Item 8 - Appendix 2 S75 Agreement

Agenda Item 8

Appendix 2

2025/0075/DET CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 8 Appendix 2 13/06/2025

Sec­tion 75 leg­al agreement

MINUTE OF AGREE­MENT between CAIRNGORMS NATION­AL PARK AUTHOR­ITY, estab­lished by and act­ing under the Nation­al Parks (Scot­land) Act 2000 and the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 as Plan­ning Author­ity in terms of Art­icle 7(3) of the 2003 Order and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 and hav­ing a place of busi­ness at Albert Memori­al Hall, Sta­tion Square, Bal­later (who and whose suc­cessors are here­in­after referred to as ​“the Nation­al Park Author­ity”) and ALEX­AN­DER DON­ALD GRANT, resid­ing at The Cara­van, Dru­mul­lie, Boat of Garten, Inverness shire (“the Pro­pri­et­or”) CON­SID­ER­ING THAT: —-o0o — - (i) The Nation­al Park Author­ity has respons­ib­il­ity for determ­in­ing plan­ning applic­a­tions with­in the Nation­al Park area in terms of Art­icle 7 of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 (here­in­after referred to as ​“the Act”).

(ii) The Nation­al Park Author­ity is entitled in terms of Sec­tion 75 of the Act to enter into an Agree­ment with any per­son inter­ested in their area (in so far as the interest of that per­son enables them to bind the land) for the pur­pose of restrict­ing or reg­u­lat­ing the devel­op­ment or use of the land, either per­man­ently or dur­ing such peri­od as may be described by the Agreement.

(iii) The Pro­pri­et­or is the her­it­able pro­pri­et­or of ALL and WHOLE the sub­jects known as Lot 5 and Lot 7, Dru­mul­lie, Boat of Garten, in the Par­ish of Duthil and Rothiemurchus and County of Inverness, shown delin­eated in blue on the plan annexed and signed as rel­at­ive hereto (“the Plan”) all as more par­tic­u­larly described (IN THE FIRST PLACE) and (IN THE SECOND PLACE) and shown delin­eated in red and col­oured partly pink and partly blue and marked ​“Lot 5” and ​“Lot 7” on the plan annexed and signed as rel­at­ive to the Feu Dis­pos­i­tion by Ron­ald Ken­neth Wat­son and Oth­ers as trust­ees there­in­men­tioned in favour of Wil­li­am Sin­clair and John Sin­clair dated 12^th and 18^th Decem­ber 1980 and recor­ded in the Divi­sion of the Gen­er­al Register of Sasines

REGISTERS OF SCOT­LAND GEN­ER­AL REGISTER OF SAS­INES COUNTY OF INVERNESS YEAR 2010 YEARLY RUN­NING NUM­BER 2013 PRESEN­TED AND RECOR­DED ON 01 OCT 2010

2 applic­able to the County of Inverness on 20^th Janu­ary 1981 UNDER EXCEP­TION OF ALL and WHOLE those two areas of ground extend­ing to 2,663 square metres or thereby and 996 square metres or thereby lying respect­ively gen­er­ally to the north­w­est of the A96 pub­lic road lead­ing from Kin­veachy to Dul­nain Bridge and form­ing part of the sub­jects known as Dru­mul­lie Lot 5 and Dru­mul­lie Lot 7, Boat of Garten, in the said Par­ish and County, being the sub­jects shown col­oured pink and marked Plot No. 3 and Plot No. 5 respect­ively on the plan there­of annexed and signed as rel­at­ive to the Con­vey­ance by Elsie Fetch Sin­clair as execut­or of the late John Sin­clair in favour of The High­land Region­al Coun­cil dated 7^th and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 14^th, both Septem­ber 1993 (“the Site”)

(iv) The Pro­pri­et­or has sub­mit­ted a plan­ning applic­a­tion to The High­land Coun­cil (“the Coun­cil”), hav­ing a place of busi­ness at Glen­ur­quhart Road, Inverness for plan­ning per­mis­sion for the erec­tion of a dwell­ing house on the Site (here­in­after referred to as ​“the Dwell­ing”) and the said plan­ning applic­a­tion was called in by the Nation­al Park Author­ity (under the Nation­al Park Authority’s ref­er­ence 07/414/CP) in terms of its powers under Art­icle 7(3) of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 which makes ref­er­ence to Sec­tion 46 of the Act.

