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240126ApprovedPublicPCMinutes

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

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Approved Minutes of the Plan­ning Com­mit­tee Meet­ing Held at Cairngorms Nation­al Park Author­ity HQ, Grant­own on Spey Hybrid 26 Janu­ary 2024 at 9.30am

Present Chris Beat­tie (Plan­ning Con­vener) Elean­or Mack­in­tosh (Deputy Plan­ning Con­vener) Kenny Deans Rus­sell Jones Sandy Brem­ner (Board Con­vener) John Kirk Peter Cosgrove

Derek Ross Paul Gibb Bill Lob­ban Lauren Mac­Cal­lum Rus­sell Jones Duncan Miller

Vir­tu­al Fiona McLean Han­nah Grist Steve Micklewright

Xan­der McDade Ann Ross Geva Blackett

Apo­lo­gies None

In Attend­ance Gav­in Miles, Head of Stra­tegic Plan­ning Peter Fer­guson, Harp­er MacLeod LLP Emma Bryce, Plan­ning Man­ager (Devel­op­ment Man­ager) Edward Swales, Mon­it­or­ing & Enforce­ment Officer (Devel­op­ment Man­ager) Kath­er­ine Don­ach­ie, Plan­ning Officer (Devel­op­ment Man­age­ment) Dan Har­ris, Plan­ning Man­ager (For­ward Plan­ning and Ser­vice Improve­ment) Deirdre Straw, Plan­ning Sys­tem Officer Emma Green­lees, Plan­ning Sup­port Officer James Ade, Clerk to the Board

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

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Agenda Item 1&2 Wel­come and Apologies

  1. The Plan­ning Con­vener wel­comed all present includ­ing mem­bers of the public.

Agenda Item 3 Declar­a­tions of Interest

  1. Bill Lob­ban declared an interest in Item 9.
  2. Rus­sell Jones declared an interest in Item 9.
  3. Duncan Miller declared an interest in Item 9.
  4. Lauren Mac­Cal­lum declared an interest in Item 9.

Agenda Item 4 Minutes of Pre­vi­ous Meet­ing and Mat­ters Arising

  1. The minutes of the pre­vi­ous meet­ing on 13 Decem­ber 2023 held at Cairngorms Nation­al Park Author­ity, Grant­own on Spey, were approved with no amendments.

Agenda Item 5 Applic­a­tion for Detailed Plan­ning Per­mis­sion 2023/0004/DET (22/05826/FUL) Change of use of land for sit­ing of 25 lodges, access road and land­scap­ing at Site of Dry Ski Slope, Grampi­an Road, Aviemore, High­land Recom­mend­a­tion: Approve sub­ject to conditions

  1. Gav­in Miles, Head of Stra­tegic Plan­ning presen­ted the paper to the Com­mit­tee, high­light­ing that the land­scape plan was incor­rect as it did not reflect all the trees that will be lost, iden­ti­fied in the tree sur­vey. There­fore, a revised land­scape plan is sought through the impos­i­tion of a con­di­tion to exactly spe­cify tree plant­ing and mit­ig­a­tion measures.

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  1. The Com­mit­tee were invited to ask for clar­ity, and the fol­low­ing points were raised: a) A Mem­ber sought clar­ity on wheth­er con­cerns raised by the High­land Coun­cil Tree Officer had been addressed. The Head of Stra­tegic Plan­ning respon­ded that con­di­tions were pro­posed to address the con­cerns raised. b) A Mem­ber asked for cla­ri­fic­a­tion of con­di­tion 10. The Head of Stra­tegic Plan­ning respon­ded that the con­di­tion was mod­i­fied to reflect to the cor­rect time for the osprey breed­ing sea­son. c) Clar­ity was giv­en on changes to the Aviemore orbit­al path with­in the site. d) Mem­bers asked for clar­ity on where the new play park would be loc­ated and how it would be delivered. The Head of Stra­tegic Plan respon­ded that it was set out in the rel­ev­ant con­di­tion. e) A Mem­ber ques­tioned what the pro­vi­sion for pub­lic car park­ing in the new devel­op­ment is. The Head of Stra­tegic Plan­ning respon­ded that the car park­ing is was not required to be public.

