Item5AAErectionOfFarmBuildings20200077MSC

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Erec­tion of farm build­ings, asso­ci­ated works and form­a­tion of access at Land 100M East Of Lyn­o­voan Lyn­chat Kingussie

REF­ER­ENCE: 2020/0077/MSC

APPLIC­ANT: Bal­avil Estate Limited

DATE CALLED-IN: 23 March 2020

RECOM­MEND­A­TION: Approve

CASE OFFICER: Stephanie Wade, Plan­ning Officer

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CNPA Plan­ning Com­mit­tee Applic­a­tion Site 100 N 0 25 50 Meters Pou­t­er­raino Lyn­chat 250- @pelpark emy B 9152 A B A9 Bal­avi Lyn­voan Cot­tage Lyn­chat B A9 BA Sheep Wash Crown copy­right and data­base rights 2021. Ord­nance Sur­vey Licence num­ber 100040965 Chapel­park 215m A9 CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021 Track Sks 2

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The pro­posed site lies on the west­ern side of the A9 oppos­ite the Lyn­chat, approx­im­ately 3km north­east of Kin­gussie. The site sits with­in a rel­at­ively flat ter­race above the exist­ing A9 to its east, a wooded knoll to its north, with much of the estate’s farm­land bey­ond that, young plant­a­tion wood­land to its east and grass­land and scrub with an estate house to its south. The site is 1.92Ha in size and all adja­cent land is own by Bal­avil Estate Limited.
2. Plan­ning per­mis­sion in prin­ciple was gran­ted by Scot­tish Min­is­ters on 19 July 2019 for the con­struc­tion of a new farm unit on the west­ern side of the A9 on Bal­avil Estate. The devel­op­ment includes: a range of farm build­ings totalling 2,792 square metres, a new access track to the side from an exist­ing estate track and asso­ci­ated drainage.

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=Q7DY8SSI0CH00

Title Draw­ing Num­ber Date on Plan* Date Received Plans Loc­a­tion Plan 50499 – 101 Rev.POI 10 Feb­ru­ary 2020 15 May 2020 Site Plan 50499 – 102 Rev.POI 10 Feb­ru­ary 2020 15 May 2020 Pro­posed Site Lay­out PPP Con­di­tion 50499 – 103 1 Rev.P03 12 May 2020 15 May 2020 Pro­posed Site Lay­out PPP 50499 – 104 Con­di­tions 2‑A and 2‑R Rev.P03 12 May 2020 15 May 2020 Con­tour Base Plan PPP Con­di­tion 2- 50499 – 301 B and 2‑C Rev.P03 12 May 2020 15 May 2020 Cross Sec­tions North/​South PPP 50499 – 311 Con­di­tion 2‑D Rev.P03 12 May 2020 15 May 2020 Cross Sec­tions East/​West PPP 50499 – 312 Con­di­tion 2‑D Rev.P03 12 May 2020 15 May 2020 Pro­posed Drain­age Plan & SUDs 50499 – 401 PPP Con­di­tion 2‑M and 2‑N Rev.P03 12 May 2020 15 May 2020 Pro­posed Drain­age Lon­git­ud­in­al 50499 – 402 Sec­tions PPP Con­di­tion 2‑M and 2- Rev.POI 23 Janu­ary 2020 15 May 2020 N 

