Item 5: Morlich Court Committee Report 20240260DET
Cairngorms Item 5 Planning Committee National Park Authority 29 August 2025 Ughdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh Page 1 of 21
Committee report
Development proposed: Demolition of building and erection of 6no. terraced houses, 2no. semi-detached houses and a block of 6no. flats at 21 Morlich Court, Aviemore, PH22 1SL
Reference: 2024/0260/DET
Applicant: Cairn Housing Association
Date called-in: 07 October 2024
Recommendation: Approve subject to conditions
Case officer: Colin Bryans, Senior Planning Officer
Cairngorms Item 5 Planning Committee National Park Authority 29 August 2025 Ughdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh Page 2 of 21
[Map Image]
This map has been produced to aid in the statutory process of dealing with planning applications. The map is to help identify the site and its surroundings and to aid Planning Officers, Committee Members and the Public in the determination of the proposal. Maps shown in the Planning Committee Report can only be used for the purposes of the Planning Committee. Any other use risks infringing Crown Copyright and may lead to prosecution or civil proceedings. Maps produced within this Planning Committee Report can only be reproduced with the express permission of the Cairngorms National Park Authority and other Copyright holders. This permission must be granted in advance.
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Site description, proposal and history
Site description
The application site is located on the western edge of Aviemore, within the settlement boundary as defined by the Cairngorms National Park Local Development Plan 2021 (LDP). The proposal site currently consists of a mix of hardstanding, soft landscaping with mature trees, and a mixed single and two-storey U‑shaped building, consisting of self-contained residential units (currently unoccupied).
The application site sits within an established residential area, with an existing playground located to the northwest.
Proposal
The drawings and documents associated with this application are listed below and are available on the Cairngorms National Park Authority website unless noted otherwise:
| Title | Drawing number | Date on plan* | Date received |
|---|---|---|---|
| Plan – Location plan | 180132 – 001-CAM-DR-C-001 Rev A | 10/09/2024 | 26/06/2025 |
| Plan – Proposed site plan | 23005_PL(90)0 03_G | 26/06/2025 | 26/06/2025 |
| Plan – Proposed site plan landscaping | 23005_PL(90)0 05_B | 26/06/2025 | 26/06/2025 |
| Plan – Proposed site plan biodiversity landscape plan | 23005_PL(90)0 09_B | 26/06/2025 | 26/06/2025 |
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| Title | Drawing number | Date on plan* | Date received |
|---|---|---|---|
| Plan – Proposed site plan landscaping | 23005_PL(90)0 05_B | 26/06/2025 | 26/06/2025 |
| Plan – Site plan proposed levels | 23005_PL(90)0 010_A | 26/06/2025 | 26/06/2025 |
| Plan – Proposed drainage layout | 180132 – 001-CAM-DR-C-400 Rev G | 02/09/2024 | 26/06/2025 |
| Plan – Flood routing plan | 180132 – 001-CAM-DR-C-820 Rev A | 18/06/2025 | 26/06/2025 |
| Plan – Drainage construction details | 180132 – 001-CAM-DR-C-460 | 14/05/2025 | 26/06/2025 |
| Plan — Bin store | 23005_L(97)00 1_C | 22/05/2025 | 26/06/2025 |
| Plan – Type A proposed floor plans | 23005_PL(20)0 01 | 09/04/2025 | 14/04/2025 |
| Plan – Type A proposed elevations | 23005_PL(25)0 01 | n/a | 03/10/2025 |
| Plan – Type A proposed roof | 23005_PL(20)0 02 | n/a | 03/10/2025 |
| Plan – Type A proposed section | 23005_PL(26)0 01 | n/a | 14/04/2025 |
| Plan – Type B proposed elevations | 23005_PL(25)0 01 | n/a | 03/10/2025 |
| Plan – Type B proposed roof plan | 23005_PL(20)1 02 | n/a | 03/10/2025 |
| Plan – Type B proposed sections | 23005_PL(26)1 01 | 09/04/2025 | 14/04/2025 |
| Plan – Type B proposed floor plans | 23005_PL(25)1 01 | n/a | 14/04/2025 |
| Plan – Type C proposed elevations | 23005_PL(25)2 01 | 09/04/2025 | 14/04/2025 |
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| Title | Drawing number | Date on plan* | Date received |
|---|---|---|---|
| Plan – Type C proposed cross sections | 23005_PL(26)2 01 | 09/04/2025 | 14/04/2025 |