  2. The object­or Tessa Jones on behalf of the Badenoch and Strath­spey Con­ser­va­tion Group addressed the Committee.

  3. The Com­mit­tee were invited to ask for clar­ity. The fol­low­ing point was raised: a) A Mem­ber asked what evid­ence there was that the site was used for inform­al recre­ation and evid­ence of the min­ing bee spe­cies. Tessa Jones respon­ded that the well-estab­lished orbit­al route ran through the site. She added that while there had not been a bee sur­vey car­ried out at the site, it is very sim­il­ar hab­it­at to one found a mile north where there was a thriv­ing pop­u­la­tion. The Head of Stra­tegic con­firmed that a con­di­tion requir­ing an appro­pri­ate seed mix for grass­land areas was inten­ded to sup­port that hab­it­at for min­ing bees.

  4. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing points were raised: a) Dis­cus­sion was had around the num­ber of con­di­tions the applic­a­tion had and mak­ing informed decisions. The Head of Stra­tegic Plan­ning explained the use of con­di­tions. b) Dis­cus­sion was had on the loc­a­tion of the devel­op­ment and the idea of the play park being open for pub­lic use. c) Mem­bers raised con­cerns around the scale of the devel­op­ment due to the loss of green­space, the effect on biod­iversity and how it did not adhere to policy such as the Nation­al Plan­ning Frame­work 4 and the Cairngorms Nature Plan. Oth­er Mem­bers raised that this is already a highly dis­turbed space through recreation.

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  1. The Con­vener adjourned the meet­ing to allow the pre­par­a­tion of an amend­ment to the Officer’s recommendation.

The com­mit­tee adjourned at 12.10pm

The meet­ing recom­menced at 12.35pm

  1. Fiona Maclean pro­posed an amend­ment to refuse the applic­a­tion. This was seconded by Steve Mickle­wright. In their opin­ion, the applic­a­tion: a) Does not provide enough inform­a­tion to demon­strate that the devel­op­ment will pre­serve, restore, and add to biod­iversity in accord­ance with Policy 3b) of Nation­al Plan­ning Frame­work 4. b) Is con­trary to Policy 3.3k) of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 which requires devel­op­ment to cre­ate oppor­tun­it­ies for fur­ther biod­iversity and pro­mote eco­lo­gic­al interest due to the lack of inform­a­tion provided.

  2. Bill Lob­ban pro­posed the Motion to approve as per the Officer’s recom­mend­a­tion and this was seconded by Elean­or Mackintosh.

  3. The Com­mit­tee pro­ceeded into a vote. The res­ults were as follows:

MOTIONAMEND­MENTABSTAIN
Chris Beat­tieX
Geva Black­ettX
Sandy Brem­nerX
Peter Cos­groveX
Kenny DeansX
Paul GibbX
Han­nah GristX
Rus­sell JonesX
John KirkX

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

MOTIONAMEND­MENTABSTAIN
Bill Lob­banX
Steve Mickle­wrightX
Lauren Mac­Cal­lumX
Elean­or MackintoshX
Xan­der McDadeX
Fiona McLeanX
Duncan MillerX
Ann RossX
Derek RossX
TOTAL981

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  1. The Com­mit­tee approved the applic­a­tion for plan­ning per­mis­sion in prin­ciple as per the recom­mend­a­tion in the Officer’s report.

Action Point arising: i. Head of Stra­tegic Plan­ning to update con­di­tion 10 relat­ing to the osprey breed­ing season.