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

Pro­posed Drain­age Details PPP 50499 – 403 Con­di­tion 2‑M and 2‑N Rev.POI 23 Janu­ary 2020 15 May 2020 Pro­posed Mound Fil­ter Sys­tem PPP 50499 – 404 Con­di­tion 2‑M and 2‑N Rev.P02 14 May 2020 15 May 2020 Pro­posed Reed Bed PPP Con­di­tion 50499 – 405 2‑M and 2‑N Rev.POI 23 Janu­ary 2020 15 May 2020 Pro­posed Access Track PPP 50499 – 501 Con­di­tion 2‑E Rev.P03 12 May 2020 15 May 2020 Bound­ary Treat­ment & Vis­it­or 50499 – 601 Vehicle Park­ing PPP Con­di­tion 2‑J Rev.P02 30 Janu­ary 2020 15 May 2020 and 2L Land­scape Pro­pos­als Plant­ing 50499 – 602 Sched­ule & Main­ten­ance Régime Rev.P02 06 May 2020 15 May 2020 PPP Con­di­tion 2‑G and 2‑H Pro­posed Bird and Bat Box 50499 – 603 Loc­a­tions PPP Con­di­tion 2‑P Rev.P02 14 May 2020 15 May 2020 Pro­posed Light­ing Plan PPP 50499 – 604 Con­di­tion 2 – 0 Rev.POI 19 Feb­ru­ary 2020 15 May 2020 Sheep Build­ing Floor Plan & PL_01 Elev­a­tions Rev.A 17 Feb­ru­ary 2020 23 March 2020 Cattle Build­ing Floor Plan & PL_02 Elev­a­tions Rev.A 17 Feb­ru­ary 2020 23 March 2020 Bull Build­ing Floor Plan & Elev­a­tions PL_03 Rev.A 17 Feb­ru­ary 2020 23 March 2020 Equipment/​Tract­or Store Build­ing PL_04 Floor Plan & Elev­a­tions Rev.A 17 Feb­ru­ary 2020 23 March 2020 Straw & Hay Stor­age Build­ing Floor PL 05 Plan & Elev­a­tions 04 Feb­ru­ary 2020 23 March 2020 Sec­tions PL_06 04 Feb­ru­ary 2020 23 March 2020

Sup­port­ing Doc­u­ment­a­tion Con­struc­tion Meth­od State­ment 50499 V2 01 May 2020 15 May 2020 Drain­age Impact Assess­ment 50499 Rev.A 01 May 2020 15 May 2020 Details of Extern­al Mater­i­als Con­di­tion 2(f) 07 Feb­ru­ary 2020 23 March 2020 Flood­light Inform­a­tion 23 March 2020 Sum­mary of Inform­a­tion Sub­mit­ted 21 Feb­ru­ary 2020 23 March 2020

*Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

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1. This applic­a­tion seeks to dis­charge the details for the fol­low­ing con­di­tions attached to the con­sent gran­ted under Scot­tish Min­is­ters ref­er­ence: NA-CNP-002 for the Plan­ning Per­mis­sion in Prin­ciple for the relo­ca­tion of Bal­avil Home Farm (due to the dualling of the A9) and con­struc­tion of new farm build­ings, farm­yard, asso­ci­ated utilities/​drain­age, land­scape and access road to new farm. A copy of the Scot­tish Minister’s decision is attached at Appendix 2. The two con­di­tions which are the sub­ject of this applic­a­tion are as follows:

Con­di­tion Num­ber Details 1 Pri­or to the com­mence­ment of devel­op­ment and to the sub­mis­sion for approv­al of the mat­ters as spe­cified in con­di­tion 2 below, a lay­out plan shall be sub­mit­ted to and approved in writ­ing by the plan­ning author­ity in con­sulta­tion with Trans­port Scot­land and with High­land Coun­cil as Roads Author­ity. This lay­out plan should show: • The pro­posed pos­i­tion of build­ings, all ancil­lary devel­op­ment (includ­ing drain­age design and SUDS) and the pro­posed access along with the areas to be reserved free of devel­op­ment as neces­sary for the deliv­ery of the A9 Dualling Scheme. The areas to be retained free of devel­op­ment shall be iden­ti­fied in accord­ance with Areas A, B, and C on the Plan DMRB Stage 3 Bal­avil Access Plan” [Doc­u­ment TS018] as dock­eted to this plan­ning per­mis­sion in prin­ciple unless as oth­er­wise spe­cified and agreed in advance and in writ­ing by the plan­ning author­ity in con­sulta­tion with Trans­port Scotland.

There­after the devel­op­ment shall be car­ried out in accord­ance with the approved lay­out plan and the areas reserved for the deliv­ery of A9 Dualling Scheme shall be retained free of devel­op­ment unless and until it is oth­er­wise con­firmed in writ­ing with the Cairngorms Nation­al Park Author­ity, act­ing as plan­ning author­ity, in con­sulta­tion with Trans­port Scot­land, that these areas are no longer required for that pur­pose. 2 The sub­mis­sion for approv­al of mat­ters spe­cified in con­di­tions of this grant of plan­ning per­mis­sion in prin­ciple in accord­ance with the times­cales and oth­er lim­it­a­tions in sec­tion 59 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 (as amended) shall include the fol­low­ing mat­ters and shall be in accord­ance with the lay­out plan as approved through Con­di­tion One.