| Plan – Type C proposed floor plans | 23005_PL(20)2 01 | 09/04/2025 | 14/04/2025 |
| Plan – Type C proposed roof plan | 23005_PL(20)2 02 | 09/04/2025 | 14/04/2025 |
| Plan – Proposed site elevations | 23005_PL(90)0 04 Rev B | 09/04/2025 | 26/06/2025 |
| Other — Design and access statement | D(20)001_F Rev F | 01/08/2024 | 26/06/2025 |
| Other — Arboricultural Implications Assessment, Tree Protection Plan, Arboricultural Method Statement | n/a | n/a | 10/01/2025 |
| Other – Drainage statement | 180132 – 001-CAM-RP-C-001 | Other – Drainage statement |
*Where no specific day of month has been provided on the plan, the system defaults to the first of the month.
- The proposed development is for the demolition of the existing building and the erection of 6no. terraced houses, 2no. semi-detached houses, a block of 6no. flats and 24 parking spaces.
History
- The application site has no relevant planning history.
Habitats Regulations Appraisal
- A Habitats Regulations Appraisal [HRA] has been undertaken to consider the effects of the proposal upon the conservation objectives of the European Sites: River Spey Special Area of Conservation (SAC) and Kinveachy Forest Special Protection Area (SPA). A copy of the HRA is attached at Appendix 2.
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- For the River Spey SAC, it is concluded that a Pollution Prevention Plan should be secured by condition to ensure there would not be an adverse effect on site integrity of the River Spey arising from the construction works. For the Kinveachy Forest SPA, and its capercaillie qualifying interests, it is concluded that there will be no direct or indirect effects on the habitats, their structures or function or supporting processes, due to the location of the proposed development on a brownfield site within a settlement, remote from the Special Protection Area.
Policies
| National Planning Framework 4 (NPF4) Scotland 2045 | |
|---|---|
| National policy Policies that are relevant to this application are marked with a cross (x) | |
| Policy 1 Tackling the climate and nature crises | X |
| Policy 2 Climate mitigation and adaptation | X |
| Policy 3 Biodiversity | X |
| Policy 4 Natural places | |
| Policy 5 Soils | |
| Policy 6 Forestry, woodland and trees | |
| Policy 7 Historic assets and places | |
| Policy 8 Green belts | |
| Policy 9 Brownfield, vacant and derelict land, and empty buildings | X |
| Policy 11 Energy | |
| Policy 12 Zero waste | |
| Policy 13 Sustainable transport | |
| Policy 14 Design, quality and place | X |
| Policy 15 Local living and 20 minute neighbourhoods | |
| Policy 16 Quality homes | X |
| Policy 17 Rural homes | |
| Policy 18 Infrastructure first | |
| Policy 19 Heating and cooling | |
| Policy 20 Blue and green infrastructure | |
| Policy 21 Play, recreation and sport | |
| Policy 22 Flood risk and water management | X |
| Policy 23 Health and safety |
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| Cairngorms National Park Local Development Plan (2021) (LDP) | |
|---|---|
| Local plan policy Policies that are relevant to this application are marked with a cross (x) | |
| Policy 1 New housing development | X |
| Policy 2 Supporting economic growth | |
| Policy 3 Design and placemaking | X |
| Policy 4 Natural heritage | X |
| Policy 5 Landscape | X |
| Policy 6 The siting and design of digital communications equipment | |
| Policy 7 Renewable energy | |
| Policy 8 Open space, sport and recreation | |
| Policy 9 Cultural heritage | |
| Policy 10 Resources | X |
| Policy 11 Developer obligations |
All new development proposals require to be assessed in relation to policies contained in the adopted Development Plan which comprises National Planning Framework 4 (NPF4) and the Cairngorms National Park Local Development Plan 2021 (LDP). The full wording of policies can be found at:
https://www.gov.scot/publications/national-planning-framework‑4/documents/ and at:
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Planning guidance
- Supplementary guidance also supports the Local Development Plan and provides more details about how to comply with the policies. Guidance that is relevant to this application is marked with a cross (x).