Agenda Item 6 Applic­a­tion for Detailed Plan­ning Per­mis­sion 2023/0295/DET (APP/2023/1235) Erec­tion of farm shop / café / staff accom­mod­a­tion and shed and install­a­tion of free- stand­ing sol­ar pan­els and asso­ci­ated works at Bal­bre­gon Farm Adja­cent to Car­rue Cot­tage, Logie Cold­stone, Aboyne, Aber­deen­shire Recom­mend­a­tion: Refuse

  1. Kath­er­ine Don­ach­ie, Plan­ning Officer (Devel­op­ment Man­age­ment) presen­ted the paper to the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity and the fol­low­ing points were raised: a) Mem­bers sought clar­ity on how rur­al com­munit­ies will sur­vive without using private cars. Officers respon­ded that some rur­al loc­a­tion in the Nation­al Park were con­nec­ted by good path net­works and pub­lic trans­port and that each applic­a­tion is con­sidered on its own mer­its. This recom­mend­a­tion is based on National

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Plan­ning Frame­work 4 policy how­ever, it was up to Mem­bers to decide on the weight they give to this policy. b) A Mem­ber asked for clar­ity on wheth­er there was anoth­er loc­a­tion avail­able to the applic­ant for the pro­posed devel­op­ment. The Plan­ning Officer con­firmed that there was not. c) A Mem­ber ques­tioned wheth­er the pro­posed devel­op­ment was access­ible by bicycle. The Plan­ning Officer con­firmed that the devel­op­ment was access­ible by bicycle and the applic­ant has made cyc­ling pro­vi­sions at the entrance of the pro­posed development.

  1. The applic­ant, Fiona Has­soun, and the agent, Peter Henry, addressed the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity. The fol­low­ing points were raised: a) A Mem­ber ques­tioned the applic­ant and agent on the trans­port and the lim­it­a­tions posed by car access only. They respon­ded that there needs to be an under­stand­ing of rur­al areas and that Nation­al Plan­ning Frame­work 4 Policy 13 could be used to pro­hib­it devel­op­ment in any area. b) A Mem­ber ques­tioned who owns the burn. The applicant’s under­stand­ing was that they had leg­al right to use the water from the field but was unsure who owns the burn.

Geva Black­ett left the meet­ing at 1.20pm

  1. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing points were raised: a) Mem­bers dis­cussed the issue of sus­tain­able trans­port in the Nation­al Park raised by officers, echo­ing each other’s sup­port for the application.

  2. The Plan­ning Officer presen­ted the con­di­tions that are pro­posed if the applic­a­tion was to be approved. Mem­bers agreed with the con­di­tions presented.

  3. The Com­mit­tee unan­im­ously approved the details for plan­ning per­mis­sion sub­ject to the con­di­tions presen­ted to the plan­ning com­mit­tee by the plan­ning officer at the meet­ing, see appendix 1.

  4. Action Point arising: None.

The Com­mit­tee broke for lunch at 1.55pm

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The Com­mit­tee recon­vened at 2.20pm

Agenda Item 7 Applic­a­tion for Plan­ning Per­mis­sion in Prin­ciple 2023/0300/PPP (23/03244/PPP) Devel­op­ment of three afford­able houses at Land 80M SW of Inshcraig, Insh, Kin­gussie, PH21 1NU Recom­mend­a­tion: Approve sub­ject to conditions

  1. Emma Bryce, Plan­ning Man­ager (Devel­op­ment Man­age­ment) presen­ted the paper to the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity and the fol­low­ing point was raised: a) Mem­bers asked wheth­er there would be a con­di­tion that would keep afford­able houses afford­able in per­petu­ity. Officers respon­ded that a con­di­tion was pro­posed for the applic­ant to demon­strate the mech­an­ism for secur­ing the afford­ab­il­ity of that would be con­sidered through a fur­ther plan­ning application.

  3. The applicant’s agent, John Downie, addressed the Committee.

  4. The Com­mit­tee were invited to ask for clar­ity. The fol­low­ing point was raised a) A Mem­ber asked for clar­ity on who owns the track and who would be respons­ible for main­ten­ance. The agent respon­ded that the applic­ant owns the track but was wait­ing on title deeds to prove this. Gav­in Miles, the Head of Stra­tegic Plan­ning, added that it was most likely that the own­ers would take on respons­ib­il­ity for the track.