No work shall begin until the writ­ten approv­al of the plan­ning author­ity has been giv­en on these mat­ters and there­after the devel­op­ment shall be car­ried out in accord­ance with that approval.

a) Design, sit­ing and extern­al appear­ance of build­ings, open space and any oth­er structure;

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b) A con­tour base plan to demon­strate a good fit of the pro­posed lay­out of build­ings and all ancil­lary devel­op­ment (includ­ing drain­age pro­vi­sion and SUDS) with land­form and loc­al hydro­logy; c) Exist­ing and fin­ished ground levels in rela­tion to Ord­nance Datum; d) A min­im­um of 6 detailed sec­tions through the site north/​south and east/​west, extend­ing bey­ond the red line bound­ary to demon­strate a good fit with land­form; e) The pro­posed access track and its sur­face treat­ment show­ing all asso­ci­ated cut/​fill, earth strength­en­ing and/​or retain­ing struc­tures and a good fit with land­form; f) A detailed spe­cific­a­tion of all extern­al mater­i­als- note: samples may be required; g) Detailed land­scap­ing plan with full spe­cific­a­tion for on- site and any off­s­ite plant­ing. All spe­cies should be nat­ive, typ­ic­al of the area, and of loc­al proven­ance. New plant­ing should screen/​filter views from the A9, include plant­ing with­in the build­ing cluster to enhance the imme­di­ate envir­on­ment and reflect exist­ing tee and wood­land fea­tures in the land­scape. The Land­scape Plan shall be imple­men­ted in full dur­ing the first plant­ing sea­son fol­low­ing com­mence­ment of devel­op­ment; h) A long term land­scape main­ten­ance sched­ule and man­age­ment plan for all plant­ing areas; i) Tree sur­vey, Arbor­i­cul­tur­al impact assess­ment and tree pro­tec­tion plan for the site, the tree covered knoll north-east of the site and along the route of the access in order to demon­strate that the key wood­land and tree char­ac­ter­ist­ics of this land­scape will be con­served and enhanced; j) Bound­ary treat­ments includ­ing height and mater­i­als; 1) Design and sit­ing of farm and vis­it­or vehicle park­ing; m) Drain­age Impact Assess­ment; n) Final Drain­age Plan includ­ing SUDS scheme and a SUDS main­ten­ance plan, per­col­a­tion tests at the loc­a­tion of any infilt­ra­tion fea­tures, and design cal­cu­la­tions provided for 30 years and 200 year return peri­ods plus cli­mate change storm events; o) Light­ing plan to min­im­ise light spillage and light pol­lu­tion; p) Bird and bat box plan; q) Con­struc­tion meth­od state­ment that incor­por­ates the mit­ig­a­tion iden­ti­fied in the Pre­lim­in­ary Eco­lo­gic­al Apprais­al; r) Waste Man­age­ment and recyc­ling facilities.

The devel­op­ment shall be imple­men­ted in accord­ance with those approved details unless oth­er­wise approved in writ­ing by the Cairngorms Nation­al Park Author­ity and be retained and

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main­tained for the life­time of the devel­op­ment hereby approved.