| Policy 1 Housing supplementary guidance | X |
|---|---|
| Policy 2 Supporting economic growth non-statutory guidance | |
| Policy 3 Design and placemaking non-statutory guidance | X |
| Policy 4 Natural heritage non-statutory guidance | X |
| Policy 5 Landscape non-statutory guidance | X |
| Policy 7 Renewable energy non-statutory guidance | |
| Policy 8 Open space, sport and recreation non-statutory guidance | |
| Policy 9 Cultural heritage non-statutory guidance | |
| Policy 10 Resources non-statutory guidance | X |
| Policy 11 Developer obligations supplementary guidance |
Consultations
A summary of the main issues raised by consultees now follows:
Scottish Water raised no concerns or objections to the proposal.
Highland Council Environmental Health raised no concerns or objections to the proposal.
Highland Council Transport Planning Team raised no objections to the proposal subject to recommended conditions to address issues which the team view as outstanding. The first is that the submitted site layout plans do not show any dedicated facilities for pedestrians to beyond the bin store on the site’s eastern edge. The second is that the existing pedestrian access to Milton Park and Grampian Road from the southeastern corner of the site will not be suitable for cyclists to safely share with pedestrians. The third relates to bin storage capacity,
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and the fourth to the location of bin stances. Finally, the response raises a need for an operational plan relating to access maintenance.
Highland Council Flood Risk Management Team raised no objections to the proposal subject to the recommended condition relating to the submission of a finalised Drainage Impact Assessment.
The Highland Council Development Plans team raised no concerns or objections to the proposal and confirmed that they require no developer financial contributions.
The Highland Council Forestry team raised no concerns or objections to the proposal, subject to the recommended conditions relating to tree protection during construction.
Cairngorms National Park Authority Access Officer raised no concerns or objections to the proposal.
Cairngorms National Park Authority Ecology Officer raised no concerns or objections to the proposal, subject to the recommended conditions
Cairngorms National Park Authority Landscape Consultant Officer raised no concerns or objections to the proposal, subject to the provision of additional information. Where appropriate this information has now been provided and / or is subject to the recommended conditions.
The Aviemore and Vicinity Community Council expressed support for the development. The Community Council did raise the following points:
α) The height of the western-most proposed houses and their proximity to the existing houses on Morlich Place raised concern. b) The scale and design of the flatted development and its potential visual impacts on Milton Park residents. c) Choice of materials, in particular cladding, and the suitability for a residential setting / character.
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d) Heat pump location and noise impacts on future residents. e) Lack of snow guarding.
Representations
Four letters of representation have been received, which although supportive of the principle of development, object to the proposal on the following grounds:
a) Design and materials not appropriate to the setting. b) Scale and proximity of development to neighbouring properties will be overbearing and impact on privacy, loss of natural light and overshadowing. c) Noise impacts on neighbouring properties resulting from occupants. d) Unbalanced housing mix.
Appraisal
- Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) requires applications to be determined in accordance with the Development Plan. This comprises the Cairngorms National Park Local Development Plan 2021 (LDP), and the National Planning Framework 4 (NPF4). Where there is conflict between policies, NPF4 policies take precedence.