  5. Keith Taylor, on behalf of the object­ors, addressed the Committee.

  6. The Com­mit­tee were invited to ask for clar­ity. The fol­low­ing point was raised: a) Mem­bers asked for clar­ity on how far the pro­posed devel­op­ment was from the closest primary school. Keith Taylor respon­ded that it was around 3.1 miles away via road.

  7. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing points were raised: a) Mem­bers dis­cussed the issue that the under­ground and over­ground power­lines posed. The Head of Stra­tegic Plan­ning input­ted that SSE would have to agree that

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the site was safe if the plan­ning per­mis­sion in prin­ciple was approved oth­er­wise the devel­op­ment would not go ahead. b) Mem­bers agreed that there was a need for more afford­able rur­al housing.

  1. The Com­mit­tee approved the details for plan­ning per­mis­sion in prin­ciple as per the recom­mend­a­tion in the Officer’s report.

Action Point arising: None.

Agenda Item 8 Applic­a­tion for Detailed Plan­ning Per­mis­sion 2023/0302/DET (APP/2023/1146) Per­mit­ted reten­tion of car park and asso­ci­ated toi­let and refuse facil­it­ies (pre­vi­ous plan­ning per­mis­sion ref­er­ence APP/2021/0891) (Applic­a­tion Called-In 02/10/2023) at Land at Clarack Farm­house, Din­net, Aboyne, AB34 5LP Recom­mend­a­tion: Approve sub­ject to conditions

  1. Kath­er­ine Don­nach­ie, Plan­ning Officer (Devel­op­ment Man­age­ment) presen­ted the paper to the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity and the fol­low­ing points were raised: a) Mem­bers ques­tioned health and safety aspects of the devel­op­ment sug­gest­ing a gale break­er to dis­cour­age access by mem­bers of the pub­lic. Officers respon­ded that they would speak to the estate regard­ing their respons­ib­il­ity to main­tain safety and risk assess­ments. b) A Mem­ber asked for cla­ri­fic­a­tion on the stand­ard of the toi­let facil­it­ies. The Officers respon­ded that the pro­posed toi­let facil­it­ies were bet­ter that small Porta­loo sys­tems and required less infra­struc­ture to create.

  3. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing point was raised: a) Mem­bers sup­por­ted the applic­a­tion sight­ing the pos­it­ive impacts of estates provid­ing park­ing and facilities.

  4. The Com­mit­tee approved the detailed for plan­ning per­mis­sion as per the recom­mend­a­tion in the Officer’s report.

Action Point arising:

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i. Officers to speak with the estate around their respons­ib­il­ity to main­tain safety and risk assessments.

Bill Lob­ban, Rus­sell Jones, Duncan Miller and Lauren Mac­Cal­lum left the room at 3.18pm

Steve Mickle­wright left the meet­ing at 3.19pm

Agenda Item 9 For decision High­land Coun­cil, Badenoch & Strath­spey Short-term Let Con­trol Area Dan Har­ris, Plan­ning Man­ager, For­ward Plan­ning and ser­vice Improvement

  1. Dan Har­ris, Enforce­ment and Mon­it­or­ing Officer, (Devel­op­ment Man­age­ment) presen­ted the paper to the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity and the fol­low­ing points were raised: a) A Mem­ber ques­tioned the cumu­lat­ive impact of decisions when determ­in­ing licen­cing applic­a­tions. Peter Fer­guson, Harp­er MacLeod LLP, respon­ded that due to the des­ig­na­tion order, the implic­a­tions only arise from the indi­vidu­al applic­a­tion in ques­tion rul­ing out any cumu­lat­ive assessment.

  3. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing point was raised: a) A Mem­ber ques­tioned wheth­er the policy would apply to ret­ro­spect­ive applic­a­tions were in pro­cess. b) The Plan­ning Officer respon­ded that there would be applic­a­tions that do require plan­ning per­mis­sion such as flats which already required plan­ning permission.