1. The applic­a­tion is sup­por­ted by a pack­age of plans and doc­u­ments which respond to each cri­terion of the con­di­tions. The over­all site plan iden­ti­fies the loc­a­tion of the five agri­cul­tur­al build­ings pro­posed to be erec­ted with­in the site togeth­er with iden­ti­fic­a­tion of vehicu­lar park­ing areas, wash bay, vehicle turn­ing circle and drain­age con­nec­tions. The five build­ings are pro­posed as: cattle build­ing; sheep build­ing; bull pen build­ing; straw and hay shed; and equip­ment, tract­or store and work­shop. All build­ings are pro­posed to have either tim­ber clad elev­a­tions over con­crete pan­els or juni­per green col­oured tin. Pro­posed roofs, and doors are also pro­posed to be clad in juni­per green col­oured tin. All gates / shed ends are pro­posed as gal­van­ised steel sheets. The access track is pro­posed to provide access to the site from the adja­cent agri­cul­tur­al field to the north-east and to join into the exist­ing estate road. The track is pro­posed to be 4.5 metres in width with the inclu­sion of a passing place and land­scap­ing sur­round­ing the track. The track will use a cut and fill approach to accom­mod­ate it into the exist­ing topo­graphy of the area.
2. Regard­ing sur­face water drain­age pro­vi­sions on site, the pro­pos­al includes fil­ter strips and drains for the col­lec­tion of road and yard sur­face water run-off which joins into the SUDs basin. The SUDS basin also dir­ectly col­lects the dis­charge from build­ing roof area water. Atten­u­ation provided with­in the basin is at Green­field run-off rate equi­val­ent. The Office facil­ity WC and asso­ci­ated facil­it­ies foul drain­age are pro­posed to be dis­charged to a sep­tic tank. A main­ten­ance sched­ule for the sur­face water drain­age pro­vi­sions has been provided not­ing the fre­quency of checks, who under­takes them and the scope of the checks.
3. Bound­ary treat­ments for the site com­prise stock-proof post and wire fen­cing. The land­scap­ing plan shows the use of: Wet Mead­ow Mix by Sco­tia Seeds for the SUDS basin and ditch bot­tom plant­ing; wildflower/​grass seed­ing for the SUDS Basin and ditch sides and embank­ment plant­ing; low main­ten­ance amen­ity grass seed­ing around the bound­ary of the site; and tree plant­ing along the access track and bound­ar­ies. Wood­land plant­ing is pro­posed along the south­ern site bound­ary to tie in with the A9 Dualling Nat­ive Wood­land Plant­ing area. A total of 3 bird boxes and 2 bat boxes are pro­posed to be installed on three of the build­ings with­in the farm complex.

His­tory

1. An applic­a­tion for plan­ning per­mis­sion in prin­ciple was called-in for determ­in­a­tion by the CNPA in Septem­ber 2018 for the ​“relo­ca­tion of Bal­avil Home Farm (due to the dualling of the A9) & con­struc­tion of new farm build­ings, farm­yard, asso­ci­ated utilities/​drain­age, land­scape & access road to new farm” (applic­a­tion ref­er­ence: 2018/0354/PPP). Dur­ing the pro­gres­sion of that applic­a­tion, Scot­tish Min­is­ters were noti­fied as there was an objec­tion from Trans­port Scot­land and the CNPA inten­ded to grant plan­ning per­mis­sion in prin­ciple. The applic­a­tion was sub­sequently called in by Scot­tish Min­is­ters on the 13 Decem­ber 2018 giv­en its pos­sible implic­a­tions for the nation­ally import­ant dualling scheme of the A9 (ref: NA-CNP-002). Scot­tish Min­is­ters con­cluded on 19 July 2019 that per­mis­sion should be gran­ted for the pro­pos­al sub­ject to two plan­ning conditions.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

DEVEL­OP­MENT PLAN CONTEXT

Policies Nation­al Policy Scot­tish Plan­ning Policy 2014 Stra­tegic Policy Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022 Loc­al Plan Policy Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015) Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross POLICY I NEW HOUS­ING DEVEL­OP­MENT POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH X POLICY 3 SUS­TAIN­ABLE DESIGN 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 SPORT AND RECRE­ATION POLICY 9 CUL­TUR­AL HER­IT­AGE POLICY 10 RESOURCES X POLICY 11 DEVELOPER CONTRIBUTIONS

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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

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 now under­gone exam­in­a­tion by the Scot­tish Min­is­ters and is due to gain con­sent to adopt with­in earli­er part of this year. As the Pro­posed Plan exam­in­a­tion has con­cluded and it has been sub­mit­ted to gain con­sent to adopt, its con­tents are there­fore a mater­i­al consideration.

