210326PLCommDraftMinutesV02

DRAFT COM­MIT­TEE MINUTES

CAIRNGORMS NATION­AL PARK AUTHORITY

DRAFT MINUTES OF THE PLAN­NING COM­MIT­TEE held via Video Con­fer­ence on 26^th March 2021 at 10.30am

Mem­bers Present: Dr Gaen­er Rodger (Con­vener) Peter Argyle (Deputy Con­vener) Car­o­lyn Cad­dick Deirdre Fal­con­er Pippa Had­ley John Kirk John Lath­am Anne Rae Mac­don­ald Elean­or Mackintosh

Douglas McAdam Xan­der McDade Wil­lie McK­enna lan McLar­en Dr Fiona McLean Wil­li­am Mun­ro Derek Ross Judith Webb

In Attend­ance: Gav­in Miles, Head of Plan­ning and Com­munit­ies Emma Bryce, Plan­ning Man­ager, Devel­op­ment Man­age­ment Stephanie Wade, Plan­ning Officer, Devel­op­ment Man­age­ment Dan Har­ris, Plan­ning Man­ager, Devel­op­ment Plan­ning Nina Caudrey, Plan­ning Officer, Devel­op­ment Plan­ning Dee Straw, Plan­ning Admin­is­trat­or and Sys­tems Officer, Devel­op­ment Man­age­ment Roslyn Mac­Don­ald, Seni­or Soli­cit­or, Harp­er McLeod LLP

Apo­lo­gies: Geva Black­ett Janet Hunter

Agenda Items I & 2: Wel­come & Apologies

1. The Con­vener wel­comed all present and includ­ing Roslyn Mac­Don­ald from Harp­er McLeod LLP, instead of Peter Fer­guson. Apo­lo­gies were noted.

2. The Con­vener announced the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 (LDP) had been adop­ted at the Board meet­ing that took place earli­er in the morn­ing, and that decisions on plan­ning applic­a­tions would be taken in the con­text of that new LDP from today.

Agenda Item 3: Minutes & Mat­ters Arising from the Pre­vi­ous Meeting

1. The minutes of the pre­vi­ous meet­ing, 26 Feb­ru­ary 2021, held by video con­fer­en­cing were approved sub­ject to the fol­low­ing amend­ments: a) Dr Gaen­er Rodger name appears twice with­in the Mem­bers Present.

2. Action Points arising: None.

3. There were no mat­ters arising.

Agenda Item 4: Declar­a­tion of Interest by Mem­bers on Items Appear­ing on the Agenda

1. Pippa Had­ley declared a Non-Fin­an­cial Interest in Item 6. Reas­on: Lives close to the site, had pre­vi­ously expressed strong views on the

   principle of its development and knows many of the objectors to this
   application.
   

2. John Kirk declared a Fin­an­cial Interest in Item 6. Reas­on: Through his busi­ness has a con­trac­tu­al dis­pute with the applicant.

Agenda Item 5: Adop­tion of Loc­al Devel­op­ment Plan Non-Stat­utory Guid­ance Recom­mend­a­tion: Approv­al for Publication

1. Nina Caudrey, Plan­ning Officer presen­ted the Non-Stat­utory Guid­ance to sup­port the Policies with­in the earli­er approved LDP 2021 – 2026 to the Committee.

2. Addi­tion­al inform­a­tion was included with­in the present­a­tion explain­ing the guid­ance sup­ports a spe­cif­ic policy in the LDP and the Policies should not be read in isolation.

3. The Com­mit­tee were invited to dis­cuss the report, the fol­low­ing points were raised: a) A Mem­ber com­men­ted this was a mean­ing­ful con­sulta­tion and this guid­ance adds value.

b) A Mem­ber com­men­ted the guid­ance is well sign pos­ted, is a use­ful tool, helpful

   and readable.

c) A Mem­ber stated this was indeed an excel­lent piece of work by our officers and

   today a "Red Letter Day” for the CNPA planning service.