  4. The Com­mit­tee con­firmed their agree­ment with High­land Council’s non-stat­utory plan­ning policy on short-term letting.

Bill Lob­ban, Rus­sell Jones, Duncan Miller and Lauren Mac­Cal­lum re-entered the room at 3.29pm

Agenda Item 10 For inform­a­tion Report­ers Decision — ENA-0012004 – The erec­tion of a hut in breach of plan­ning con­trol involving car­ry­ing out devel­op­ment without the required plan­ning per­mis­sion under

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sec­tion 123(1) of The Town and Coun­try Plan­ning Act 1997, at Cardine Wood, Part of Bad­den­gorm Woods, Carr Bridge, High­land, PH23 3BX

  1. Gav­in Miles, Head of Stra­tegic Plan­ning presen­ted the paper to the Committee.

  2. The Com­mit­tee were invited to ask for clar­ity and the fol­low­ing point was raised: a) A Mem­ber sought clar­ity on the times­cale for the hut to be removed. The Head of Stra­tegic Plan­ning respon­ded that a reas­on­able times­cale had been giv­en for the hut to be removed.

  3. The Com­mit­tee were invited to dis­cuss the report. The fol­low­ing points were raised: a) No points were raised.

  4. The Com­mit­tee noted the paper, and the Con­vener thanked the plan­ning team again for their work.

AOCB None

Date of next meet­ing: 8 March 2023

  1. The Com­mit­tee Con­vener raised a motion to move to a con­fid­en­tial ses­sion to con­sider the con­fid­en­tial minutes for on 22 August 2023 plan­ning Committee.

  2. The pub­lic busi­ness of the meet­ing con­cluded at 3.31am.

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Appendix 1 Draft con­di­tions Applic­a­tion 2023/0295/DET

  1. The devel­op­ment to which this per­mis­sion relates must be begun not later than the expir­a­tion of 3 years begin­ning with the date on which the per­mis­sion is gran­ted. a) Reas­on: The time lim­it con­di­tion is imposed in order to com­ply with the require­ments of sec­tion 58 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 as amended.

  2. No devel­op­ment shall com­mence on site until a site-spe­cif­ic Con­struc­tion Envir­on­ment Man­age­ment Plan (CEMP) has been sub­mit­ted to and approved in writ­ing by. the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with Scot­tish Water and Nature Scot. The CEMP shall include the fol­low­ing inform­a­tion: a) Site Waste Man­age­ment Plan includ­ing details of the management/​storage of soil and con­struc­tion mater­i­als, approach to site pre­par­a­tion, res­tor­a­tion and rein­state­ment and pro­gramme of works. b) Details of water man­age­ment to pre­vent run-off from the site dur­ing con­struc­tion work. c) Con­struc­tion Meth­od State­ment which shall include all meas­ures to min­im­ise con­struc­tion related noise, dust, and arti­fi­cial light­ing If any works are to be under­taken dur­ing the bird breed­ing sea­son, (April to Septem­ber) spe­cies pro­tec­tion plans for any birds that would be dis­turbed to be included. This should ensure that any trees to be felled are checked for nest­ing birds pri­or to felling (ideally with­in a 24-hour peri­od before) d) Meth­od state­ment out­lining how any new cul­verts will be installed and ditches cleaned in rela­tion to any impacts upon the drink­ing water catch­ment area. e) Details of appoin­ted Envir­on­ment­al Clerk of Works (ECOW) their remit, scope of their work, and report­ing and mon­it­or­ing sched­ule; and f) Pol­lu­tion Pre­ven­tion Plan includ­ing site spe­cif­ic pol­lu­tion pre­ven­tion meas­ures to pro­tect the water envir­on­ment and the Logie Burn from the