Emer­ging Loc­al Plan Policy Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2020) Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross POLICY I 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 DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT POLICY 7 RENEW­ABLE ENERGY POLICY 8 OPEN SPACE, SPORT AND RECRE­ATION POLICY 9 CUL­TUR­AL HER­IT­AGE POLICY 10 RESOURCES X POLICY 11 DEVELOPER CONTRIBUTIONS

CON­SULTA­TIONS

Sum­mary of the main issues raised by consultees:

1. Trans­port Scot­land (TS) has reviewed the sub­mit­ted inform­a­tion for Con­di­tion I against their A9 dualling pro­gramme. They ori­gin­ally con­firmed that the pro­pos­al had an impact on the deliv­ery of the Cruben­more to Kin­craig sec­tion of the A9 dualling scheme. With ref­er­ence to Draw­ing No.50499 – 103 P02, the spe­cif­ic con­cerns were:

a) Area A: The con­nec­tion of the SUDs out­let to the exist­ing water­course poten­tially encroaches on CPO plot 728; b) Area B: The access road to the pro­posed devel­op­ment encroaches on CPO plot 801; and c) Area C: The con­nec­tion of the new farm access to the exist­ing access Bal­avil House access encroaches on CPO plot 801.

1. Trans­port Scot­land con­firmed that until the above areas were addressed, Con­di­tion I could not be satisfied.
2. Fol­low­ing extens­ive dis­cus­sion with the applic­ants, Trans­port Scot­land have sub­sequently con­firmed they are sat­is­fied that the pro­pos­al will no longer impact upon the deliv­ery of the Cruben­more to Kin­craig sec­tion of the A9 Dualling Scheme and on this basis, they con­firm that con­di­tion I can be discharged.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

1. Scot­tish Envir­on­ment Pro­tec­tion Agency (SEPA) ori­gin­ally reques­ted revi­sions to the scheme and the sub­mis­sion of fur­ther inform­a­tion. Fol­low­ing the pro­vi­sion of an updated Con­struc­tion Meth­od State­ment, SEPA con­firm they remove their request for a con­di­tion to be attached to any decision as pre­vi­ously advised.
2. In rela­tion to the wash-bay, the pro­pos­al include sed­i­ment traps, an oil inter­cept­or and reed bed sys­tem, which is con­sidered accept­able provided that the wash-bay is only util­ised for wash­ing of equip­ment and not for wash­ing of pesti­cide con­tam­in­ated mater­i­als. This being the case, SEPA con­firm that no licence under the Con­trolled Activ­it­ies Reg­u­la­tions (CAR) would be required, though the rel­ev­ant CAR Gen­er­al Bind­ing Rules (GBRs) 10 and 11 would still require to be adhered to.
3. SEPA also request the applic­ant con­tacts the Per­mit­ting Team to con­firm wheth­er a CAR Author­isa­tion is required for the re-align­ment of the exist­ing ditch.
4. The High­land Coun­cil Trans­port Plan­ning Team has no objec­tion to this applic­a­tion as the only sig­ni­fic­ant impact on the Coun­cil roads will be tem­por­ary from the asso­ci­ated con­struc­tion traffic. As part of the A9 dualling pro­pos­als, the Team con­firm that the access to Bal­avil Farm is due to be changed and any approv­al for the design of the new access from the B9152 to will for­ward via the A9 dualling process.
5. The High­land Coun­cil Flood Risk Man­age­ment Team has reviewed the sub­mit­ted inform­a­tion and has no objec­tion to the related con­di­tions being purified.
6. The Team con­firm that they are sat­is­fied with the sur­face water drain­age arrange­ments in terms of water quant­ity. Storms up to and includ­ing a 200 year plus cli­mate change event will be man­aged with­in the site and dis­charge into the receiv­ing water­course will be atten­u­ated to the pre-devel­op­ment green­field run- off rates. The Team has no com­ment on the foul water drain­age arrange­ments and per­mis­sion to dis­charge treated efflu­ent should be sought from SEPA.
7. CNPA Land­scape Officer wel­comes the sub­mit­ted land­scape plan con­clud­ing that the scheme is simple but appro­pri­ate and effect­ive. The Officer ori­gin­ally reques­ted that the main­ten­ance sched­ule was altered to be cut in Octo­ber per year to allow the wild flowers to devel­op and then set seed for the next year. Fol­low­ing the applicant’s amend­ment to the scheme to reflect this, the Officer con­firms that the sub­mit­ted details fully sat­is­fy the require­ments for Con­di­tion 2, sub­sec­tions G and H.
8. The Officer also con­firms that the bound­ary fen­cing details sub­mit­ted sat­is­fy con­di­tion 2 (J).
9. CNPA Eco­logy Officer has the fol­low­ing com­ments fol­low­ing the sub­mis­sion of the revised information:

a) 2g&h- Land­scape and Main­ten­ance Plan: The main­ten­ance of wild­flower areas should be annu­al cut in late summer/​early autumn. The Officer 10

wel­comes the use of Sco­tia Seed wet mead­ow and mead­ow seed mixes for b) the new ditch sec­tion and through­out the SUDs scheme. 2m&n- Drain­age Impact Assess­ment, Final SUDs Plan & Main­ten­ance: The Officer wel­comes the inclu­sion of an oil sep­ar­at­or and reed bed sys­tem to treat wash-bay dis­charge. The Officer has no fur­ther com­ment on the pro­posed sep­tic tank and mound sys­tem fol­low­ing the addi­tion­al detail of the mound sys­tem siz­ing being provided and notes that SEPA are to advise fur­ther on this. The Officer also con­firmed that SEPA has provided com­ments on the ditch design. c) 2p- The Officer con­firms that fol­low­ing the sub­mis­sion of the loc­a­tions of the bat and bird boxes on a plan, and fol­low­ing con­firm­a­tion that the ECoW on site will be present to con­firm which spe­cies each box is tar­get­ing the Officer has no fur­ther com­ments. d) 2q- The Officer states that the Con­struc­tion Meth­od State­ment which has been provided will ensure all wild­life will be pro­tec­ted dur­ing con­struc­tion of the new farm, the exist­ing hab­it­at is pre­dom­in­antly improved and semi- improve­ment fields with a dry ditch. An eco­lo­gist will under­take pre- con­struc­tion sur­veys to check for the pres­ence of pro­tec­ted spe­cies and provide eco­lo­gic­al advice through­out the con­struc­tion peri­od. A pol­lu­tion pre­ven­tion plan has been provided to pro­tect adja­cent hab­it­ats and water­courses through­out the con­struc­tion period.

1. Kin­craig Com­munity Coun­cil were con­sul­ted but have not provided any com­ments on the details submitted.

REP­RES­ENT­A­TIONS

1. The applic­a­tion has been advert­ised and no let­ters of pub­lic rep­res­ent­a­tion have been received.

APPRAIS­AL

Back­ground and Prin­ciple of Development

1. Plan­ning per­mis­sion in prin­ciple was gran­ted by Scot­tish Min­is­ters for the site at Bal­avil Estate for the new loc­a­tion of the farm com­plex. The prin­ciple of devel­op­ment was there­fore estab­lished by the grant­ing of that per­mis­sion and the con­sid­er­a­tion of the details sub­mit­ted to puri­fy the two sus­pens­ive con­di­tions attached to the decision notice are detailed below.

Con­di­tion I- Lay­out Plan

1. Con­di­tion I, attached to the decision notice, requires the agree­ment of the lay­out of the pro­pos­al with iden­ti­fic­a­tion of the areas to be retained free from devel­op­ment as neces­sary for the deliv­ery of the A9 Dualling Scheme. Trans­port Scot­land ori­gin­ally noted that the plans as sub­mit­ted gave rise to a con­flict between the A9 dualling and the devel­op­ment. Fol­low­ing sig­ni­fic­ant dis­cus­sion between the applic­ants and Trans­port Scot­land, an agree­ment in terms of Sec­tion 53 of the Roads (Scot­land) Act 1984 has been signed by both parties, executed and registered. This regis­tra­tion binds 11

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

suc­cessors in own­er­ship of the land in ques­tion so that pro­tec­tion is required so as deliv­ery of the A9 dualling pro­pos­als is not pre­ju­diced. Trans­port Scot­land have con­firmed that fol­low­ing this agree­ment, they are sat­is­fied that the pro­pos­al will no longer impact on the A9 dualling deliv­ery. On this basis it is recom­men­ded that Con­di­tion One can be discharged.

