Item5 AABundingKincraig20200080DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PRO­POSED: Form­a­tion of bund­ing, pro­vi­sion of ser­vices, and lay­ing out of access road, hard­stand­ing and tar­mac area with asso­ci­ated land­scap­ing (ret­ro­spect­ive) at Land 165M SW Of Hillview Kincraig

REF­ER­ENCE: 2020/0080/DET

APPLIC­ANT: Dunachton Estate

DATE CALLED-IN: 23 March 2020

RECOM­MEND­A­TION: Approve Sub­ject to Conditions

CASE OFFICER: Rob­bie Cal­vert, Gradu­ate Planner

CNPA Plan­ning Com­mit­tee Applic­a­tion Site 0 20 40 Meters Kincraig/​E G N 80 Bal­dow Meml MS+Hotel Kin­craig 245 A9 A9 A9 Crown copy­right and data­base rights 2020. Ord­nance Sur­vey Licence num­ber 100040965 Lay-by FB B9152 231.3m cbean Road A9 24 CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020 Bal­dow Smiddy 22 17 2 Hillview The Old Manse B9152

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The applic­a­tion site is on land 165m south west of Hillview and is adja­cent to the north-west­ern set­tle­ment bound­ary of Kin­craig, bounded to the south-east by the B9152 and the A9 to the north-west. The site is cur­rently an unused com­pound con­struc­ted under the Roads (Scot­land) Act 1984 to sup­port the road widen­ing of the A9. To the north-east of the site is an exist­ing car gar­age on land alloc­ated for eco­nom­ic devel­op­ment land in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015. To the south of the applic­a­tion site lie res­id­en­tial dwell­ings of the Mac­bean Road devel­op­ment, sep­ar­ated by a band of trees.

2. The applic­a­tion site is approx­im­ately 1.6ha. The site com­prises a built up level area, elev­ated above the pub­lic road, bounded by a fence.

3. Access is cur­rently taken from a private track lead­ing from an unclas­si­fied road.

4. A water­course runs to the north of the applic­a­tion site feed­ing into the River Spey — Insh Marshes Spe­cial Area of Con­ser­va­tion (SAC). There is a fur­ther small, cul­ver­ted water­course to the south of the site.

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=Q7E17OSI0CH0 0

Title	Draw­ing Num­ber	Date on Plan*	Date Received
Loc­a­tion Plan	453288/PL01	01/12/19	23/03/20
Loc­a­tion Plan	453288/PL01	01/12/19	23/03/20
	Revi­sion A
Site Plan & Land­scape Mounds	453288/PL02	01/12/19	23/03/20
Site Plan & Land­scape Mounds	453288/PL02	01/12/19	23/03/20
	Revi­sion A

*Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the Ist of the month.

1. Plans of the pro­pos­als are included with­in Appendix I

2. The applic­a­tion seeks ret­ro­spect­ive plan­ning per­mis­sion for the con­tin­ued occu­pa­tion of an exist­ing com­pound. This was con­struc­ted by Transport

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

Scotland/​BEAR as a com­pound/lay-down area asso­ci­ated with the A9 dualling, this sec­tion of the A9 around Kin­craig is now com­plete. The applic­a­tion seeks to reg­u­lar­ise the tem­por­ary occu­pa­tion of the site. Pro­pos­als include ground­work under­taken to level the site, hard­stand­ing and bund­ing cre­ated adja­cent to the pub­lic road and site access.

His­tory

1. This area was ori­gin­ally graz­ing land before the con­struc­tion com­pound for the Kin­craig sec­tion of the A9 Dualling pro­ject. The com­pound was deemed per­mit­ted devel­op­ment under the Roads (Scot­land) Act 1984. It was inten­ded to be a tem­por­ary facil­ity only for the road works and under con­tract for the road scheme the site was inten­ded to be restored back to an agri­cul­tur­al field.

