11th December 2008
CONSIDERATION of the planning application for the second phase of development at Aviemore Highland Resort has been deferred.
The item was removed from the agenda on the eve of the December meeting of the Cairngorms National Park Authority’s planning committee after a neighbour came forward to highlight he had not been served the appropriate legal notice as an owner of land adjoining the application site.
Applicants for planning permission have a legal duty to serve notice of their plans on all adjoining landowners and occupiers. Aviemore Highland Resort had submitted a certificate stating neighbours had been duly notified as part of the application for full planning permission which was due to be considered by the board on Friday 12 December.
However the item has now been withdrawn from the agenda after checks by the applicant confirmed that the neighbour had not been notified. The landowner has asked for some extra time to consider the application, which is for a large scale and complex range of developments on the site.
Head of planning at the Cairngorms National Park Authority, Don McKee explained: “The item was taken off the agenda for the planning committee meeting after an adjoining landowner advised the CNPA he had not been served with a neighbour notice, which is a statutory responsibility of the applicant.
“The agent for the applicant, Aviemore Highland Resort, had submitted the certificate legally required as part of the application to state neighbours had all been notified; however a check has confirmed one neighbour was not notified. This neighbour has now asked that he has time to study the detail of the plans.
“The legal obligation to notify neighbours is the responsibility of the applicant. The planning authority can not proceed with determining an application until the proper due process has been followed and all necessary neighbour notices have been served.”
The item is now likely to be considered at a planning meeting in January next year.