Item 8: River Tromie Committee Report 20250104DET
Cairngorms National Park Authority Ughdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh
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Committee report
Development proposed: Realignment of 400m of River Tromie at Land 670M NW Of Dell of Killiehuntly Farmhouse Kingussie
Reference: 2025/0104/DET
Applicant: RSPB Scotland
Date called-in: 12 May 2025
Recommendation: Approve subject to conditions
Case officer: Katherine Donnachie, Planning Officer
Cairngorms National Park Authority Ughdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh
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(Image of a map)
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 proposed site is located at the lower reaches of the River Tromie to the southeast of Kingussie. It involves a stretch of this river from north of Invertromie Steadings to the confluence point with the River Spey. On the east bank of the river is the riparian riverbank with farmland at Dell of Killiehuntly beyond. To the west of the river is Insh Marshes which comprises highly designated wetland habitat. The application site is located within this area.
Insch Marshes is owned by RSPB Scotland and is designated as a National Nature Reserve (NNR), Site of Special Scientific Interest (SSSI), River Spey-Insh Marshes RAMSAR site, Special Area of Conservation (SAC), and Special Protection Area (SPA). These national and international designations include a range of interests including: hen harrier, osprey, spotted crake, whooper swan, wigeon and wood sandpiper; floodplain mires; alder woodland; clear water lakes / lochs; breeding and overwintering bird assemblages; invertebrate assemblages; and plant species / assemblages. The River Tromie is also a tributary of the River Spey and is part of the River Spey SAC designated for its Atlantic salmon, otter, freshwater pearl mussel and sea lamprey interests.
This lower part of the river is characterised by a rather straight channel with embankments enclosing the river, as a result of historical alterations to the river course.
There are no listed buildings of archaeological or historic interest in the immediate vicinity. There are a number of sites recorded in the Historic Environment Records in the wider area.
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:
Cairngorms National Park Authority Ughdarras Pàirc Nàiseanta a’ Mhonaidh Ruaidh
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Title | Drawing number | Date on plan* | Date received |
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Plan — site map of southern section | 26/03/25 | 08/05/25 | |
Plan — site map of northern section | 26/03/25 | 08/05/25 | |
Plan — site plan with labels | 02/06/25 | ||
Plan — cross and long sections | 02/06/25 | ||
Plan — long sections | 08/05/25 | ||
Plan — Overview map of details and sections sheets 1 – 10 | DR-2024 – 0274 | 18/02/24 | 08/05/25 |
Plan — photographs and aerial images | 08/05/25 | ||
Plan — plan of tree cutting | 08/04/25 | 08/05/25 | |
Plan — Archaeological Points of interest map | 06/04/25 | 08/05/25 | |
Plan — Aerial imagery of River Tromie fish habitat plans 1 – 6 | 673614-GIS037 | 24/02/25 | 08/05/25 |
Plan – location plan | 26/03/25 | 08/05/25 | |
Other — Summary of project site and proposal | 01/01/25 | 08/05/25 | |
Other — Protected species survey | Alba Ecology | 01/11/24 | 08/05/25 |
Other — Fish and Geomorphology Survey River and Flood Plain Restoration Monitoring report | 673614 | 01/02/25 | 08/05/25 |
Other — Flood Risk Assessment | 20/03/25 | 08/05/25 | |
Other — Method Statement | 20/03/25 | 08/05/25 | |
Other — RSPB Ecology report on effect of realignment on invertebrate communities | 01/04/25 | 08/05/25 |
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Title | Drawing number | Date on plan* | Date received |
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Other — Technical report on project design ‑Tromie optioneering and final design report | 20/03/25 | 08/05/25 |
*Where no specific day of month has been provided on the plan, the system defaults to the first of the month.
This application seeks full planning permission to realign 400 metres of the lower reaches of the River Tromie to create a more meandering river bed with a series of riffles, inset berms (a lowering of the bank edge), point bars and pools constructed in the new channel to create variety in the river bed and encourage diversity of habitats and improve water flow, so imitating natural river flows. Material from the original river channel will be used for the works. These works will result in moving the river further west away from the adjacent agricultural land at Dell of Killiehuntly. The new channel will cross wetland westwards to then link into an existing drainage channel which flows into the Spey. This will then be the main confluence into the River Spey around 67 metres to the west of the existing one. Plans of the proposed development are attached as Appendix 1.