2. Plan­ning per­mis­sion was gran­ted by High­land Coun­cil on 10/12/2018 for a ret­ro­spect­ive applic­a­tion for the change of use to tem­por­ary site com­pound, install­a­tion of site accom­mod­a­tion units, day to day run­ning of the pro­ject, stor­age of mater­i­al and equip­ment and rein­state­ment to exist­ing con­di­tion on com­ple­tion of the work (18/05071/FUL). This per­mis­sion ceased 14 months ago.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy Stra­tegic Policy Loc­al Plan Policy POLICY I POLICY 2 POLICY 3 POLICY 4 POLICY 5 POLICY 6

POLICY 7 POLICY 8 POLICY 9 POLICY 10 POLICY 11

Scot­tish Plan­ning Policy 2014 Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022 Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015) Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross NEW HOUS­ING DEVEL­OP­MENT SUP­PORT­ING ECO­NOM­IC GROWTH SUS­TAIN­ABLE DESIGN NAT­UR­AL HER­IT­AGE LAND­SCAPE THE SIT­ING AND DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT RENEW­ABLE ENERGY SPORT AND RECRE­ATION CUL­TUR­AL HER­IT­AGE RESOURCES DEVELOPER CONTRIBUTIONS

X X X X X

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Loc­al Devel­op­ment Plan. The full word­ing of policies can be found at:

http://​cairngorms​.co​.uk/​u​p​l​o​a​d​s​/​d​o​c​u​m​e​n​t​s​/Park Authority/Planning/LDPI5.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 I	New Hous­ing Devel­op­ment Non-Stat­utory Guidance
Policy 2	Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance	X
Policy 3	Sus­tain­able Design Non-Stat­utory Guidance	X
Policy 4	Nat­ur­al Her­it­age Sup­ple­ment­ary Guidance	X
Policy 5	Land­scape Non-Stat­utory Guidance	X
Policy 7	Renew­able Energy Sup­ple­ment­ary Guidance
Policy 8	Sport and Recre­ation Non-Stat­utory Guidance
Policy 9	Cul­tur­al Her­it­age Non-Stat­utory Guidance
Policy 10	Resources Non-Stat­utory Guidance	X
Policy 11	Developer Con­tri­bu­tions Sup­ple­ment­ary Guidance

Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2020

1. The emer­ging Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (“Pro­posed Plan”) which will cov­er the peri­od of 2020 – 2025 is cur­rently being pro­gressed. The pro­posed plan has been through a pub­lic con­sulta­tion pro­cess and the form­al responses have been assessed and sub­mit­ted along with all oth­er rel­ev­ant mater­i­als to Scot­tish Min­is­ters for exam­in­a­tion. As the exam­in­a­tion of the Pro­posed Plan is on-going, the Pro­posed Plan and its con­tents cur­rently carry lim­ited weight.

CON­SULTA­TIONS

1. A sum­mary of the main issues raised by con­sul­tees now follows:

2. Scot­tish Water advised that they had no objec­tion to the proposal.

3. High­land Coun­cil Trans­port Plan­ning were ini­tially con­sul­ted and advised that inform­a­tion sub­mit­ted was inad­equate, request­ing more inform­a­tion in order to fully assess the impacts of the pro­pos­al. After cla­ri­fic­a­tion was made that plan­ning per­mis­sion will only extend tem­por­ary con­sent, exist­ing access arrange­ment were con­sidered suf­fi­cient with a con­di­tion attached in the event the applic­a­tion is sup­por­ted to ensure that no sur­face water from the access road will dis­charge onto the pub­lic road.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

1. CNPA Land­scape Officer advised that reten­tion of the site in its cur­rent con­di­tion would not con­serve or enhance the land­scape char­ac­ter of the area or its spe­cial land­scape qual­it­ies. They request that in the event that the applic­a­tion is sup­por­ted a con­di­tion be attached requir­ing a full land­scape scheme includ­ing reshap­ing of the bund­ing, new fen­cing if required and a full planting/​seeding scheme.