Principle
NPF4 Policy 1 Tackling the nature and climate crisis states that when considering all development proposals significant weight will be given to the global climate and nature crises.
NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option.
NPF4 Policy 16: Quality homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of
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people and communities across Scotland. The policy supports housing development where it is consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods.
LDP Policy 1: New housing development states that proposals for housing will be supported where they are located within an identified settlement boundary and meet the affordable housing contribution requirements.
LDP Policy 3: Design and placemaking in the supporting text, requires that supporting evidence will be required as part of the planning application to justify the need to demolish an existing property.
The application site is located within the Aviemore settlement boundary, as defined by the LDP, and is currently the site of an unoccupied residential building consisting of flats, surrounded by a mix of hardstanding and landscaping with mature trees.
The applicant submitted an Options Appraisal in support of the application, setting out the process and outcome of their options appraisal process, applying their Asset Management Strategy (2019) process for reviewing developments where there are concerns over future planned maintenance costs, structural problems, homes that are not fit for purpose, homes which pose challenges with meeting required standards, or where there are concerns about low demand and homes that have been empty long term. The Appraisal sets out two options, the first to “retain and invest” and the second to “demolish and redevelop”. It assesses them in terms of financial viability, strategic fit and non-financial viability, assigning a score to each criterion of 1 – 5, with 1 being poor and 5 being excellent.
The results of the appraisal are strongly in favour of “demolish and redevelop” with a cumulative score of 14⁄15 as opposed to “retain and invest” with a cumulative score of 5⁄15. Issues with retaining the building include the scale of investment required, the lack of funding, an inability to bring the existing building up to the required standard, and the fact that it would not be tailored to meet the identified local need. The outcomes of the applicant’s options appraisal appear sound, and the principle of demolition is therefore supported.
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The proposed development is for 100% affordable housing, delivered by registered social landlords, meeting and exceeding affordable housing policy requirements. The mix of 8no. four bed houses and 6no. one bed flats provides an appropriate mix of residential accommodation.
The principle of the proposed development located on a brown field site, within an existing settlement and within easy walking distance of amenities, is considered to be in accordance with the principle of NPF4 Policy 1, subject to detailed consideration.
The principle of demolition and residential development on the site is acceptable and, in this respect, complies withNPF4 Policy 1: Tackling the climate and nature crisis, NPF4 Policy 9: Brownfield, vacant and derelict land, NPF4 Policy 16: Quality homes, LDP Policy 1: New housing development and LDP Policy 3: design and placemaking.
Landscape, design and layout
NPF4 Policy 2 Climate mitigation and adaptation seeks to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change.
NPF4 Policy 14 Design, quality and place seeks to ensure that development proposals improve the quality of the area and are consistent with the six qualities of successful places: healthy; pleasant; connected; distinctive; sustainable; and adaptable.
LDP Policy 3: Design and Placemaking also seeks to ensure that proposals improve the quality of the area and are consistent with the six qualities of successful places. This policy also seeks to protect the amenity enjoyed by neighbours.
LDP Policy 5: Landscape presumes against development that does not conserve and enhance the landscape character and special qualities of the National Park and in particular the setting of the proposed development.
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The proposed development utilises a common palette of materials across the range of proposed buildings. These materials include dark blue facing bricks, white render, timber framed windows (RAL7016), and grey metal roof cladding and flashings. The flatted development includes grey Hardie Plank boards hung vertically.
Although the materials proposed do not mirror those of the immediate neighbouring properties, they are commonly used in residential developments across the wider area and region. The proposed material palette is functional and durable, appropriate for residential units, representing part of a wider local and regional vernacular, and will not appear incongruous within its setting.
The proposed development comprises four separate buildings. These are: two rows of terraced houses (three units each) standing two storeys with room in the roof; one semi-detached block standing two storeys with room in the roof; and one flatted block standing three storeys.
The application site is adjacent to a mix of single storey dwellinghouses on Morlich Place to the west, and two storey dwellinghouses on Morlich Court and Milton Park to the south, east and north.
