Planning Committee - December 2023

This document contains the agenda for the Cairngorms National Park Authority Planning Committee meeting on 8 December 2023, at 9.30am. The agenda includes welcoming attendees, recording apologies, and noting any declarations of interest. The committee will then approve minutes from previous meetings and discuss a number of planning permission applications, including the erection of houses, a restaurant, and self-catering cabins. The agenda also features a review of the Planning Enforcement Charter and an update on planning enforcement. Finally, the agenda sets the date for the next meeting as 26 January 2024.

This document contains the draft minutes of the Cairngorms National Park Authority Planning Committee meeting held on 10 November 2023. The meeting covered several planning applications, including residential development in Aviemore, a distillery near Spey Dam, and a new footpath/cycle route in Braemar, all of which were approved subject to conditions. The committee also discussed an ATV track for woodland management and received a planning service performance update, thanking the planning team for their work. Finally, the convener announced it was her last planning committee meeting, and the meeting concluded with a motion to move to a confidential session.

This document contains information about a planning application submitted to the Cairngorms National Park Authority for the erection of seven houses, a restaurant, and a production building in Aviemore. The recommendation is to approve the application subject to certain conditions and a legal agreement to secure affordable housing and contributions towards local education. The document includes site descriptions, proposals, history, relevant planning policies, and a summary of consultations with various bodies, including the Highland Council and Scottish Water. While some concerns were raised regarding landscape impact, drainage, and road design, the overall assessment concludes that the development is acceptable subject to adherence to planning policies and mitigation measures.

This document contains plans for agenda item 5, appendix 1a, referenced as 2021/0227/DET. The plans include a site layout for a proposed development called Lairig View in Aviemore, and the drawing also shows different house types (A, B, and C) with floor plans and elevations. There are also long site sections of the proposed development.

This document contains plans associated with application 2021/0227/DET for the Cairngorms National Park Authority (Park Authority). It includes agenda item 5 and appendix 1b from 8 December 2023. The plans show proposed developments at Lairig View in Aviemore, including house types D and E, a restaurant and shed, plus a tree constraints plan. These plans include elevations, floor plans, and sections, noting materials and dimensions, along with a tree survey indicating tree species, condition, and retention categories.

This document contains plans for Agenda item 5, Appendix 1c, related to application 2021/0227/DET for the Cairngorms National Park Authority. The plans include a tree protection plan and a proposed landscaping plan for a development at Lairig View, Aviemore. The proposed site sections show the existing and proposed levels of the site, including details of the plots, restaurant, and access road. A drainage layout plan details surface water management, including attenuation tanks, a swale, and controlled discharges into existing drainage ditches, along with foul water management.

This document contains plans for a proposed development at Lairig View in Aviemore by Cairngorm Residential LLP, dated 8 December 2023. The plans include site model images, aerial views, images showing views to the north, south and west, and existing views of the site. The development includes housing, a restaurant, parking, a dragonfly pond, and a new link to the core footpath with traffic calming measures. The plans also include information about pedestrian access and street lighting.

This document contains a habitats regulations appraisal for a proposed development in Aviemore. The development includes building 7 houses, a restaurant with a micro-gin distillery, and a production building. Karen Aldridge, the Planning Ecological Advice Officer, appraised the project on 29 November 2023. The appraisal considers the potential impact on two European sites: Kinveachy Forest Special Protection Area (SPA) and the River Spey Special Area of Conservation (SAC), focusing on species like capercaillie, Scottish crossbill, Atlantic salmon, freshwater pearl mussel, sea lamprey, and otter. The appraisal concludes that with mitigation measures, like implementing a Construction Management System (CMS) and an Otter Protection Plan, the development is unlikely to have an adverse effect on the integrity of these sites.

This document contains community council comments on a planning application, number 2021/0227/DET, for the erection of seven houses, a restaurant, and a production building at Laraig View in Aviemore. The council neither objects nor supports the application, but seeks clarification on whether the houses are for permanent or short-term use. They also ask what conditions can ensure the houses are available and affordable for locals, and point out a possible spelling error with the address.

This document contains a planning application for the erection of seven self-catering cabins, a toilet and shower block, and a manager's house at Land 110M SE of Boat Of Balliefurth, Grantown On Spey, within the Cairngorms National Park. The application, reference number 2023/0199/DET, was called in on 15 May 2023, with a recommendation to approve subject to conditions. The site, located near the River Spey, is currently used for informal camping and is part of an existing croft. While concerns were raised regarding environmental impact and traffic, consultees generally had no objections, subject to conditions addressing issues like pre-construction surveys, tree protection, pollution prevention, and archaeological monitoring. The Cairngorms National Park Authority (CNPA) supports the proposal, as it aligns with policies promoting sustainable tourism, rural economic development, and the use of greenfield sites associated with existing businesses, subject to adhering to a range of planning conditions designed to mitigate environmental impacts and maintain the landscape's character.

This document contains plans associated with agenda item 6, appendix 1, reference number 2023/0199/DET, dated 8 December 2023 for the Cairngorms National Park Authority. The plans, created by Colin Lawson (Builders) Ltd, detail proposed developments at Boat of Balliefurth, Nethybridge Road, Grantown-on-Spey for Ronald and Emmeline Macpherson. They include a location plan, a site plan, elevations and floor plans for a house, holiday pods and a bike shed, specifying materials and dimensions.