2. CNPA Eco­logy Officer advised that they had no objec­tion to the proposal.

3. Kin­craig Com­munity Coun­cil was con­sul­ted on the pro­pos­al but has not provided any comments.

REP­RES­ENT­A­TIONS 19. One let­ter of rep­res­ent­a­tion has been received from a mem­ber of pub­lic mak­ing a gen­er­al com­ment on the applic­a­tion. A copy of the response can be viewed at Appendix 2. A sum­mary of the com­ments is provided below:

a) Giv­en cur­rent eco­nom­ic cli­mate site will not be developed in short-term. b) Site has sig­ni­fic­ant neg­at­ive impact upon land­scape qual­ity of area. c) Remov­al of exist­ing ser­vice on site and rein­state­ment of land will not have an adverse impact on the poten­tial for the site to be developed in the future. d) Land­scap­ing plans have not been submitted.

APPRAIS­AL

Prin­ciple of development

1. Policy 2.3: Sup­port­ing Eco­nom­ic Growth – Oth­er eco­nom­ic devel­op­ment provides sup­port for devel­op­ments that sup­port or extend the eco­nomy or which enhance the range and qual­ity of eco­nom­ic oppor­tun­it­ies or facil­it­ies, where they are com­pat­ible or com­ple­ment exist­ing busi­ness activ­ity in the area and sup­port the vital­ity and viab­il­ity of the loc­al eco­nomy and the broad­er eco­nomy of the Park. The Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 and the Kin­gussie set­tle­ment state­ment with­in it encour­ages appro­pri­ate eco­nom­ic growth which sup­ports a thriv­ing com­munity and there is gen­er­al policy sup­port for the pro­tec­tion of exist­ing sus­tain­able eco­nom­ic activ­ity and where devel­op­ment or intens­i­fic­a­tion of brown­field land is pro­posed with­in the set­tle­ment boundary.

2. Whilst not an alloc­ated site in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015, the site is pro­posed to be alloc­ated as eco­nom­ic devel­op­ment land (ED2) under the emer­ging Cairngorms Nation­al Park Loc­al Devel­op­ment Plan

3. Only lim­ited weight can be giv­en to the Pro­posed Plan but it is officers are of the opin­ion that if the cuurent use of the site as a com­pound was a tem­por­ary state as a step­ping stone to a later more pos­it­ive eco­nom­ic use, it would sup­port the deliv­ery of the pro­posed LDP. More import­antly, that same case of

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

a tem­por­ary use and reten­tion of ser­vices lead­ing to a more pro­duct­ive use is con­sidered to sup­port policy 2.3 of the adop­ted LDP, and the tem­por­ary use of the ground for a site com­pound has been pre­vi­ously estab­lished by both the ori­gin­al A9-related per­mis­sion and later High­land Coun­cil tem­por­ary permission.

1. Sub­ject to assess­ment of the land­scape impacts and access and ser­vi­cing issues, as well as a con­di­tion lim­it­ing the dur­a­tion of the cur­rent, the applic­a­tion is con­sidered to with Policy 2 Eco­nom­ic Devel­op­ment of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Land­scape Impacts, Lay­out and Design

1. Policy 5: Land­scape of the Cairngorms Loc­al Devel­op­ment Plan 2015 seeks to ensure that all new devel­op­ment con­serves and enhances the land­scape char­ac­ter and spe­cial land­scape qual­it­ies of the Nation­al Park. Sim­il­arly, Policy 3: Sus­tain­able Design seeks to ensure that devel­op­ment is suit­ably designed.

2. It is acknow­ledged that in land­scape terms the site is prom­in­ent, being elev­ated above the main Kin­craig vil­lage pub­lic road. The CNPA Land­scape Officer con­siders that the reten­tion of the site in its cur­rent con­di­tion would not con­serve or enhance the land­scape char­ac­ter of the area or its spe­cial land­scape qual­it­ies. Their assess­ment is based on the assump­tion that the site would have been restored fol­low­ing com­ple­tion or that Kin­craig sec­tion of A9 upgrade and that the applic­a­tion is con­sidered as a per­man­ent devel­op­ment. How­ever, in the event that the applic­a­tion is sup­por­ted, appro­pri­ate mit­ig­a­tion can be applied by way of a con­di­tion. This would require the sub­mis­sion of a full land­scape scheme includ­ing the relo­ca­tion of the fen­cing loc­ated adja­cent to the bund and the replace­ment of this with a full planting/​seeding scheme to provide screen­ing of the site for the dur­a­tion of the tem­por­ary permission.