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release of sed­i­ments or oth­er pol­lut­ants. This plan to adhere to good prac­tise guid­ance meas­ures. All work shall there­after pro­ceed in accord­ance with the approved details with mon­it­or­ing reports from the ECOW provided to the Cairngorms Nation­al Park Author­ity in accord­ance with the agreed mon­it­or­ing sched­ule. g) Reas­on: To ensure that the con­struc­tion of the devel­op­ment is sat­is­fact­or­ily imple­men­ted and super­vised in order to ensure that there are no adverse effects on the nat­ur­al her­it­age of the Nation­al Park, includ­ing NATURA interests, or any pol­lu­tion of water­courses in accord­ance with Policy 4 :Nat­ur­al Places, Policy 3: Biod­iversity, Policy 5: Soils, Policy 12: Zero Waste, and Policy 22: Flood Risk and Water Man­age­ment of the Nation­al Plan­ning Frame­work and Policy 4: Nat­ur­al Her­it­age, Policy 3 : Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Author­ity Loc­al Devel­op­ment Plan.

  1. No devel­op­ment shall com­mence until pre-con­struc­tion sur­veys for pro­tec­ted spe­cies have been under­taken by a suit­ably qual­i­fied eco­lo­gist and the res­ults, togeth­er with any asso­ci­ated Spe­cies Pro­tec­tion Plans, have been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. All mit­ig­a­tion meas­ures shall there­after be imple­men­ted in accord­ance with any approved Spe­cies Pro­tec­tion Plans and over­seen by the appoin­ted Envir­on­ment­al Clerk of Works. a) Reas­on: To determ­ine the effects of the devel­op­ment on the eco­logy of the site and to inform mit­ig­a­tion meas­ures for pro­tec­ted spe­cies in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work and Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Author­ity Loc­al Devel­op­ment Plan.

  2. No devel­op­ment shall com­mence on site until a detailed land­scape scheme has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This plan shall reflect the prin­ciples of the approved site plan and Eco­logy Sur­vey and Eco­lo­gic­al Impact Assess­ment (sec­tion 6) and shall include full details of: a) Details and spe­cific­a­tion of all pro­posed trees and plants includ­ing plant sizes, num­bers, spe­cies, and loc­a­tions pre­pared to BS11091

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b) Details of all hard sur­fa­cing of paths, park­ing areas, bound­ar­ies and access includ­ing edging of park­ing spaces and park­ing area which shall reflect the require­ment for nat­ur­al fin­ishes appro­pri­ate to the rur­al set­ting c) Reten­tion and pro­tec­tion of exist­ing ripari­an plant­ing along the river­side includ­ing details of any regen­er­a­tion pro­pos­als d) Details of plant­ing of the pro­posed water garden in the north west corner of the site e) Details of future man­age­ment and main­ten­ance f) The approved land­scape scheme shall be imple­men­ted in accord­ance with the approved details in the first plant­ing sea­son fol­low­ing com­ple­tion of the devel­op­ment and main­tained there­after in accord­ance with the approved plans and details through­out the life­time of the devel­op­ment hereby approved. g) Reas­on: To ensure the long-term reten­tion of an appro­pri­ate land­scap­ing set­ting, enhanced biod­iversity, pro­tec­tion of trees and to ensure the devel­op­ment com­ple­ments and enhances the land­scape accord­ance with Policy 3: Biod­iversity, Policy 4: Nat­ur­al Places and Policy 6: Forestry Wood­land and Trees of the Nation­al Plan­ning Frame­work and Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  1. No devel­op­ment shall com­mence on site until details of the pro­posed light­ing for the devel­op­ment have been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This scheme to include details of the strength, design, and dir­ec­tion of all light­ing, reflect­ing the need for light­ing to avoid light­ing the hab­it­ats along the Logie Burn and the wood­land edge, and should avoid unne­ces­sary light spill into the sur­round­ing envir­on­ment. The scheme shall there­after be imple­men­ted in accord­ance with the approved plans through­out the life­time of the devel­op­ment hereby approved. a) Reas­on: To min­im­ise any impacts upon wild­life from light pol­lu­tion from the devel­op­ment in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  2. No devel­op­ment shall com­mence on site until trees have been pro­tec­ted in accord­ance with the approved Tree Pro­tec­tion Plan and these meas­ures shall be retained through­out the con­struc­tion stage of development.