Con­di­tion 2 Con­sid­er­a­tions Land­scape, Lay­out and Design

1. Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 pre­sumes against devel­op­ment which does not con­serve and enhance the land­scape char­ac­ter and spe­cial qual­it­ies of the Nation­al Park and in par­tic­u­lar the set­ting of the pro­posed devel­op­ment. This is rein­forced by Policy 3: New Devel­op­ment, which seeks to ensure that all new devel­op­ment is sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the sur­round­ing areas, loc­al ver­nacu­lar and loc­al dis­tinct­ive­ness. It is there­fore clear that policy requires all new devel­op­ment to enhance and com­ple­ment both the Nation­al Park and the char­ac­ter of the imme­di­ate area, using land­scape to com­ple­ment the setting.
2. The over­all site plan illus­trates the lay­out of the farm com­plex com­pris­ing a yard area and five agri­cul­tur­al build­ings with access via the cre­ation of the new access track. Build­ing mater­i­als, design and bound­ary treat­ments are all in keep­ing with oth­er mod­ern agri­cul­tur­al farm com­plexes as seen through­out the Nation­al Park and the scale, design and mater­i­als of the pro­pos­al are con­sidered to be accept­able in these cir­cum­stances. The lay­out of the build­ing and yard com­plex appears func­tion­al for its inten­ded use with a simple but appro­pri­ate land­scape scheme. The new farm com­plex would be seen in con­text with its sur­round­ings and wider farm­ing land­scape, and the scale of the build­ing com­plex does not appear incon­gru­ous in the land­scape. The addi­tion­al wood­land plant­ing along the south­ern bound­ary is con­sidered to har­mo­ni­ously tie in with the A9 Dualling Nat­ive Wood­land Plant­ing area. The CNPA Land­scape Officer wel­comes the sub­mit­ted land­scape plan and con­cludes that the scheme is effect­ive and meets the policy require­ments of Con­di­tion 2 (G) and (H). Regard­ing the bound­ary treat­ments, the Officer also con­firms that the inclu­sion of post and wire fen­cing which is a typ­ic­al agri­cul­tur­al bound­ary treat­ment is accept­able and sat­is­fies Con­di­tion 2 (J). In these over­all cir­cum­stances the sub­mit­ted details are con­sidered to sat­is­fy Con­di­tions 2 (A), (B), ©, (D), (E), (F), (G), (H), (J) and (L) in accord­ance with Policy 3: Sus­tain­able Design and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Eco­lo­gic­al Impacts

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 seeks to ensure that there is no adverse impact on the integ­rity of des­ig­nated sites, nor upon pro­tec­ted spe­cies or biodiversity.
2. Regard­ing impacts on European pro­tec­ted spe­cies, Con­di­tion 2℗ required the sub­mis­sion of the loc­a­tion of bird and bat boxes on a plan. The CNPA Eco­logy Officer has reviewed this inform­a­tion and fol­low­ing the con­firm­a­tion that the ECoW on site 12

will be present to con­firm which spe­cies each box is tar­get­ing on the build­ings, the Officer con­firms that the inform­a­tion sub­mit­ted sat­is­fies this part of the condition.

1. The present hab­it­at on site is not con­sidered to be of sig­ni­fic­ant eco­lo­gic­al value in its own right com­pris­ing pre­dom­in­antly improved and semi-improve­ment fields with a dry ditch and the CNPA Eco­logy Officer wel­comes the use of biod­iversity enhance­ments through the inclu­sion of wild­flower areas with­in the land­scap­ing for the site and the use of Sco­tia Seed wet mead­ow and mead­ow seed mixes for the new ditch sec­tions and through­out the SUDs scheme. The Officer agrees with the CNPA Land­scape Officer that Con­di­tion 2(G) and 2(H) are sat­is­fied by the inform­a­tion sup­plied. The Officer also wel­comes the inclu­sion of an oil sep­ar­at­or and reed bed sys­tem to treat wash-bay dis­charge in accord­ance with Con­di­tion 2(M) and 2(N) requirements.
2. The sub­mis­sion of the Con­struc­tion Meth­od State­ment as required by Con­di­tion 2(Q) demon­strates that all wild­life will be pro­tec­ted dur­ing con­struc­tion of the new farm, with pre-con­struc­tion sur­veys to check for the pres­ence of pro­tec­ted spe­cies pri­or to the com­mence­ment of the devel­op­ment and the con­firm­a­tion that the adja­cent hab­it­ats and water­courses will be pro­tec­ted through­out the con­struc­tion peri­od from pol­lu­tion. The CNPA Eco­logy Officer con­firms that the details sub­mit­ted sat­is­fy Con­di­tion 2(Q).
3. Regard­ing the require­ments for the sub­mis­sion of tree sur­veys and pro­tec­tion meas­ures, the sub­mit­ted inform­a­tion con­firms that the pro­pos­al will have no impact on any exist­ing trees on site and there­fore Con­di­tion 2(I) is con­sidered to be sat­is­fied in this case.
4. In these over­all cir­cum­stances, the pro­pos­al is con­sidered to accord with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Ser­vi­cing and Access