The proposed development of two storey houses and three storey flats is of a scale and massing which is common in residential developments. Although the scale and massing are not an exact match to those of the adjacent dwellinghouses, the proposal is appropriate for its setting and will not appear incongruous. The scale and massing of the proposed development will also have little to no tangible impact on the landscape character or special qualities of the National Park.
The applicant has provided Sun Path and Shading Study which illustrates the impact the proposed development will have in terms of overshadowing at different points of the year when benchmarked against the impacts of the existing building on site. The proposed development will not have result in an unacceptable loss of daylight or overshadowing to any neighbouring property.
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The applicant has also submitted a Sun Path and Shading Study focused solely on the impacts of the proposed semi-detached block on the adjacent properties to the west of the application site. The proposed development will not result in an unacceptable loss of daylight or overshadowing to these neighbouring properties.
The proximity of the proposed development to the application site boundary and to adjacent properties is typical of such a setting within a defined settlement. The proposed development will not have an unacceptable detrimental impact on neighbouring privacy or amenity levels. The noise associated with residential units is appropriate for this predominantly residential area.
The proposed development design and materials is subject to the current building standards regulations and as such must meet the required standards regarding insulation and carbon emissions. The proposed design and layout also take into account current and future flood risk in adaption to climate change and increased associated risks.
The proposal is in accordance with NPF4 Policy 3 Climate mitigation and adaptation, NPF4 Policy 14 Design, quality and place and with LDP Policy 3: Design and Placemaking and Policy 5: Landscape.
Transport
LDP Policy 3: Design and placemaking requires that developments are easy to move around and beyond.
The proposed development layout retains the existing non-motorised permeability of the site and is acceptable in this regard. Upgrading the existing provision would necessitate the loss of mature trees onsite and, on balance, it is determined that maintaining the existing provision is preferable.
The applicant has demonstrated, through vehicle tracking, that site vehicular access is safe and functional and that communal bin storage provision is to be the required standard. It is recommended that an Operational Plan is prepared which will require the on-going inspection and maintenance of the access and all
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associated infrastructure. This can be secured through an appropriately worded condition.
The Highland Council Transport Planning Team recommends amendments, through the application of a condition, relating to the extension of the path from the proposed bin store to that adjacent to the existing parking court off Morlich Court. Such an amendment is not deemed necessary given that the proposed pedestrian access arrangements as proposed are safe and adequate.
The Highland Council Transport Planning Team also recommends amendments to the proposed layout relating to wheelie-bin stances, through the application of a condition. Such a condition is not deemed necessary or appropriate, however a planning informative addressing this matter is proposed.
Finally, the Highland Council Transport Planning Team raises the matter of management of tenancy agreements. The management of tenancy agreements is a matter for the housing association to manage and is not appropriate to be addressed through the application of a planning condition.
Flooding and surface water
NPF4 Policy 22: Flood risk and water management seeks to ensure that developments are resilient to current and future flood risk.
LDP Policy 10: Resources requires all development should be free from flood risk, not increase the risk of flooding elsewhere.
A consultation response from the Highland Council Flood Risk Management Team confirmed that there are no concerns regarding flood risk at the proposal site and that the proposed drainage design is suitable subject to the recommended condition requiring the submission and approval of a finalised Drainage Impact Assessment.
The proposal is therefore in accordance with NPF4 Policy 22: Flood risk and water management and LDP Policy 10: Resources.
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Environment
NPF4 Policy 3: Biodiversity seeks to ensure that development proposals protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Development proposals must include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance.
NPF4 Policy 4: Natural places seeks to ensure that development proposals protect, restore and enhance natural assets making best use of nature-based solutions. Development that has significant adverse impacts on designated sites, after mitigation, will not be supported.
LDP Policy 4: Natural heritage seeks to ensure that there are no adverse effects on European Protected Species and other biodiversity interests.