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

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a) Reas­on: To pro­tect the retained trees along the bound­ary of the site and in accord­ance with Policy 3: Biod­iversity, Policy 4: Nat­ur­al Places and Policy 6: Forestry Wood­land and Trees of the Nation­al Plan­ning Frame­work and Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  1. No devel­op­ment shall com­mence on the con­struc­tion of any build­ings, until samples of the pro­posed fin­ishes have been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. These details shall reflect the require­ment for the use of tim­ber fin­ishes on the main build­ing and/​or nat­ur­al stone with the full details of the type, design, pro­file, size, and con­fig­ur­a­tion of the stone­work to be provided. The devel­op­ment shall there­after be con­struc­ted in accord­ance with the approved details. a) Reas­on: To ensure the devel­op­ment com­ple­ments and enhances the land­scape in accord­ance with Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  2. No devel­op­ment shall com­mence on site until an updated Drain­age State­ment has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the Aber­deen­shire Coun­cil Flood Risk Man­age­ment Team. These details shall include the fol­low­ing inform­a­tion: a) Details of the siz­ing and design of the exist­ing and pro­posed cul­verts. b) Detailed design of the sur­face water drain­age pro­pos­als for the site, to include fur­ther inform­a­tion regard­ing the park­ing area to ensure that this can be adequately drained and that there is no flow of water onto the pub­lic road, build­ing or adjoin­ing land; Pre and post devel­op­ment over­land flow paths; and future sur­face water drain­age main­ten­ance régime. c) Cal­cu­la­tions to show that the dis­charge rate of 0.5l/s has been assessed as the green­field run­off rate for the site. d) The devel­op­ment shall not be brought into use until the sur­face water dis­pos­al arrange­ments have been imple­men­ted in accord­ance with the approved details

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

Page 15 of 17

and there­after the scheme shall be main­tained in accord­ance with the approved details through­out the life­time of the devel­op­ment hereby approved. e) Reas­on: To ensure that a sus­tain­able sur­face water drain­age scheme avoid­ing unac­cept­able impacts on the envir­on­ment is imple­men­ted in accord­ance with Policy 22: Flood Risk and water man­age­ment of the Nation­al Plan­ning Frame­work and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  1. No devel­op­ment shall com­mence on site until details of the design of the pro­posed cycle and bin stor­age has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the Aber­deen­shire Coun­cil Roads Devel­op­ment Team. The pro­vi­sion shall there­after be formed in accord­ance with the approved details before the devel­op­ment is brought into use and retained there­after through­out the life­time of the devel­op­ment hereby approved. a) Reas­on: To sup­port sus­tain­able travel and ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced in accord­ance with Policy 13: Sus­tain­able Trans­port of the Nation­al Plan­ning Frame­work and Policy 3: Design and Place­mak­ing of the Cairngorms Loc­al Devel­op­ment Plan 2021.

  2. No devel­op­ment shall com­mence on site until details of sit­ing and design of the biod­iversity enhance­ments (bat and bird boxes) ref­er­enced with­in the approved Eco­logy Sur­vey and Eco­lo­gic­al Impact Assess­ment have been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity The devel­op­ment hereby approved shall not be occu­pied until the pro­vi­sion has been imple­men­ted in accord­ance with the approved details. a) Reas­on: To ensure that biod­iversity is enhanced in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work and Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Author­ity Loc­al Devel­op­ment Plan.

  3. The devel­op­ment hereby approved shall not be occu­pied until an emer­gency access road has been formed in accord­ance with the approved site plan. This access shall be closed off by way of a gate and only used in emergency

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

Page 16 of 17

situ­ations, and this access shall be retained there­after through­out of the life­time of the devel­op­ment hereby approved. a) Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced dur­ing flood events in accord­ance with Policy 13: Sus­tain­able Trans­port and Policy 22 Flood Risk and Water Man­age­ment of the Nation­al Plan­ning Frame­work, and Policy 3: Design and Place­mak­ing and Policy 10 Resources of the Cairngorms Loc­al Devel­op­ment Plan 2021.