Access will be taken across existing fields south of Invertromie Steading which is served by an existing track off the B970 public road from Kingussie to Aviemore running along the south side of the Spey. No constructed accesses are to be formed. It is understood that material as required will be taken across the river using existing ford positions with a storage area at Dell of Killiehuntly. Two existing borrow pit locations have been identified, one within an old agricultural quarry at Dell of Killiehuntly on the other (east) side of the River Tromie and one further downstream also on the other side of the river which comprises old river dredging materials. There will be some limited pruning of tree branches to facilitate these crossings. Embankments along the Invertromie drain will be removed to improve connectivity between the new channel and the floodplain. The old channel will become largely redundant as the new channel becomes established. The new channel will vary slightly in width and depth, but it is proposed that on average it will be 0.5m deep and 6 – 7m wide and is designed to encourage overtopping onto the marshes
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The applicant’s supporting material explains that although the marshes are often cited as one of the least modified floodplain mires in NW Europe, the floodplain and rivers are far from natural due to historic human intervention with modifications (flood embankments, bank protection, drainage, straightening of natural water courses) made in the past to drain them. The proposal involves realigning the lower stretch back onto an alluvial fan to create a more sustainable system which will reduce the risk of avulsion (abandonment of channel). This configuration will be more like the historic river channel, with historical maps showing a more winding nature of river. The submission explains that the embankments introduced in previous years have reduced river and floodplain connectivity and that the proposed works will reduce flood risk to neighbouring land and help buffer increases in river flow so making the area more climate resilient.
The proposals have been the subject of consultation with key stakeholders including NatureScot, SEPA, the Spey Fishery Board, Spey Catchment Initiative and the Park Authority. Neighbours and the local community were informed about the planned works, and an open day with details of the proposal was held in February 2025, attended by 35 local residents.
The proposed development is being delivered as part of the Cairngorms Connect Floodplains and River Restoration programme and a range of supporting documents have been submitted including:
Method Statement which provides detail on proposed working methods for the key components of the development in order to minimise environmental impacts.
Flood Risk Assessment which demonstrates that there will be no significant change as a result of the realignment.
Ecological studies including protected species survey covering wildcat, otter, badger, water vole, pine marten and freshwater pearl mussel with no evidence of the target species found at the time of the survey. A repeat survey is to be undertaken in Summer 2025. An assessment of the likely impact of the proposals on the exposed riverine sediment (important habitat for a range of invertebrates)
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has also been provided. This work concludes that bird and invertebrate communities are likely to be unaffected, or enhanced, as a result of the proposals, with an increase in the designated transition mire habitats likely to benefit breeding waders. It also explains that the undersized channel will encourage more frequent overtopping of water onto the ground adjacent to the new channel, which will lead to the increased deposition of sands and gravels on the alluvial fan which will provide new habitat for associated specialist invertebrate species such as Northern silver stiletto fly and five-spot ladybird.
River and Floodplain Restoration 2025 Monitoring Report which includes targeted river condition monitoring of the lower reaches of the Spey tributaries to assess changes in morphology and fish habitats, with the Tromie being part of this monitoring.
Tromie Optioneering and Final Design Report which considers the dynamics of the river system and interventions, with extensive modelling undertaken looking at management on both sides of the existing channel. It explains that the design and modelling for this project has been focussed on ensuring fish passage for Atlantic salmon.
In terms of the actual construction, the supporting information explains that work would start after 1 August following the bird breeding season, with any in channel works to be completed by 30 September, ahead of the fish spawning season. The majority of works to form the channel and features will be carried out offline to minimise the mobilisation of silt, with silt management measures put in place on the channels to catch any material that is mobilised. Suitable sediment from the existing river channel and new channel excavation are proposed to be used to form the fish habitat features in the new channel. Any additional sediment required to complete these features would be won from borrow pits at the quarry and on the east bank. Excess material excavated from the new channel will be transported by low ground pressure machinery to be spread on the reserve above the 200-year flood zone.
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History
- There is no specific relevant planning history on the site. There is an application currently pending with The Highland Council to the southwest of the application site as follows – 25/02130/FUL: Excavation of three scrapes (0.54Ha) to provide spring feeding habitat for breeding waders and related works at Land 570M northwest of Invertromie Farmhouse Kingussie.