1. The Com­mit­tee agreed to approve the Non-Stat­utory Guid­ance for Pub­lic­a­tion as per the Officer’s recommendation.

2. Action Point arising: None.

Agenda Item 6: Detailed Plan­ning Per­mis­sion 2020/0193/DET (20/02753/FUL) Erec­tion of 23 houses and gar­ages with asso­ci­ated roads, infra­struc­ture and land­scap­ing Land to North, East and West of Dun­barry Ter­race and Ker­row Drive, Kin­gussie Recom­mend­a­tion: Approve Sub­ject to Conditions

1. Mem­bers Pippa Had­ley and John Kirk left the room.

2. Emma Bryce, Plan­ning Man­ager, presen­ted the paper to the Committee.

3. Emma Bryce, Plan­ning Man­ager then handed over to Gav­in Miles, Head of Plan­ning and Com­munit­ies to give an update on inform­a­tion only received earli­er in the week pri­or to Plan­ning Com­mit­tee. He repor­ted that the inform­a­tion sug­gests there could be Great­er But­ter­fly Orch­ids on this site. Great­er But­ter­fly Orch­ids are on the Scot­tish Biod­iversity list and in decline across the UK and Scot­land. Officers there­fore recom­men­ded an addi­tion­al con­di­tion to require a sur­vey and if neces­sary, a spe­cies pro­tec­tion plan with meas­ures to mit­ig­ate and min­im­ise any impact to any But­ter­fly Orch­ids on site, to be sub­mit­ted and approved pri­or to any devel­op­ment. This would also mean resub­mis­sion of the land­scape pro­pos­als for the site if changes were required.

4. Gav­in Miles, Head of Plan­ning and Com­munit­ies, also recom­men­ded a fur­ther inform­at­ive to any con­sent, not­ing that the site may con­tain old field drains that will require to be diver­ted in accord­ance with meas­ures in the Con­struc­tion Meth­od State­ment to avoid dis­charge to neigh­bour­ing properties.

5. The Com­mit­tee were invited to ask points of clar­ity, the fol­low­ing points were raised:

a) The Con­vener asked if these addi­tion­al con­di­tions would come back to

   committee. Gavin Miles confirmed that conditions are discharged by officers so
   would not require to come back to committee.

b) A Mem­ber asked for cla­ri­fic­a­tion in the word­ing for con­di­tion 4, did the wording

   mean not only for the existing but also for established trees on the site in the
   landscape and tree proposals. Emma Bryce confirmed this is the intention of the
   condition.

c) A Mem­ber quer­ied the addi­tion­al inform­at­ive men­tioned by Gav­in Miles, in

   regards to the old field drains and was this strong enough, should this be a
   condition. Gavin Miles confirmed that the applicant would be required to submit
   a construction method statement, and that they would be responsible for any
   damage to neighbouring properties caused by their development. The
   informative would remind them of this and their responsibility.

d) A Mem­ber quer­ied para­graph 30, the 23 afford­able hous­ing approved last year.

   How do we ensure these are completed or started prior to the housing on this
   site, or at least 8 of the affordable houses are completed by the time these 23
   houses are completed? Gavin Miles confirmed there are two site with detailed
   planning permission in addition to the proposal being considered by the
   Committee. The first site for 23 affordable housing units was now owned by
   Highland Council with a contract in place for construction to start.

e) A Mem­ber quer­ied the roads, stat­ing it is noted that High­land Council’s

   Transport Planning team were happy with the development. How would the
   CNPA ensure future roads on future applications would join up? Also in regards
   construction traffic management plan and the history of the site, if it is identified
   a haul road is required, how would this be rolled out. Gavin Miles confirmed the
   CNPA could only consider the application made at this stage, not make decisions
   on potential proposals for the future. The construction traffic management plan
   that would be an important consideration for Highland Councils Transport
   Planning Team and development would not be able to proceed until that had
   been approved. If it was not approved, then the applicant might have to consider
   other applications or developments.