  1. The devel­op­ment hereby approved shall not be occu­pied until all park­ing, access, turn­ing areas, paths and elec­tric char­ging points have been com­pleted in accord­ance with the approved plans. This infra­struc­ture to be retained there­after through­out of the life­time of the devel­op­ment hereby approved. a) Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced in accord­ance with Policy 13: Sus­tain­able Trans­port of the Nation­al Plan­ning Frame­work and Policy 3: Design and Place­mak­ing of the Cairngorms Loc­al Devel­op­ment Plan 2021.

  2. There shall be no ground rais­ing or devel­op­ment in areas iden­ti­fied as being at risk of flood­ing dur­ing a 1:200 year plus cli­mate change flood event as shown on the approved site plan. a) Reas­on: To ensure no loss of flood plain capa­city or con­vey­ance in accord­ance with Policy 22: Flood Risk and water man­age­ment of the Nation­al Plan­ning Frame­work and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

  3. The devel­op­ment hereby approved shall be con­struc­ted in accord­ance with the approved site sec­tions and plans. a) Reas­on: To ensure that the risk of flood­ing is min­im­ised in accord­ance with Policy 22 Flood Risk and Water Man­age­ment of the Nation­al Plan­ning Frame­work, and Policy 3: Design and Place­mak­ing and Policy 10 Resources of the Cairngorms Loc­al Devel­op­ment Plan 2021.

Cairngorms Nation­al Park Author­ity Ugh­dar­ras Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

Page 17 of 17

  1. The devel­op­ment hereby approved shall not be occu­pied until the site access is formed in accord­ance with the approved plans and the fol­low­ing require­ments: a) Max­im­um gradi­ent of the first 5 metres of the new access road shall not exceed 1 in 20. b) The first 5 metres of the access (as meas­ured from the edge of the road or back of the foot­way) shall be fully paved. c) Vis­ib­il­ity splays meas­ur­ing 2.4 metres by 160 metres to be formed on either side of the junc­tion of the vehicu­lar access onto the pub­lic road with these splays to be kept free of all per­man­ent obstruc­tions above adja­cent car­riage­way level through­out the life­time of the devel­op­ment hereby approved. d) The junc­tion that the pro­posed vehicu­lar access forms with the pub­lic road to be ker­bed to radii of 10.0m, the min­im­um width at the throat of the bell mouth so formed to be 7.3m. The area with­in the bell mouth and for a min­im­um dis­tance of 5.0m from the pub­lic road car­riage­way, to be con­struc­ted in accord­ance with Aber­deen­shire Council’s Spe­cific­a­tion appro­pri­ate to the type of traffic which will use the access and sur­faced with dense bitu­men mac­adam or asphalt. e) Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced in accord­ance with Policy 13: Sus­tain­able Trans­port of the Nation­al Plan­ning Frame­work and Policy 3: Design and Place­mak­ing of the Cairngorms Loc­al Devel­op­ment Plan 2021.

  2. The devel­op­ment hereby approved shall not be brought into use until it is con­nec­ted to a pub­lic water sup­ply. a) Reas­on: As the devel­op­ment has been assessed on the basis of con­nec­tion to a pub­lic water sup­ply with no private sup­ply assessed and in accord­ance with. Policy 22 Flood Risk and Water Man­age­ment of the Nation­al Plan­ning Frame­work, and Policy 3: Design and Place­mak­ing and Policy 10 Resources of the Cairngorms Loc­al Devel­op­ment Plan 2021.

  3. The staff accom­mod­a­tion hereby approved shall be retained as staff accom­mod­a­tion related to the oper­a­tion of the devel­op­ment hereby approved. a) Reas­on: As the applic­a­tion has not been assessed in rela­tion to res­id­en­tial use and any impacts of such a use, and in accord­ance with Policy 17: Rur­al Homes of Nation­al Plan­ning Frame­work and Policy 1: New Hous­ing Devel­op­ment of the Cairngorms Loc­al Devel­op­ment Plan.

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