Item11AA20230243DETCairngormBikeTrackCommitteeReport

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Form­a­tion of moun­tain bike track link (includ­ing tem­por­ary con­struc­tion access) and related infra­struc­ture at Coire Cas Cairngorm Moun­tain Glen­more Aviemore

REF­ER­ENCE: 2023/0243/DET APPLIC­ANT: Cairngorm Moun­tain (Scot­land) Lim­ited DATE CALLED-IN: 5 June 2023 RECOM­MEND­A­TION: Approve sub­ject to Con­di­tions CASE OFFICER: Stephanie Wade, Plan­ning Officer

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CNPA Plan­ning Committee

Applic­a­tion Site

0 35 70 140 Meters N

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Crown copy­right and data­base rights 2023. Ord­nance Sur­vey Licence num­ber 100040965

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The applic­a­tion site is loc­ated on the north-west­ern slope of Coire Cas and to the south-east of the Cairngorm Moun­tain Ski Centre Day Lodge. It com­prises slop­ing, veget­ated land. The land forms part of the ski slope used by the ski centre and is segreg­ated in places by snow fen­cing and sub­sequently the approved moun­tain bikes tracks. The devel­op­ment site adjoins a foot­path on the north-east­ern side of the red line area. This foot­path links the Day Lodge to the Mid-Sta­tion area, fur­ther up the slope.

2. The wider ski centre is accessed by the exist­ing B970 road from Glen­more, which ter­min­ates at a large park­ing area, beside the Day Lodge and Funicu­lar Rail­way Base Sta­tion. The applic­a­tion is for an addi­tion­al track link to the per­mit­ted moun­tain bik­ing tracks under plan­ning per­mis­sion 2022/0046/DET, which was approved by Plan­ning Com­mit­tee in May 2022.

3. The applic­a­tion site lies with­in the Cairngorms Nation­al Scen­ic Area but is not covered by any oth­er spe­cif­ic envir­on­ment­al des­ig­na­tions. The Cairngorms Spe­cial Area of Con­ser­va­tion, des­ig­nated for hab­it­at interests, and the North­ern Cor­ries, Cairngorms Site of Spe­cial Sci­entif­ic Interest lies over 400 metres west of the site. The Cairngorms Wild Land Area No.15 lies over 600 metres west of the site at its closet point, circ­ling the entire ski area.

Pro­pos­al

1. The draw­ings and doc­u­ments asso­ci­ated with this applic­a­tion are lis­ted below and are avail­able on the Cairngorms Nation­al Park Author­ity web­site unless noted otherwise:

http://​www​.eplan​ningcnpa​.co​.uk/​o​n​line- applications/applicationDetails.do?activeTab=summary&keyVal=RVMA3PSI0 CP00

Title Draw­ing Date on Date Received Num­ber Plan* PLANS Plan — Loc­a­tion and Site Plan 02/06/23 Plan – Link Track Update to ENVd178 18/05/23 02/06/23 Trails Over­view 6_008A Plan- Pro­posed Link Track ENVd178 18/05/23 02/06/23 6_09A

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Plan – Cairngorm Bike Trails 006 Rev.A 16/11/21 02/06/23 Trail Sec­tion Details SUP­PORT­ING INFORM­A­TION Oth­er — Con­struc­tion Phase 1786 06/04/23 02/06/23 Meth­od State­ment ver­sion 3.0 Oth­er — Pro­posed Link Track 19/05/23 02/06/23 Pho­tos Oth­er – Vis­it­or Man­age­ment 21/01/22 02/06/23 Plan Oth­er — Out­door Access 02/06/23 Man­age­ment Plan Oth­er — Sup­port­ing Inform­a­tion 02/03/23 02/06/23 from Agent Oth­er — Agent – Fur­ther 28/06/23 28/06/23 Inform­a­tion in Response to Out­door Access *Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. This applic­a­tion seeks plan­ning per­mis­sion for the cre­ation of a moun­tain bike track link of 75m in length. The track link is to be con­struc­ted of a com­pacted sub­base and fin­ished with a 25mm dust, com­pacted sur­face. The widths of the trail will pre­dom­in­antly be of 1 metre or below, with straight­er trail sec­tions reduced to 0.75m.