Habitat Regulations Appraisal
A Habitats Regulations Appraisal (HRA) has been undertaken to consider the potential effects of the development upon the conservation objectives of European sites. The HRA document is attached as Appendix 2. The European sites in this case are: Insh Marshes SAC designated for its alder woodland on floodplain, clear water lakes or loch with aquatic vegetation and poor to moderate nutrient levels, and very wet mires often identified by an unstable, “quaking” surface; River Spey- Insh Marshes SPA designated for its hen harrier, osprey, spotted crake, whooper swan, wigeon and wood sandpiper interests; and the River Spey SAC designated for its Atlantic salmon, freshwater pearl mussels (FWPM), sea lamprey and otter interests. In addition, the Scottish Government recently issued guidance to make it clear that that RAMSAR sites should be treated as European sites for the purposes of the HRA process. In this case Insh Marshes is a RAMSAR site of international importance designated for its flood plain mire, mesotrophic loch, alder woodland with willow, vascular plant assemblage, invertebrate assemblage, otter, osprey, spotted crake, wood sandpiper, wigeon, and whooper swan interests. Accordingly, the impacts on this RAMSAR site have been considered in the HRA process.
The HRA considers that there are likely significant effects upon the interests of the River Spey SAC in terms of short term effects on otter from construction activity, although long term impacts through improved naturalisation of the riverbanks and wetland improvements could provide increased habitat for otter and their prey, and short term effects on fresh water pearl mussel from release of fine sediments, potential pollution and biosecurity during construction, although post construction effects could arise from expansion of suitable habitat for the mussels. Similar effects are predicted for sea lamprey. In terms of Atlantic salmon, there may be short term effects at construction stage from disturbance of habitats through release of sediment, fuel spills and disturbance during spawning periods. Again,
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there could be post construction impacts from improved natural dynamics of the River Tromie and improved habitats.
Likely significant effects are also identified for the River Spey — Insh Marshes SPA in terms of short-term effects of disturbance to the birds arising during construction activities. Potential for long term positive effects for some species is identified in terms of wetland enhancement and improvements to habitat diversity and positive impacts on prey species.
For the Insh Marshes SAC no likely significant effects are identified in terms of effects on the alder woodland or clear water lakes as these features will not be impacted. Likely significant impacts are identified for the very wet mires as there will be a short-term loss of some of this habitat where the realigned Tromie meets the Invertromie Burn. However, the modelling indicates that there will be a long term significant increase in the extent of these habitats as a result of the realignment. In terms of impacts upon birds, there may be short term effects of disturbance to the birds arising during construction activities. Again, the potential for long term positive effects for some species is identified in terms of wetland enhancement and improvements to habitat diversity and positive impacts on prey species.
Likely significant effects are also identified for the River Spey — Insh Marshes RAMSAR site in terms of loss of transition mire habitat where the proposed realigned River Tromie channel meets the Invertromie Burn before emptying into the Spey. However, modelling indicates that there will be a long term significant increase in the extent of this habitat as a result of the realignment works. Short term effects of disturbance to the various bird species, otter and the invertebrate assemblage are identified during construction activities with potential for long term positive effects for some of the species identified in terms of wetland enhancement and improvements to habitat diversity and positive impacts on prey species.
The HRA has concluded that these likely significant effects can be satisfactorily addressed by suitable mitigation. This mitigation includes: pre construction protected species surveys, with species protection plans produced identifying appropriate mitigation measures if there is evidence of protected species; timing of
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works to avoid Atlantic salmon spawning season and bird breeding season; monitoring of sediment erosion deposition post construction with mitigation to be identified if restricted fish passage is identified; monitoring of hen harrier roost during construction and if active use is identified then working hours adjusted; and submission of construction method statement / construction management plan.
- On this basis, it is concluded that the conservation objectives of the designated sites will be met and there will not be an adverse effect on site integrity of the designated sites. Nature Scot have confirmed agreement with these conclusions.
Development plan context
Policies
National policy | National Planning Framework 4 (NPF4) Scotland 2045 (Policies relevant to the assessment of this application are marked with a cross (x)) |
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Policy 1 | Tackling the climate and nature crises X |
Policy 2 | Climate mitigation and adaptation X |
Policy 3 | Biodiversity X |
Policy 4 | Natural places X |
Policy 5 | Soils X |
Policy 6 | Forestry, woodland and trees X |
Policy 7 | Historic assets and places X |
Policy 8 | Green belts |
Policy 9 | Brownfield, vacant and derelict land, and empty buildings |
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 |
Policy 17 | Rural homes |
Policy 18 | Infrastructure first X |
Policy 19 | Heating and cooling |
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National policy | National Planning Framework 4 (NPF4) Scotland 2045 (Policies relevant to the assessment of this application are marked with a cross (x)) |
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Policy 20 | Blue and green infrastructure X |
Policy 21 | Play, recreation and sport |
Policy 22 | Flood risk and water management X |
Policy 23 | Health and safety |
Policy 24 | Digital infrastructure |
Policy 25 | Community wealth building |
Policy 26 | Business and industry |
Policy 27 | City, town, local and commercial centres |
Policy 28 | Retail |
Policy 29 | Rural development |
Policy 30 | Tourism |
Policy 31 | Culture and creativity |
Policy 32 | Aquaculture |
Policy 33 | Minerals |
Strategic policy | Cairngorms National Park Partnership Plan 2022 – 2027 |
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Local plan policy | Cairngorms National Park Local Development Plan (2021) (Policies relevant to the assessment of this application are marked with a cross (x)) |
Policy 1 | New housing development |
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 X |
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
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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:
Planning guidance
- Supplementary guidance also supports the LDP 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 |
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 X |
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:
SEPA has no objections.