1. The Com­mit­tee were invited to dis­cuss the report, the fol­low­ing points were raised:

a) A Mem­ber com­men­ted they had pre­vi­ously lived on Ker­row Drive and could

   understand the concerns raised in objections, as it was a busy road, narrow in
   places and that school children walked along it. The Member was glad to see the
   measures required to mitigate the traffic impacts.

b) A Mem­ber com­men­ted they agreed with some of the con­cerns re the designs

   and they seemed more suited to an urban setting rather than a rural setting.

c) A Mem­ber agreed with those com­ments and wondered when we would be

   running the next Design Awards. Gavin Miles confirmed the intention to run the
   next Design Awards in 2022. Gavin Miles also confirmed that officers would be

bring­ing back Design and Place­mak­ing Plan­ning Guid­ance to the Plan­ning Committee.

d) A Mem­ber com­men­ted on the late dis­cov­ery of But­ter­fly Orch­ids and quer­ied if

   this would delay the developers. Gavin Miles confirmed the developer could
   work with the condition proposed and that there was no reason for it to delay
   implementation of the development.

1. The Com­mit­tee agreed to approve the applic­a­tion as per the Officer’s recom­mend­a­tion sub­ject to the con­di­tions in the report, along with an addi­tion­al sus­pens­ive con­di­tion for the But­ter­fly Orch­ids, an addi­tion­al sus­pens­ive con­di­tion for a revised land­scap­ing plan and an addi­tion­al inform­at­ive relat­ing to field drains.

2. Action Point arising: None.

3. Pippa Had­ley and John Kirk returned to the meeting.

Agenda Item 7: Detailed Plan­ning Per­mis­sion 2020/0293/DET (APP/2020/2284) Erec­tion of 3 Dwell­ing­houses and Detached Gar­ages Land to West of Gairncliffe, Bridge of Gairn, Bal­later, Aber­deen­shire Recom­mend­a­tion: Approve Sub­ject to Con­di­tions and a Developer Contribution

1. Stephanie Wade, Plan­ning Officer, presen­ted the paper to the Com­mit­tee, not­ing that dur­ing the pro­cessing of the applic­a­tion, the ori­ent­a­tion of houses had been changed to reduce over­look­ing of neigh­bour­ing prop­er­ties in an attempt to address con­cerns raised by neighbours.

2. The Com­mit­tee were invited to dis­cuss the report, the fol­low­ing points were raised: a) A Mem­ber stated hav­ing a con­cern re the light­ing for Plot 3 but the Officer had covered this and would com­mend the applic­ant in the revi­sions to take account of this.

b) A Mem­ber stated this applic­a­tion was a good design, tra­di­tion­al design and in

   keeping with the area. The response by the applicant to neighbours' concerns is
   highly commendable. Very supportive and happy to agree.

1. The Com­mit­tee agreed to approve the applic­a­tion as per the Officer’s recom­mend­a­tion sub­ject to the con­di­tions and a developer contribution.

2. Action Point arising: None.

Agenda Item 8: AOB

1. Gav­in Miles repor­ted on the fol­low­ing mat­ters: a) Post Com­mit­tee applic­a­tion Spey House Phase 2, Aviemore – officers and developer expec­ted the end of fin­an­cial year to force the remain­ing con­tract to be signed which would allow the developer to pay the Developer Con­tri­bu­tion and for the Decision Notice to be issued. b) Post Com­mit­tee applic­a­tion Former Filling Sta­tion, Aviemore – the Leg­al Agree­ment has now been signed and is with Registers of Scot­land. The Decision Notice will be issued shortly.

2. The Con­vener informed the Com­mit­tee the Minutes from the Con­fid­en­tial Ses­sion held in Feb­ru­ary will be brought to a Con­fid­en­tial Ses­sion in April.

3. Action Points arising: None.

Agenda Item 9: Date of Next Meeting

1. Fri­day 23 April 2021 at 10am via video/​telephone conference.

2. The pub­lic busi­ness of the meet­ing con­cluded at 11.35am.