2. The pro­pos­al would link the approved Mid-Zone of the bike tracks to the per­mit­ted ascent path, loc­ated to the east. The pro­pos­al has been developed by the applic­ant in asso­ci­ation with the Devel­op­ing Moun­tain Bik­ing in Scot­land (DMBS)- who are part of Cyc­ling Scot­land. The approved moun­tain bike tracks which were per­mit­ted at the May 2022 plan­ning com­mit­tee, are cur­rently under con­struc­tion, and it was noted dur­ing these con­struc­tion works that an option to enter the ascent trail from the mid-zone would be bene­fi­cial to the user. The agent has described the need for the pro­pos­al as follows:

a) ​“The need for the link is simply to provide a short con­nec­tion on the upper loop so that there is poten­tial for riders to link to the upper sec­tion via a con­nect­ing route which is clear on the loc­a­tion plan as sub­mit­ted. This provides a clear and obvi­ous route for upper zone users to re-join the upper ascent trail after des­cend­ing into the top part of the mid zone area neg­at­ing the need to com­plete the whole length of track and avoid­ing the poten­tial to cut across an undefined route. In the same way it avoids an

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

exten­ded des­cent into the lower lean­er zone before being able to recon­nect to the ascent trail to the mid and upper zones.”

1. Plans of the pro­pos­al can be viewed at Appendix 1.

His­tory

1. There have been numer­ous plan­ning applic­a­tions with­in the wider Cairngorm Moun­tain area. On 14^th Octo­ber 2021, High­land Coun­cil gran­ted con­sent (21/03808/S42) for the con­tin­ued tem­por­ary sit­ing of a double snow fact­ory unit on ground near the Day Lodge, extend­ing the dur­a­tion of the sit­ing which has been per­mit­ted by both the CNPA and High­land Coun­cil in pre­vi­ous years. On 5 May 2023, Com­mit­tee approved the relo­ca­tion of the snow fact­ory and imple­ment­a­tion of related infra­struc­ture (2022/0307/DET).

2. An applic­a­tion for the install­a­tion of car park bar­ri­ers (2020/0097/DET) at the entrance to the Upper Coire Cas car park was gran­ted con­sent by the CNPA on 16 June 2020. In May 2020, plan­ning per­mis­sion was gran­ted by the CNPA for the engin­eer­ing works related to the strength­en­ing of the funicu­lar via­duct (2020/0076/DET).

3. With­in the same devel­op­ment area as the applic­a­tion being con­sidered with­in this report, was plan­ning per­mis­sion 2019/0247/DET which per­mit­ted engin­eer­ing works to smooth and regrade the land; and more recently plan­ning per­mis­sion 2022/0046/DET, which was gran­ted approv­al by Plan­ning Com­mit­tee in May 2022. This per­mis­sion relates to the form­a­tion of moun­tain bike tracks and related infra­struc­ture. More recently, mem­bers per­mit­ted relo­ca­tion of the snow fact­ory at the April 2023 plan­ning com­mit­tee meet­ing under ref­er­ence 2023/0307/DET.

Hab­it­ats Reg­u­la­tions Appraisal

1. A Hab­it­ats Reg­u­la­tions Apprais­al [HRA] was under­taken for the ori­gin­al bike track per­mis­sion (2022/0046/DET) to con­sider the effects of the pro­pos­al upon the con­ser­va­tion object­ives of the European Sites: River Spey SAC, Cairngorms SAC, and Cairngorms SPA. The con­clu­sions of that HRA are still val­id and applic­able to the minor track exten­sion pro­posed under this applic­a­tion. A copy of the HRA is attached at Appendix 2.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045 POLICY 1 Tack­ling the Cli­mate and Nature Crises

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

POLICY 2 Cli­mate Mit­ig­a­tion and Adapt­a­tion POLICY 3 Biod­iversity POLICY 4 Nat­ur­al Places POLICY 5 Soils POLICY 21 Play, Recre­ation and Sport POLICY 29 Rur­al Devel­op­ment POLICY 30 Tour­ism Stra­tegic Policy Cairngorms Nation­al Park Part­ner­ship Plan 2022 – 2027 Loc­al Plan Policy Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2021) Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross POLICY 1 NEW HOUS­ING DEVEL­OP­MENT POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH X POLICY 3 DESIGN AND PLACE­MAK­ING X POLICY 4 NAT­UR­AL HER­IT­AGE X POLICY 5 LAND­SCAPE X POLICY 6 THE SIT­ING AND DEISGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT POLICY 7 RENEW­ABLE ENERGY POLICY 8 OPEN SPACE, SPORT AND RECRE­ATION X POLICY 9 CUL­TUR­AL HER­IT­AGE POLICY 10 RESOURCES X POLICY 11 DEVELOPER OBLIGATIONS