Scottish Water has no objections, noting that no new connections will be permitted to public infrastructure.
Spey Fishery Board was consulted and at time of writing no response has been received.
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Nature Scot was consulted as the development lies within an SSSI. They confirmed that there are natural heritage interests of international importance, but they consider these will not be adversely affected by the proposals. They consider that the proposals will have a likely significant effect on the River Spey SAC, Insh Marshes SAC and River Spey-Insh Marshes Ramsar site and note that the CNPA has carried out an appropriate assessment. Nature Scot have concluded that the proposals will not adversely affect the integrity of the sites and that their appraisal took into account the following factors: avoiding disturbance to hen harrier roost or breeding birds; avoiding disturbance to breeding Atlantic salmon; maintaining access for Atlantic salmon moving up and down stream and in-river works using clean and well maintained machinery; and avoiding disturbance to breeding Atlantic salmon.
Nature Scot has also confirmed that the Habitat Regulations Appraisal undertaken by the Park Authority is very comprehensive and they have no comments on it.
The Highland Council Flood Risk Management Team has no objection in relation to flood risk. They note that the proposal is for restoration of an existing reach of the River Tromie to provide a more naturalised channel and help reconnect the flood plain. They are generally supportive of this type of work, noting that the works themselves are water compatible and will by their nature be located in an area which is at risk of flooding. They further note that the applicant’s Flood Risk Assessment and associated documents assess the pass forward flow at the downstream end of the site, comparing the pre and post restoration peak flows, along with the flood extents within the Spey / Tromie floodplain. This work has been carried out for a range of return periods including the 1 in 200 year plus climate change event. Based on this information, the Team are content that the works will not impact on flood risk to others.
The Highland Council Historic Environment (Archaeology) Team is pleased to see the inclusion of archaeological considerations and are happy with the summary and assessment. They advise that should anything of archaeological potential be found during the works, particularly of organic nature given the waterlogged
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conditions, then work should be halted whilst these are reported to the Team and any necessary mitigation works agreed.
Cairngorms National Park Authority Outdoor Access Team noted that the River Spey is designated as a core path and has a Right of Navigation, with the stretch of river between Kingussie and Loch Insh regularly used for recreation by kayaks, canoes and paddleboarders. The Team initially commented that the works to realign the end of the river Tromie would result in a different confluence point with the river Spey and so presumably create a different flow of water in the Spey at this point. They highlighted that were was no information provided as to whether the works were anticipated to cause any potential impacts on the water flow or conditions in the Spey, which may create challenges for recreational users or impact on the ability of paddlers to navigate the river Spey.
In response, the applicant has advised that here should be no change overall to the water flow into the Spey as a result of the realignment. They note that the proposed works may potentially slow water flow into the Spey due to the meandering nature of the realignment and that that there will be no overall change either to the flow from the Tromie or to in river conditions at the confluence of the two rivers. The applicant also noted that modelling shows a very similar rate of flow in the new channel compared to the existing channel and by reconnecting the Tromie with its flood plain this will reduce flashiness in peak flows. Finally, they advised that they discussed the proposals with Loch Insh Watersports and no concerns were raised.
The Outdoor Access Team has confirmed that this response adequately addresses their concerns.
Cairngorms National Park Authority Landscape Officer has no comments in respect of landscape and visual matters. The officer notes that whilst some removal of vegetation may be necessary during the construction phase, in the longer term the proposal will create a more natural river alignment which will have beneficial effects on landscape character.