3. The CNPA plan­ning ser­vice does not con­sider a per­man­ent con­sent for what is by its nature inten­ded to be a tem­por­ary use appro­pri­ate but does con­sider that the devel­op­ment would be accept­able as a tem­por­ary use. Because of this, we con­sider that a two-stage approach to mit­ig­a­tion is more appro­pri­ate and reas­on­able, with some ini­tial remedi­al mit­ig­a­tion to be imple­men­ted dur­ing a tem­por­ary con­sent, fol­lowed by either full rein­state­ment under the terms of a tem­por­ary con­sent, or an appro­pri­ate land­scape scheme for sub­sequent devel­op­ment approved for the site.

4. Sub­ject to an appro­pri­ate plan­ning con­di­tions lim­it­ing the peri­od of use and requir­ing short term mit­ig­a­tion and full rein­state­ment of the site at its end, the pro­pos­al is con­sidered to com­ply with Policy 3: Sus­tain­able Design and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Envir­on­ment­al Issues

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Loc­al Devel­op­ment Plan 2015 seeks to ensure that there are no adverse effects on nat­ur­al her­it­age interests, des­ig­nated sites or pro­tec­ted spe­cies and that any impacts upon biod­iversity are avoided, min­im­ised or compensated.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

1. There are nat­ur­al her­it­age interests of inter­na­tion­al import­ance with­in the wider area, how­ever the devel­op­ment is pro­posed out­side the bound­ary of any nature con­ser­va­tion sites des­ig­nated for their eco­lo­gic­al or geo­lo­gic­al interests. The CNPA Eco­logy Officer has no objec­tion to proposals.

2. In these over­all cir­cum­stances the applic­a­tion is con­sidered to com­ply with Policy 4: Nat­ur­al Heritage.

Access and Servicing

1. Policy 3: Sus­tain­able Design and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 require new devel­op­ment to be sat­is­fact­or­ily ser­viced and without harm to resources or the environment.

2. When ini­tially con­sul­ted the High­land Coun­cil Trans­port Team reques­ted addi­tion­al inform­a­tion in order to assess pro­pos­als. How­ever it was cla­ri­fied that plan­ning per­mis­sion would be tem­por­ary, simply retain­ing ser­vi­cing to the com­pound are for a peri­od of time and the ground either rein­stated at its end, or an applic­a­tion for a per­man­ent devel­op­ment made. Under those cir­cum­stances, the Trans­port Plan­ning Team con­sidered the pro­pos­al accept­able as long as a con­di­tion is attached to ensure that no sur­face water from the access road will dis­charge onto the pub­lic road.

3. Sub­ject to appro­pri­ate con­di­tions, the pro­posed tem­por­ary devel­op­ment is con­sidered to com­ply with Policy 3: Sus­tain­able Design and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

CON­CLU­SION

1. The pro­posed devel­op­ment is inher­ently a tem­por­ary use of land to allow for more detailed and pro­duct­ive pro­pos­als to come for­ward in future. With a con­sent that is time lim­ited and that requires rein­state­ment at its end, the pro­pos­al com­plies with LDP policies and allows the pro­moter time to come for­ward with a pos­it­ive pro­pos­al for busi­ness use of the land. Those pro­pos­als would also be expec­ted to include appro­pri­ate long term land­scape details com­men­sur­ate with a per­man­ent development..

