Item 8 - Appendix 1 Decision Notice

Agenda Item 8

Appendix 1

2025/0075/DET CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 8 Appendix 1 13/06/2025 Decision Notice – 07/414/CP

CAIRNGORMS NATION­AL PARK AUTHORITY

DECISION NOTICE

Applic­a­tion Ref­er­ence: 07/414/CP Type of Applic­a­tion: Loc­al Application

TOWN AND COUN­TRY PLAN­NING (SCOT­LAND) ACT, 1997, AS AMENDED BY THE PLAN­NING ETC (SCOT­LAND) ACT 2006. TOWN AND COUN­TRY PLAN­NING (DEVEL­OP­MENT MAN­AGE­MENT PRO­CED­URE) (SCOT­LAND) REG­U­LA­TIONS 2008.

The Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003

Nation­al Parks (Scot­land) Act 2000

APPLIC­ANT: Alex­an­der D Grant The Cara­van Lot 5 Dru­muil­lie Boat of Garten PH24 3BX

CNPA in exer­cise of its powers under the above men­tioned Act and Regulations

grants con­di­tioned plan­ning per­mis­sion for:

Erec­tion of Dwell­ing (Out­line) at; Land 100m North­w­est of Birch Cot­tage, Dru­muil­lie, Boat of Garten

and in accord­ance with the par­tic­u­lars con­tained in the accom­pa­ny­ing applic­a­tion form and the fol­low­ing plans/​drawings:

• Site Loc­a­tion Plan, Plan 1 of 1, Scale 1:2500, Dated 19/09/2007

Sub­ject to com­pli­ance with the fol­low­ing condition(s):

1. A form­al plan­ning applic­a­tion for approv­al of mat­ters spe­cified in con­di­tions and detailed plans indic­at­ing all mat­ters relat­ing to the sit­ing, design and extern­al appear­ance of all build­ings, means of access thereto, means of enclos­ure and land­scap­ing pro­pos­als shall be sub­mit­ted for the pri­or approv­al of the Plan­ning Author­ity with­in 3 years of the date of this con­sent and the devel­op­ment must be com­menced with­in 5 years of the date of this per­mis­sion or with­in 2 years from the date of final approv­al of mat­ters spe­cified in conditions.

Albert Memori­al Hall, Sta­tion Square, Bal­later, Aber­deen­shire AB35 5QB Tel: 013397 53601 Fax: 013397 55334

Reas­on: To com­ply with Sec­tion 59 of the Town and Coun­try Plan­ning (Scot­land) Act, 1997.

1. The vis­ib­il­ity splays shall be provided and main­tained on each side of the new access to the sat­is­fac­tion of the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity, in con­junc­tion with Trans­port Scot­land as the Trunk Roads Author­ity. These splays are the tri­angles of ground bounded on Reas­on: 3. Reas­on: 4. 2 sides by the first 2.4 metres of the centreline of the access drive­way (the set back dimen­sion) and the nearside trunk road car­riage­way meas­ured 195 metres (the y dimen­sion) in a north­erly dir­ec­tion and 215 metres in a south­erly dir­ec­tion from the inter­sec­tion of the access with the trunk road. In a ver­tic­al plane, noth­ing shall obscure vis­ib­il­ity meas­ured from a driver’s eye height of between 1.05 metres and 2.00 metres posi­tioned at the set back dimen­sion to an object height of between 0.26 metres and 1.05 metres any­where along the y dimen­sion. In the interests of high­way safety. Park­ing and man­oeuv­ring space for at least 2 no. cars shall be provided with­in the cur­til­age of the prop­erty such that vehicles may enter and leave the site inde­pend­ently in for­ward gear. In the interests of high­way safety. The pro­posed dwell­ing house shall be designed in accord­ance with the tra­di­tion­al ver­nacu­lar archi­tec­ture of the area and shall be a max­im­um of 1½ storeys and shall be of tra­di­tion­al design, and incor­por­at­ing the use of extern­al mater­i­als that visu­ally com­pli­ment exist­ing prop­er­ties in the vicin­ity as well as tak­ing account of the rur­al setting.

Reas­on: To ensure that the house is of an appro­pri­ate char­ac­ter and appear­ance for the area. 5. An applic­a­tion for approv­al of mat­ters spe­cified in con­di­tions shall include a plan show­ing details of :- (a) the pro­posed sewage disposal/​drainage facil­it­ies; (b) any pro­vi­sion for waste/​surface water dis­pos­al; and © all ground and fin­ished floor levels of the pro­posed dwell­ing­house togeth­er with the exist­ing site levels;

Reas­on: To ensure the site can be adequately drained in the interests of pub­lic health and to pre­vent pollution.

1. An applic­a­tion for approv­al of mat­ters spe­cified in con­di­tions shall include a Sus­tain­ab­il­ity State­ment which shall demon­strate the range of meas­ures which are to be imple­men­ted to improve the sus­tain­ab­il­ity of the devel­op­ment. All agreed meas­ures shall be imple­men­ted in full thereafter.