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Cairngorms National Park Authority Ecology Officer has considered the impacts on protected species, trees, habitats and species, and nationally protected areas, concluding that any impacts can be mitigated by suitable planning conditions. These include: provision of a Construction Method Statement / Construction Management Plan to include site-specific pollution prevention measures, sediment management plan and biosecurity measures in order to protect the river environment and the interests of the River Spey SAC; updated protected species survey prior to works commencing with any mitigation required identified; timing of works to avoid Atlantic salmon spawning season; timing of works to avoid bird breeding season or if not possible then pre start walkover required along with submission of any bird protection plans required; and monitoring of hen harrier roosts.
The officer has highlighted that opportunities for biodiversity enhancement have been included. The proposed development will allow more natural geomorphological processes to take place and improve connections between the channel and its floodplain. The proposal includes features designed to enhance habitat diversity within the river channel which should increase the extent and quality of habitat suitable for Atlantic salmon, sea lamprey, otter and fresh water pearl mussel which are the qualifying Interests of the River Spey SAC / SSSI. The works will also deliver improvements to the floodplain habitats surrounding the new river channel, including expansion of transition mire habitat (a qualifying feature of Insh Marshes SAC), that should benefit many wetland species such as spotted crake and otter.
Kincraig Community Council was consulted and at time of writing no response has been received.
Representations
- The application was advertised in the local press, and no representations have been received.
Appraisal
- Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the Development Plan. This comprises the Cairngorms National
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Park Local Development Plan 2021 (LDP) and National Planning Framework 4 (NPF4). Where there is conflict between policies, NPF4 policies take precedence.
- The main planning considerations in this case are the principle of development, landscape, environmental and biodiversity impacts, flood risk, transport and outdoor access, amenity, and cultural heritage. These are considered in detail below.
Principle — sustainability and climate change
NPF4 Policy 1: Tackling the climate and nature crises seeks to ensure that significant weight is given to the global climate and nature crises when considering all development proposals, whilst NPF4 Policy 2: Climate mitigation and adaptation seeks to encourage development that adapts to the current and future impacts of climate change. NPF4 Policy 3: Biodiversity states that development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions where possible. NPF4 Policy 4: Natural places seeks to protect, restore and enhance natural assets making best use of nature-based solutions, whilst NPF4 Policy 20: Blue and green infrastructure seeks to protect and enhance blue infrastructure and its networks.
Similarly, LDP Policy 3: Design and Placemaking also requires new development to minimise the effects on climate change in terms of siting and construction and to make sustainable use of resources. LDP Policy 10: Resources also seeks to ensure that development does not result in deterioration of water resources and avoids unacceptable detrimental impacts on the water environment, seeking to improve it where possible.
The purpose of the proposed development is to restore natural river processes, better connect the river to its floodplain, and improve the quality of habitats in the river and on the floodplain. It will also protect neighbouring agricultural land at Dell of Killiehuntly from flooding, directing water to the Insh Marshes nature reserve and wetlands which should improve climate change resilience. As a result, the principle
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of the proposed development is considered to wholly support the objectives of NPF4 and LDP planning policies.
Landscape impacts
NPF4 Policy 4: Natural places sets out that development proposals which affect a National Park will only be supported where the objectives of designation and the overall integrity of the area will not be compromised and any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social, environmental or economic benefits of national importance. LDP Policy 5: Landscape sets out similar objectives with a presumption against any development that does not conserve or enhance the landscape character or special landscape qualities of the National Park. NPF4 Policy 14: Design, quality and place also 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. Similarly, 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.
The proposed alterations to the course of the river will result in a more natural river feature in keeping with the surrounding area with no loss of landscape features, as only minimal trimming of trees will be required. It is therefore considered that the proposal will conserve and enhance the landscape character and special landscape qualities of the National Park and is consistent with all the qualities of a successful place. As such, the proposal is considered to comply with relevant NPF4 and LDP planning policies.
Environmental and biodiversity impacts
- NPF4 Policy 3: Biodiversity requires that development proposals contribute to the enhancement of biodiversity including, where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. They should also integrate nature-based solutions where possible. NPF4 Policy 4: Natural places does not support development which will have an unacceptable impact on the natural environment, or which will have a significant effect on European Site designations. NPF4 Policy 20: Blue and green infrastructure sets out that development which results in fragmentation or net loss
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of existing blue and green infrastructure will only be supported where it is demonstrated that the proposal would not result in or exacerbate a deficit of blue or green infrastructure provision, and the overall integrity of the network will be maintained. Developments which incorporate or enhance blue and / or green infrastructure will be supported, with effective management plans required.
- Similarly,