In support of the proposals the applicant has submitted a Biodiversity Statement, Biodiversity Enhancement Plan, Arboricultural Implications Assessment, Tree Protection Plan, Arboricultural Method Statement, and Bat Roost Assessment Survey.
The proposed layout increases the amount of soft landscaping above that currently provided by the site, which is dominated by hardstanding. The proposals maintain the mature trees that bound the site to the east and the south, preserving these key areas of habitat, and further enhance this by including a variety of Robin, Wren, Swift and Sparrow nest boxes, and roosting pockets, to be located on the retained mature trees.
The principle and nature of the proposed biodiversity enhancement measures are supported, however further refinement of the detail and sitting of specific elements is required to maximise the biodiversity enhancement achieved in practice. As such an appropriate planning condition is recommended requiring the submission and agreement in writing of the type and position of all Robin, Wren, Swift and Sparrow nest boxes, and roosting pockets, prior to the commencement of development.
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- The proposed development will protect, restore and enhance natural assets and will not have any material detrimental impacts on protected species. The proposal therefore complies with NPF4 Policy 3: Biodiversity, NPF4 Policy 4: Natural places and LDP Policy 4: Natural heritage.
Other issues raised in consultations and representations
The proposed heat pump locations at this stage are indicative and are subject to detailed consideration by the developer. Notwithstanding this, air source heat pumps are designed for residential development and to have acceptable noise impacts.
The inclusion of snow guarding on the proposed development will be the subject of a planning informative.
Conclusion
The proposed demolition of the existing building and erection of six terraced houses, two semi-detached houses and a block of six flats is acceptable in principle and the detail of the proposed design, layout and materials is acceptable and in keeping with the character of the area.
The proposed development is in compliance with the relevant policies of NPF4 and the LDP, and there are no material considerations which outweigh this conclusion.
Recommendation
That members of the committee support a recommendation to APPROVE the application for the demolition of building and erection of 6no. terraced houses, 2no. semi-detached houses and a block of 6no. flats at 21 Morlich Court, Aviemore, Highland, PH22 1SL, subject to the following conditions:
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Conditions
Those conditions listed below in bold text are suspensive conditions, which require to be discharged prior to implementation of the development.
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which the permission is granted.
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.
No development shall commence until samples and details of all external materials to be used in the external finish for the approved development have been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use unless the external finish has been applied in accordance with the approved details.
Reason: In the interests of the appearance of the development and the visual amenities of the area and ensure compliance with National Planning Framework 4 Policy 14: Design, quality and place and Policy 3: Design and placemaking of the Cairngorms Local Development Plan 2021.
No works in connection with the development hereby approved shall commence on site (including demolition, ground works and vegetation clearance) until a site-specific construction environmental management plan (CEMP) has been submitted to and approved in writing by the Planning Authority. The CEMP must include a site-specific Pollution Prevention Plan. All works carried out during construction shall be undertaken strictly in accordance with the approved CEMP.
Reason: In the interests of protecting the biodiversity and the environment in accordance with National Planning Framework 4 Policy 3: Biodiversity and Policy 4: Natural heritage of the Cairngorms National Park Local Development Plan 2021.
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No development shall commence on site until a detailed and finalised Drainage Impact Assessment is submitted to and approved in writing by the Planning Authority, in consultation with the Highland Council Flood Risk Management Team.
Reason: In the interests of flood risk management and to ensure compliance with NPF4 Policy 22: Flood risk and water management.
No development shall commence until a detailed Tree Planting Plan and maintenance programme has been submitted to and approved by the planning authority. The Tree Planting Plan shall be implemented in full during the first planting season following commencement of development or as otherwise agreed in writing by the planning authority.
Reason: To ensure the implementation and management of a satisfactory scheme of landscaping in accordance with NPF4 Policy 3: Biodiversity, NPF4 Policy 4: Natural places and LDP Policy 4 Natural heritage.
**No development shall commence until details