(v) The Site is registered as a croft with the Crofters Commission;

(vi) The Nation­al Park Author­ity has resolved to grant full plan­ning per­mis­sion for the Dwell­ing sub­ject to cer­tain con­di­tions and has reques­ted that cer­tain oth­er mat­ters per­tain­ing to the Dwell­ing be reg­u­lated in a writ­ten Agree­ment between the parties under the pro­vi­sions of Sec­tion 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 for the pur­poses of restrict­ing or reg­u­lat­ing the Dwell­ing or use of the Site.

(vii) The Pro­pri­et­or is to erect the Dwell­ing on that part of the Site shown out­lined in red on the Plan.

(viii) The Pro­pri­et­or has agreed to enter into such Agree­ment with the Nation­al Park Authority.

NOW THERE­FORE the Nation­al Park Author­ity and the Pro­pri­et­or DO HEREBY AGREE as fol­lows: 2

(One) 3 Pre­lim­in­ary Mat­ters On record­ing or regis­tra­tion of this Agree­ment, the Nation­al Park Author­ity shall forth­with issue to the Pro­pri­et­or the Decision Notice in respect of approv­al of the applic­a­tion. This Agree­ment (oth­er than Clause Sev­en here­of) shall not come into effect until the date the Decision Notice is imple­men­ted. The word ​“imple­men­ted” shall be taken in the con­text of this Clause to mean the car­ry­ing out of a mater­i­al oper­a­tion as defined in Sec­tion 27(4) of the Act.

(Two) Restric­tion on Occu­pancy of the Prop­erty The Pro­pri­et­or, for him­self and his suc­cessors in title, hereby under­takes that the Dwell­ing, once erec­ted, may only be occu­pied by someone engaged or last engaged in croft­ing work (mean­ing work of an agri­cul­tur­al nature as set out in Sec­tion 277(1) of the Act) on the Site, and by a depend­ant of such a per­son resid­ing with him or her. In the event that the Pro­pri­et­or ceases to be engaged in such work for any reas­on what­so­ever, the Nation­al Park Author­ity may determ­ine that some or all of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in this Agree­ment may be mod­i­fied, var­ied or discharged.

(Three) Oblig­a­tions in rela­tion to Dis­pos­al of the Prop­erty The Pro­pri­et­or, for him­self and his suc­cessors in title, under­takes that the Dwell­ing, once erec­ted on the Site, may not be disponed sep­ar­ately from the remainder of the Site.

(Four) Oblig­a­tions in rela­tion to Secur­it­ies In the event of any loan secured over the Site and any prop­erty built there­on being called up by the lender, the Pro­pri­et­or or his suc­cessor in title is under an oblig­a­tion to give writ­ten noti­fic­a­tion to the Nation­al Park Author­ity of this event.

(Five) Dis­charge In the event that the plan­ning per­mis­sion gran­ted by the Decision Notice is revoked or in any way falls pri­or to com­mence­ment of the con­struc­tion of the Dwell­ing, then these presents (oth­er than Clause Sev­en here­of) shall fall and be deemed pro non scripto and the Nation­al Park Author­ity shall forth­with grant a Dis­charge of this Agree­ment. 3

4 In the event of a change to the plan­ning or oth­er cir­cum­stances of the Site, which appears to any party to the Agree­ment or to their suc­cessors in title to render any of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in this Agree­ment no longer rel­ev­ant, the parties or their suc­cessors in title shall con­sider wheth­er the said con­di­tions, restric­tions, oblig­a­tions and oth­ers should be mod­i­fied, var­ied or discharged.

In con­sid­er­ing any such modi­fic­a­tion, vari­ation or dis­charge, both parties will be required to act reas­on­ably hav­ing regard to said changed cir­cum­stances. Any vari­ation shall be effect­ive as from the date of record­ing of the rel­ev­ant Deed of Vari­ation in the rel­at­ive Register of Sas­ines or Land Register and this Agree­ment shall be deemed to be amended with effect from such date. The Pro­pri­et­or shall reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by the Nation­al Park Author­ity in con­nec­tion with such fur­ther agreement.

(Six) Arbit­ra­tion Any dis­pute arising between the parties hereto as to the inter­pret­a­tion or applic­a­tion of this Agree­ment, or any part of it, shall be referred for the pur­pose of arbit­ra­tion to an Arbit­er to be mutu­ally agreed by the parties, and fail­ing agree­ment appoin­ted by the Sher­iff of Grampi­an High­land and Islands at Inverness, and the decision of the Arbit­er, includ­ing any award of expenses, shall be final and bind­ing on the parties, and fail­ing such award the cost of any such arbit­ra­tion shall be borne equally by the parties.