This document contains a habitats regulations appraisal, dated 8 December 2023, for agenda item 6, appendix 2, reference number 2023/0199/DET. It looks at the potential impact of building seven self-catering cabins, a toilet and shower block, and a manager's house on the River Spey Special Area of Conservation (SAC) and Craigmore Wood Special Protection Area (SPA). The appraisal, conducted by Karen Aldridge, a Planning Ecological Advice Officer, and checked by NatureScot, considers the potential for significant effects on otter, freshwater pearl mussel, sea lamprey, Atlantic salmon and breeding capercaillie. The appraisal concludes that with a pollution prevention plan in place, the development would not significantly impact the conservation objectives of the sites and no mitigation is required for capercaillie.

This document contains community council comments regarding planning application 2023/0199/DET. Nethy Bridge & Vicinity Community Council is still against the proposed pods/campsite development due to environmental impact concerns. They state the area is home to important species and environmental designations and that the road is not suitable for the increased traffic. The community council asks that the committee refuse the application.

This document contains objections to a planning application (reference 2023/0199/DET) for the proposed erection of owner's accommodation, 7 self-catering cabins and toilet/shower block at Boat of Balliefurth, Grantown-on-Spey. The objections are based on the grounds that the renewed planning application still does not comply with the same policies referenced in the initial objection and raises the same objections again. The clients witness on a daily basis an exceptional array of biodiversity including protected species, and the site is adjacent to the River Spey Special Area of Conservation (SAC) and River Spey Site of Special Scientific Interest (SSSI) as well as being in close proximity to the Craigmore Special Protection Area (SPA) and Wildcat Priority Area. The plan is also not supported by Cairngorms National Park Authority's Local Development Plan 2021.

This document contains a planning application to the Cairngorms National Park Authority for a proposed development at Land 380M West Of East Croftmore Boat Of Garten. The application, submitted by James Perkins on 2 October 2023, seeks to amend condition 6 of a previous planning consent (2022/0069/DET) relating to a noise barrier for a battery energy storage facility. The proposal aims to increase the permissible noise level at nearby properties, with the Highland Council Environmental Health Service and Nature Scot consulted and in agreement with the changes. The Cairngorms National Park Authority recommend approval of the application subject to conditions.

This document contains an agenda item for the Cairngorms National Park Authority meeting on 8 December 2023. The appendix includes plans, specifically 2023/0381/DET, for an energy storage project in Boat of Garten. The document features a location and red line boundary plan, last updated on 21 July 2022, showing the site's boundaries, land ownership, access road, and a tree root protection zone.

This document contains a habitats regulations appraisal, dated 8 December 2023, for a planning application regarding the construction of a battery energy storage facility near Boat of Garten. The appraisal, conducted on 17 August 2022, examines the potential impact of the development on three European sites: the River Spey Special Area of Conservation (SAC), the Cairngorms SAC, and the Abernethy Forest Special Protection Area (SPA). It concludes that the development could have a significant effect on the River Spey SAC due to potential sediment release and pollution during construction. However, with the implementation of a Construction Environment Management Statement (CEMP) and the use of a non-toxic fire suppressant, these risks can be minimised. The appraisal finds no likely significant effects on the Cairngorms SAC or the Abernethy Forest SPA. The document recommends conditions for planning permission to ensure the protection of the River Spey SAC's integrity.

This document contains a planning committee report from the Cairngorms National Park Authority (Park Authority) regarding a proposal to construct a battery energy storage facility near Boat of Garten. The facility would include a control building, switch room, battery storage containers, and landscaping on an area of improved grazing land. The recommendation is to approve the project, subject to conditions. The report details the site description, the proposed development, planning history, and the results of consultations with various stakeholders. The main concerns raised involve potential impacts on the landscape, environment, nearby residents, and traffic. The report also considers cultural heritage, servicing, and access. The planning officer concludes that, with appropriate conditions, the development complies with relevant local development plan policies and recommends approval.

This document contains a series of emails between Katie Crerar of the Cairngorms National Park Authority and Robin Fraser, an Environmental Health Officer at Highland Council, regarding application 2023/0381/DET, which concerns an amendment to condition 6 (noise barrier) of (2022/0069/DET). The discussion revolves around noise levels and mitigation measures for a proposed development, particularly concerning the impact on nearby properties like Aldon Lodge and East Croftmore. The emails detail suggested amendments to noise limits, the use of noise barriers and other measures to reduce noise, and compliance monitoring plans. Fraser ultimately states that he has no objection to the proposed changes, provided certain conditions are met, including submitting a detailed specification of the noise barrier and an updated noise assessment.

This document contains a request for the Planning Committee to approve the Planning Enforcement Charter for adoption and publication for the Cairngorms National Park Authority. The Charter, which was last approved in December 2022, needs to be reviewed every two years, or more frequently if there are changes to planning enforcement or legislation. Following Planning Committee approval, the Charter will be sent to the Scottish Ministers for final approval and then published on the Cairngorms National Park Authority website and displayed in local public libraries.

This document contains the Cairngorms National Park Authority's (CNPA) Planning Enforcement Charter, updated in November 2023. The charter explains how the planning enforcement process works within the Cairngorms National Park, including the roles of the CNPA and local authorities. It aims to ensure fair, reasonable, and accountable procedures when dealing with breaches of planning control, which occur when development happens without permission or doesn't follow approved plans. The document outlines how to report a suspected breach, how investigations are prioritized, and the types of formal notices that can be issued. It also includes contact information for various planning authorities and explains different types of enforcement powers, such as Enforcement Notices, Breach of Condition Notices, and Stop Notices.

This document contains the Planning Enforcement Register for the Cairngorms National Park Authority, updated in December 2023. It lists planning enforcement notices served, including the reference number, the name of the person or organisation served, the type of notice, the date served, the effective date, the outcome of the notice, the address of the property, details of the breach, the requirements of the notice, and the date for compliance. The breaches range from unauthorised construction, unauthorised change of use of land, signage displayed without consent, and failure to meet conditions of planning permission.