1. 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. The full word­ing of policies can be found at:

https://www.gov.scot/publications/national-planning-framework- 4/​documents/​

and at:

https://​cairngorms​.co​.uk/​w​p​-​c​o​n​t​e​n​t​/​u​p​l​o​a​d​s​/​2​0​2​1​/​0​3​/​C​N​P​A​-​L​D​P​-​2021- web.pdf

Plan­ning Guidance

1. Sup­ple­ment­ary guid­ance also forms part of 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.

Policy 1 Hous­ing Sup­ple­ment­ary Guidance

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Policy 2 Sup­port­ing Eco­nom­ic Growth Non-Stat­utory X 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 X Guid­ance Policy 9 Cul­tur­al Her­it­age Non-Stat­utory Guid­ance Policy 10 Resources Non-Stat­utory Guid­ance X Policy 11 | Developer Oblig­a­tions Sup­ple­ment­ary Guidance

CON­SULTA­TIONS

Sum­mary of the main issues raised by consultees

1. CNPA Eco­logy Officer has no objec­tion. The Officer recom­mends that appro­pri­ate pre-con­struc­tion checks for pro­tec­ted spe­cies should be under­taken by an exper­i­enced eco­lo­gist pri­or to con­struc­tion. The Officer also recom­mends that works should adhere to the meth­ods stated in the sub­mit­ted Con­struc­tion Meth­od State­ment with regards to remov­al, stor­age, and rein­state­ment of veget­a­tion, and that the oper­a­tion of the track should fol­low the agreed Mon­it­or­ing Strategy Doc­u­ment (dated May 2022). Regard­ing the impact of the pro­pos­al on des­ig­nated sites, the HRA for 2022/0046/DET remains val­id for this application.

2. CNPA Out­door Access Officer has no objec­tions fol­low­ing receipt of fur­ther inform­a­tion to aid under­stand­ing of the pro­pos­al in respect of pur­pose and design of the path link. The Officer agrees with the applicant’s obser­va­tion and that the inclu­sion of the path link would lessen the risk of con­flict between dif­fer­ent user groups.

3. Aviemore Com­munity Coun­cil were con­sul­ted but provided no comments.

REP­RES­ENT­A­TIONS

1. The applic­a­tion was advert­ised when first sub­mit­ted. No let­ters of pub­lic rep­res­ent­a­tion have been received dur­ing the con­sulta­tion period.

APPRAIS­AL

1. Sec­tion 25 of the 1997 Act as amended requires applic­a­tions to be determ­ined in accord­ance with the Devel­op­ment Plan. This now com­prises the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, and the National

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Plan­ning Frame­work 4. Where there is con­flict between policies, NPF4 policies will be used.

1. The main plan­ning con­sid­er­a­tions are the prin­ciple of devel­op­ment, the impact upon land­scape, sit­ing and design, the envir­on­ment­al impacts, and access impacts.

Prin­ciple

1. At nation­al policy level, Policy 30 of NPF4 sup­ports tour­ist related devel­op­ment which is com­pat­ible with the sur­round­ing area and con­trib­utes to the loc­al eco­nomy. Policy 2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sets out that devel­op­ment which enhances form­al and inform­al recre­ation and leis­ure facil­it­ies; and tour­ism and leis­ure-based busi­ness activ­it­ies where:

a) It has no adverse envir­on­ment­al or amen­ity impacts on the site or neigh­bour­ing areas; and b) It makes a pos­it­ive con­tri­bu­tion to the exper­i­ence of vis­it­ors; and c) It sup­ports or con­trib­utes to a year-round economy.