(Sev­en) Leg­al Expenses The Pro­pri­et­or agrees to reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by them in con­nec­tion with the nego­ti­ation, draft­ing, adjust­ment, con­clu­sion and regis­tra­tion of this Agreement.

(Eight) Valid­ity of Pro­vi­sions Each of the pro­vi­sions of this Agree­ment is agreed inde­pend­ently of the oth­ers and in the event that any of them are held to be or become inval­id or unen­force­able for any reas­on, then the remain­ing pro­vi­sions shall con­tin­ue in full force and effect.

(Nine) Bur­dens 4

30 5 The terms and con­di­tions of this Agree­ment are cre­ated real and prefer­able bur­dens upon and affect­ing the Site and bind­ing on the Pro­pri­et­or and their suc­cessors as pro­pri­et­ors of the Site from time to time and as such are appoin­ted to be recor­ded or oth­er­wise to be val­idly referred to in terms of law in all future con­vey­ances, Dis­pos­i­tions and oth­er deeds relat­ing to the Site.

(Ten) Restric­tion on the Dis­pos­al of the Sub­jects The Pro­pri­et­ors under­take not to con­vey the Site or any part there­of pri­or to regis­tra­tion of this Agree­ment in the Gen­er­al Register of Sasines

(Elev­en) Jur­is­dic­tion This Agree­ment shall be gov­erned and con­strued in accord­ance with the laws of Scotland.

(Twelve) Con­sent to Regis­tra­tion The parties hereto con­sent to regis­tra­tion here­of for pre­ser­va­tion and exe­cu­tion as well as for pub­lic­a­tion: IN WIT­NESS WHERE­OF these presents con­sist­ing of this and the pre­ced­ing four pages togeth­er with the plan attached are sub­scribed as follows:-

For and on behalf of the said CAIRNGORMS NATION­AL PARK AUTHOR­ITY at GRANT­OWN ON on the AUGUST SPEY day of 2010 .Author­ised Sig­nat­ory Wit­ness JANE HOPE Full Name MARSAREL SMI1.4…… Full Name 14 The Seus Address GRANT­OWN-ON-SPEY P.A Occu­pa­tion GRANT­OWN-ON — SPEY on the 16^th day of August 2010 By the said ALEX­AN­DER DON­ALD GRANT at NEIL FRASER MAS­SON Wit­ness Full Name SOLI­CIT­OR AND NOT­ARY PUBLIC.Address STRATH­SPEY. HOUSE GRANT­OWN-ON-SPEY PH26 3EQ 5 Occupation

Free Cer­tag Breanna Sith bnmuth Track Lach bau LI

AGREE­MENT BETWEEN CAIRNGORMS NATION­AL PARK AUTHOR­ITY AND THIS IS THE PLAN REFERRED TO IN THE FORE­GO­ING MINUTE OF ALEX­AN­DER DON­ALD GRANT

THE KIGH­LAND COUNL PAN 101 OF ALT­LIC­A­TIO 07/​279/​ου της 23/10/97 RECEIVED Kas­cik of Grans Repro­duced from the Ord­nance Sur­vey map­ping with the per­mis­sion of the Con­trol­ler of Her Majesty’s Sta­tion­ery Office Crown Copy­right. Unau­thor­ised repro­duc­tion infringes Crown Copy­right and may lead to pro­sec­u­tion or civil pro­ceed­ings. The High­land Coun­cil 100023369. The High­land Coun­cil Com­hairle na Gaid­healtachd SERVING THE High­land Com­munity Mr Grant Boat of Garten Scale: 1:2500 Date: 19/09/2007

01 OCT 2010 YEARLY RUN­NING No. ²⁄₄₂₂ INV 7 MINUTE OF AGREE­MENT Under s 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 between CAIRNGORMS NATION­AL PARK AUTHOR­ITY and ALEX­AN­DER DON­ALD GRANT 2010/DSS Sub­jects: Lots 5 & 7 Dru­mul­lie, Boat of Garten led­ing­ham chalmers.LP John­stone House 52 – 54 Rose Street ABER­DEEN AB10 1HA DX AB15/LP39 — ABER­DEEN FAS 5588 7 SE1533000001