2. In these over­all cir­cum­stances the devel­op­ment is con­sidered to com­ply with all rel­ev­ant policies of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 and the col­lect­ive aims of the Nation­al Park. There are no oth­er mater­i­al con­sid­er­a­tions which would war­rant the refus­al of plan­ning per­mis­sion. Approv­al is there­fore recom­men­ded sub­ject to appro­pri­ate plan­ning conditions.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to approve the form­a­tion of bund­ing, pro­vi­sion of ser­vices, and lay­ing out of access road, hard­stand­ing and tar­mac area with asso­ci­ated land­scap­ing (ret­ro­spect­ive) at Land 165M SW Of Hillview Kin­craig sub­ject to the fol­low­ing conditions:

Con­di­tions

1. Plan­ning per­mis­sion is hereby gran­ted for a tem­por­ary peri­od only and shall cease to have effect on 26 June 2023 (the ​‘ces­sa­tion date’). Pri­or to the ces­sa­tion date, the applic­a­tion site shall be cleared of all devel­op­ment approved under the terms of this per­mis­sion, includ­ing all fen­cing, bund­ing, hard­stand­ing and access tracks, and the ground rein­stated to grassland.

Reas­on: In recog­ni­tion of the tem­por­ary nature of the pro­posed devel­op­ment, to enable the Cairngorms Nation­al Park Author­ity as act­ing Plan­ning Author­ity to reas­sess the impact of the devel­op­ment after a giv­en peri­od of time.

1. Pro­vi­sion shall be made with­in the site for the dis­pos­al of sur­face water so as to pre­vent its dis­charge onto the adop­ted road. Such pro­vi­sion shall be installed with­in one month from the date of this decision notice and shall there­after be main­tained for the approved tem­por­ary peri­od of this development.

Reas­on: To ensure that sur­face water drain­age is sat­is­fact­or­ily man­aged in the interest of road safety in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. With­in 3 months of the date of this decision, a Land­scape Mit­ig­a­tion Plan, with meas­ures to reduce the land­scape impact of the devel­op­ment must be sub­mit­ted to and there­after approved in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity. The Land­scape Mit­ig­a­tion Plan shall there­after be imple­men­ted in full.

Reas­on: In the interests of amen­ity and to ensure that the devel­op­ment con­serves and enhances the land­scape char­ac­ter and is sym­path­et­ic to the char­ac­ter of the area in accord­ance with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015

1. Oper­a­tions for which noise is aud­ible at the bound­ary of the applic­a­tion site shall only be car­ried out between:

i. 0800 hours and 1800 hours Monday to Fri­day; and ii. 0800 hours and 1800 hours on Sat­urdays iii. 08:00 hours and 1600 hours on Sundays

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/06/2020

Not­with­stand­ing the above, no such oper­a­tions shall take place at any time on Christ­mas Day, Box­ing Day, New Year’s Day, 2^nd Janu­ary or Good Fri­day Bank Hol­i­days (as pre­scribed in Sched­ule I of the Bank­ing and Fin­an­cial Deal­ings Act 1971 (as amended)), unless oth­er­wise approved in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity as an excep­tion­al instance for oper­at­ing out­with these hours.

Reas­on: Inform­at­ives To pro­tect the amen­ity enjoyed by neigh­bours by min­im­ising disturbance/​nuisance from noise in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Devel­op­ment Plan 2015

1. Fol­low­ing com­ple­tion of the devel­op­ment, a noti­fic­a­tion of the 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.

2. It should be con­firmed by the applic­ant with the loc­al SEPA team wheth­er the site falls under the require­ments for a CAR Licence. Site design may be affected by pol­lu­tion pre­ven­tion require­ments and hence we strongly encour­age the applic­ant to engage in pre-CAR applic­a­tion dis­cus­sions with a mem­ber of the reg­u­lat­ory ser­vices team in your loc­al SEPA office. See SEPA’s Sec­tor Spe­cif­ic Guid­ance: Con­struc­tion Sites (WAT-SG-75) for details. Below the thresholds the applic­ant will still need to com­ply with CAR Gen­er­al Bind­ing Rule 10 which requires, amongst oth­er things, that all reas­on­able steps must be taken to ensure that the dis­charge does not res­ult in pol­lu­tion of the water environment.

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.