1. In addi­tion to the above policy, Policy 8: Open Space, Sport and Recre­ation per­mits exten­sions and enhance­ments to exist­ing sport and recre­ation related busi­ness activ­it­ies where:

a) They demon­strate best prac­tice in terms of sus­tain­able design, oper­a­tion, and future main­ten­ance, and where there are no adverse envir­on­ment­al impacts on the site or neigh­bour­ing areas; and b) They will meet an iden­ti­fied com­munity or vis­it­or need; and c) They main­tain and max­im­ise all oppor­tun­it­ies to link into the exist­ing path network.

1. By way of back­ground, plan­ning per­mis­sion was gran­ted last year for the cre­ation of the bike tracks at Cairngorm, which are cur­rently under con­struc­tion / near com­ple­tion. The facil­it­ies offer cyc­ling paths for begin­ner to inter­me­di­ate level riders provid­ing a wider range of intro­duct­ory trails with­in the area. The pro­posed path link is required by the applic­ant to provide a con­nect­ing path between the Mid-zone bike tracks to the ascent path to improve con­nectiv­ity and user exper­i­ence. The pro­posed devel­op­ment is there­fore con­sidered to sup­port the ongo­ing viab­il­ity and oper­a­tion of this tour­ist site and the prin­ciple accords with Policy 2: Sup­port­ing Eco­nom­ic Growth and Policy 8: Open Space, Sport and Recre­ation of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, and Policy 30 of NPF4, sub­ject to the oth­er mater­i­al plan­ning con­sid­er­a­tions as out­lined below.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Land­scape, Sit­ing and Design Impacts

1. The applic­a­tion site is loc­ated with­in the Cairngorm Nation­al Scen­ic Area, the Nation­al Park and close to the Cairngorms Wild Land Area No.15. As such, it is import­ant that the land­scape impacts of the pro­posed devel­op­ment are fully con­sidered in rela­tion to Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021. This policy seeks to ensure that all new devel­op­ment con­serves and enhances the land­scape char­ac­ter and spe­cial land­scape qual­it­ies of the Nation­al Park and the set­ting of the devel­op­ment. Any sig­ni­fic­ant impacts must be clearly out­weighed by social or eco­nom­ic bene­fits of nation­al import­ance and all adverse effects must be min­im­ised and mitigated.

2. In this regard, the devel­op­ment is con­fined to the exist­ing developed area of Cairngorm Moun­tain which is cur­rently strongly char­ac­ter­ised by a vari­ety of ski infra­struc­ture includ­ing: the funicu­lar, ski tows, snow fences, build­ings, car park­ing, vehicle tracks, bike tracks and foot­paths. The pro­pos­al is for the addi­tion of a bike track to be installed, which is 75m in length. Whilst the pro­pos­al involves changes to a veget­ated area, the wider con­text is one of rur­al devel­op­ment and the addi­tion of this devel­op­ment would be seen in the con­text of the wider ski and bike track infra­struc­ture with­in the developed bowl of this part of Coire Cas. It is there­fore con­sidered, that due to this exist­ing char­ac­ter, there is capa­city for the addi­tion­al track link. Due to the loc­a­tion of the pro­posed track link, visu­al effects will be rel­at­ively loc­al­ised, and the addi­tion will have a neut­ral impact on the land­scape char­ac­ter. A plan­ning con­di­tion is recom­men­ded to ensure the remov­al of track and rein­state­ment of land should the facil­ity cease to oper­ate in the future, to safe­guard the long-term land­scape char­ac­ter of the site.

Envir­on­ment­al Impacts

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, seeks to ensure there are no adverse impacts upon des­ig­nated areas, pro­tec­ted spe­cies, or biod­iversity, whilst Policy 10: Resources sets out the need to fully con­sider impacts on flood­ing and water resources. Policy 3 of NPF4 requires devel­op­ment pro­pos­als to con­trib­ute to the enhance­ment of biod­iversity, includ­ing restor­ing degrad­ing habitats.