Reas­on: To achieve improved energy effi­ciency and sus­tain­ab­il­ity. 7. No water shall dis­charge onto the pub­lic road.

Reas­on: To ensure that the exist­ing pub­lic road drain­age is not adversely affected. 8. An applic­a­tion for approv­al of mat­ters spe­cified in con­di­tions shall include a detailed land­scap­ing plan. The plan shall include details of the sit­ing, num­bers, spe­cies and heights (at the time of plant­ing) of all trees, shrubs and hedges to be planted, and shall ensure the com­ple­tion of the scheme dur­ing the plant­ing sea­son next fol­low­ing the com­ple­tion of the development.

Reas­on: To ensure the imple­ment­a­tion of a sat­is­fact­ory and appro­pri­ate scheme of land­scap­ing which will in due course enhance the envir­on­ment­al qual­ity of the devel­op­ment and assist in min­im­ising the visu­al impact of the dwell­ing house.

Vari­ations: None

Sec­tion 75 Oblig­a­tion: An oblig­a­tion in terms of Sec­tion 75 of the 1997 Plan­ning Act relates to this devel­op­ment. The terms of the Sec­tion 75 are as follows:

The occu­pancy of the new dwell­ing house is restric­ted to the applic­ants or any per­son employed (or last employed) in agri­cul­tur­al activ­ity on the 4.24 ha. land­hold­ing on which it is pro­posed and the restric­tion of the sale of the pro­posed dwell­ing house sep­ar­ate from the landholding.

The full Sec­tion 75 Oblig­a­tion can be inspec­ted at the loc­al plan­ning office.

Reason(s) for approv­al I. The pro­pos­al is con­sidered to accord with the aims of the Cairngorms Nation­al Park.

1. The pro­pos­al com­plies with the rel­ev­ant pro­vi­sions of the devel­op­ment plan and there are no mater­i­al con­sid­er­a­tions that indic­ate otherwise.

Dated: 14^th Octo­ber 2010

Don McK­ee — Head of Devel­op­ment Management

For details of how to appeal to Scot­tish Min­is­ters regard­ing any aspect of this Decision Notice please see the attached notes.

THIS IS A LEG­AL DOC­U­MENT — PLEASE RETAIN WITH YOUR TITLE DEEDS

TOWN AND COUN­TRY PLAN­NING (SCOT­LAND) ACT, 1997, AS AMENDED BY THE PLAN­NING ETC (SCOT­LAND) ACT 2006. TOWN AND COUN­TRY PLAN­NING (DEVEL­OP­MENT MAN­AGE­MENT PRO­CED­URE) (SCOT­LAND) REG­U­LA­TIONS 2008. 1. 2. If the applic­ant is aggrieved by the decision of the plan­ning author­ity to refuse per­mis­sion in respect of the pro­posed devel­op­ment, or to grant per­mis­sion or approv­al sub­ject to con­di­tions, he may appeal to Scot­tish Min­is­ters under Sec­tion 47 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 with­in three months of the date of this notice. The appeal should be addressed to the Chief Report­er, Dir­ect­or­ate for Plan­ning and Envir­on­ment­al Appeals, 4 The Court­yard, Cal­l­en­dar Busi­ness Park, Falkirk FKI IXR. If per­mis­sion to devel­op land is refused or gran­ted sub­ject to con­di­tions, wheth­er by the plan­ning author­ity or by Scot­tish Min­is­ters, and the own­er of the land claims that the land has become incap­able of reas­on­ably bene­fi­cial use in its exist­ing state and can­not be rendered cap­able of reas­on­ably bene­fi­cial use by car­ry­ing out any devel­op­ment which has been or would be per­mit­ted, he may serve on the plan­ning author­ity a pur­chase notice requir­ing the pur­chase of his interest in the land in accord­ance with Part 5 of the Town and Coun­try Plan­ning (Scot­land) Act 1997.

NOTES It should be under­stood that this per­mis­sion does not carry with it any neces­sary con­sent from the Build­ings Author­ity or Scot­tish Envir­on­ment Pro­tec­tion Agency, or approv­al to the pro­posed devel­op­ment under oth­er stat­utory enactments.

It should be under­stood that this per­mis­sion does not imply that there are no phys­ic­al restric­tions upon devel­op­ment, such as over­head or under­ground ser­vices, diver­sion or pro­tec­tion of which will be the developer’s respons­ib­il­ity, with the pri­or con­sent of the appro­pri­ate sup­ply author­ity; that the mains water, drain­age or oth­er pub­lic ser­vices are, or will be avail­able: or that fin­an­cial assist­ance from pub­lic funds is avail­able towards the cost of pro­vi­sion of ser­vices or any aspect of the development.

Enquir­ies should be dir­ec­ted to the appro­pri­ate sup­ply authorities.