2. There are nat­ur­al her­it­age assets of inter­na­tion­al import­ance with­in the wider Cairngorm area, how­ever the work pro­posed is out­side the bound­ary of any nature con­ser­va­tion sites des­ig­nated for their bio­lo­gic­al or geo­graph­ic­al interests. The Hab­it­ats Reg­u­la­tions Apprais­al asso­ci­ated with the ori­gin­al wider bike tracks per­mis­sion (2022/0046/DET) is val­id and applic­able to this track exten­sion pro­pos­al. Sub­ject to the mit­ig­a­tion meas­ures being adhered to, by way of plan­ning con­di­tions, the con­ser­va­tion object­ives of the River

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Spey SAC, and Cairngorms SAC and SPA will be met and there will not be an adverse effect on site integ­rit­ies. The ori­gin­al HRA recom­men­ded two plan­ning con­di­tions: one for path mon­it­or­ing and the second for pol­lu­tion pre­ven­tion meas­ures. The path mon­it­or­ing remains as a con­di­tion­al require­ment of the ori­gin­al per­mis­sion and to avoid duplic­a­tion, will not be car­ried for­ward to this applic­a­tion which provides a small link with­in the wider bike trail facil­ity. A plan­ning con­di­tion is recom­men­ded to be included for any sub­sequent decision notice regard­ing pol­lu­tion pre­ven­tion meas­ures, as the pro­pos­al involves addi­tion­al con­struc­tion works to those already car­ried out under the ori­gin­al permission.

1. Regard­ing the pro­posed impact on pro­tec­ted spe­cies and hab­it­ats, the CNPA Eco­logy Officer has no objec­tions to the scheme sub­ject to the under­tak­ing of eco­lo­gic­al pre-con­struc­tion checks, which are to be secured by plan­ning condition.

2. The pro­pos­al is not con­sidered to cause any adverse impacts relat­ing to flood­ing on or off site. Veget­ated drain­age chan­nels are pro­posed to feed into the exist­ing drain­age net­work on site which is accept­able. Pol­lu­tion pre­ven­tion dur­ing con­struc­tion is included with­in the sub­mit­ted Con­struc­tion Meth­od Statement.

3. Sub­ject to the recom­men­ded plan­ning con­di­tions relat­ing to pre-con­struc­tion eco­lo­gic­al sur­veys and sub­ject to the con­di­tions required from the HRA, the pro­pos­al is con­sidered to com­ply with Policy 4: Nat­ur­al Her­it­age and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and Policy 3 of NPF4.

Access

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sets out the need for new devel­op­ment to be sat­is­fact­or­ily ser­viced without harm to resources or the envir­on­ment. The addi­tion­al track link will not have any effects on the exist­ing pub­lic road net­work. The pro­pos­al will be con­struc­ted as part of the Phase 2 con­struc­tion works under the ori­gin­al bike track per­mis­sion and will there­fore be under­taken in accord­ance with the approved Con­struc­tion Traffic Man­age­ment Plan linked to the 2022/0046/DET permission.

2. An Out­door Access Man­age­ment Plan has been sub­mit­ted which details how the vis­it­ing pub­lic will be man­aged dur­ing the con­struc­tion works, and the con­tents of this are deemed sat­is­fact­ory by the Out­door Access Officer. The inclu­sion of the path link would reduce the like­li­hood of riders per­form­ing a U- turn at this point and head­ing back down the shared path, there­fore lessen­ing the risk of con­flict between dif­fer­ent user groups.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

1. Sub­ject to the appro­pri­ate con­di­tions being attached to ensure adher­ence to the Access man­age­ment Plan, it is con­sidered that the applic­a­tion sat­is­fies the access require­ments of Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

CON­CLU­SION

1. This applic­a­tion involves the minor exten­sion of the per­mit­ted moun­tain bik­ing trail facil­it­ies at an estab­lished tour­ist facil­ity with­in the Nation­al Park. The pro­posed addi­tion is minor in nature to scale of the wider, per­mit­ted bike tracks and would improve user exper­i­ence. Land­scape and envir­on­ment­al impacts are accept­able sub­ject to the refine­ments being agreed which will require the inclu­sion of plan­ning con­di­tions on any sub­sequent decision notice. Sub­ject to these recom­men­ded con­di­tions, the pro­posed devel­op­ment is con­sidered to com­ply with the policies con­tained with­in the adop­ted Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and the policies of NPF4. Approv­al is there­fore recommended.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Form­a­tion of moun­tain bike track link (includ­ing tem­por­ary con­struc­tion access) and related infra­struc­ture at Coire Cas Cairngorm Moun­tain Glen­more Aviemore sub­ject to the fol­low­ing conditions:

Those con­di­tions lis­ted below in bold text are sus­pens­ive con­di­tions, which require to be dis­charged pri­or to imple­ment­a­tion of the development.

Con­di­tions

1. No devel­op­ment shall com­mence, (unless oth­er­wise agreed in writ­ing), until pre-con­struc­tion sur­veys for breed­ing birds, moun­tain hare, water vole and rep­tiles, have been under­taken 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 — details of any mit­ig­a­tion required to be iden­ti­fied and agreed and there­after imple­men­ted in accord­ance with the approved details before con­struc­tion works commence.

Reas­on: Το avoid adverse harm and com­ply with pro­tec­ted spe­cies legis­la­tion in accord­ance with Policy 3: Biod­iversity of NPF4 and Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

1. The devel­op­ment, hereby per­mit­ted, shall be under­taken in strict accord­ance with the fol­low­ing doc­u­ments: a) Con­struc­tion Phase Meth­od State­ment, Ver­sion 3.0, dated 06/04/2023; b) CMSL Moun­tain Bike Pro­ject- Out­door Access Man­age­ment Plan.

Reas­on: To ensure pol­lu­tion does not enter the River Spey SAC and so avoid an adverse effect on site integ­rity in accord­ance with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, and Policy 3: Biod­iversity of NPF4 and to ensure that pub­lic access rights are main­tained and man­aged around the inten­ded work­ing area in accord­ance with Policy 3: New Devel­op­ment of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. With­in one year from when the devel­op­ment, hereby approved, ceases to be used for the pur­poses applied for, the devel­op­ment must be removed in its entirety and land rein­stated to its con­di­tion pri­or to the grant­ing of the per­mis­sion 2023/0243/DET, all to the sat­is­fac­tion of the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Authority.

Reas­on: In recog­ni­tion of the nature of the facil­ity and to ensure that struc­tures are removed, and land is restored to safe­guard long term impacts of the site should the pro­pos­al cease to oper­ate in accord­ance with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 11 11/08/2023

Inform­at­ives

1. The devel­op­ment hereby approved must com­mence with­in 3 years of the date of this decision notice. If devel­op­ment has not com­menced with­in this peri­od, then this plan­ning per­mis­sion will lapse.

2. The per­son under­tak­ing the devel­op­ment is required to give the Plan­ning Author­ity pri­or writ­ten noti­fic­a­tion of the date which it is inten­ded to com­mence the devel­op­ment. Attached to this decision notice is a Notice of Ini­ti­ation of Devel­op­ment for com­ple­tion and sub­mis­sion. Sub­mis­sion of this inform­a­tion assists the Cairngorms Nation­al Park Author­ity Mon­it­or­ing and Enforce­ment Officer in mon­it­or­ing act­ive work with­in the area to ensure com­pli­ance with the approved details and to identi­fy and cor­rect any poten­tial prob­lems, as they arise, rather than later when it may be more dif­fi­cult and more costly to rec­ti­fy. Fail­ure to give notice would con­sti­tute a breach of plan­ning con­trol which may res­ult in enforce­ment action being taken.

3. Fol­low­ing com­ple­tion of the devel­op­ment, a noti­fic­a­tion of com­ple­tion shall, as soon as prac­tic­able, be giv­en to the Plan­ning Author­ity. Attached to this decision notice is a Notice of Com­ple­tion of Devel­op­ment for com­ple­tion and sub­mis­sion. Sub­mis­sion of this form will assist the Cairngorms Nation­al Park Author­ity Mon­it­or­ing and Enforce­ment Officer in mak­ing a final inspec­tion and check­ing com­pli­ance with the approved draw­ings and con­di­tions. If the devel­op­ment hereby approved is to be car­ried out in phases, then a notice of com­ple­tion should be sub­mit­ted at the com­ple­tion of each phase.

4. Con­struc­tion work (includ­ing the loading/​unloading of deliv­ery vehicles, plant, or oth­er machinery) should not take place out­with the hours of 0800 hours to 1900 hours Mondays to Fri­days, 0800 hours to 1300 hours on Sat­urdays or at any time or Bank Hol­i­days to min­im­ise dis­turb­ance to res­id­ents in the area.

The map on the first page of this report 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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