1. Policy 3: Sus­tain­able Design and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 set out the need for new devel­op­ment to be sat­is­fact­or­ily ser­viced and without harm to resources or the environment.
2. In this case, sur­face water drain­age pro­vi­sions include fil­ter strips and drains for the col­lec­tion of road and yard sur­face water run-off which joins into the SUDs basin which is to be loc­ated with­in the south­ern area of the site. The SUDS basin also dir­ectly col­lects the dis­charge from build­ing roof area water. Atten­u­ation provided with­in the basin is at Green­field run-off rate equi­val­ent. The Office facil­ity WC and asso­ci­ated facil­it­ies foul drain­age are pro­posed to be dis­charged to a sep­tic tank. A main­ten­ance sched­ule for the sur­face water drain­age pro­vi­sions has been provided not­ing the fre­quency of checks, who under­takes them and the scope of the checks.
3. The High­land Coun­cil Flood Risk Man­age­ment Team has reviewed the sub­mit­ted inform­a­tion and has no objec­tion to the related con­di­tions being pur­i­fied. SEPA has also reviewed the sub­mit­ted details and fol­low­ing the pro­vi­sion of the updated Con­struc­tion Meth­od State­ment, they have no fur­ther com­ments to make. The pro­posed wash-bay sed­i­ment traps, oil inter­cept­or and reed bay sys­tem are con­sidered 13

to be accept­able by SEPA. The drain­age details are con­sidered to be accept­able and sat­is­fy Con­di­tion 2(M) and (N) in accord­ance with Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. Regard­ing site access, details of the pro­posed access track have been provided which demon­strate its good fit with­in the topo­graphy of the area in accord­ance with the require­ments of Con­di­tion 2(E). The pro­posed sur­face of the track is stated as fibre rein­forced con­crete with a track width of 4.5 metres. The track is shown to tie-in with the exist­ing estate road. The site plan also illus­trates the inclu­sion of farm and vis­it­or park­ing areas with­in the yard com­plex togeth­er with appro­pri­ate space for vehicle turn­ing between the build­ings in accord­ance with Con­di­tion 2(L). The High­land Coun­cil Trans­port Plan­ning Team has no objec­tion to the doc­u­ments sub­mit­ted to sat­is­fy the rel­ev­ant parts of the conditions.
2. Waste man­age­ment and recyc­ling facil­it­ies are iden­ti­fied on the sub­mit­ted site plan indic­at­ing a recyc­ling bin stor­age area adja­cent to the north elev­a­tion of the sheep build­ing adja­cent to a water stor­age tank. A fur­ther recyc­ling bin stor­age area is pro­posed adja­cent the north elev­a­tion of the equip­ment, tract­or store and work­shop build­ing. The sub­mit­ted details regard­ing waste man­age­ment and recyc­ling facil­it­ies are con­sidered to sat­is­fy Con­di­tion 2® provid­ing an adequate amount to the level of the activ­ity on site.
3. A light­ing plan shows the pos­i­tion­ing of pro­posed extern­al light­ing on the new build­ings with lights pre­dom­in­antly loc­ated on the north, west­ern and east­ern elev­a­tions of the build­ings and away from the south­ern site bound­ary and as such away from the nearby trunk road. The light­ing details request the use of LED flood­lights which are com­monly used on farm com­plexes. No con­cern has been raised by con­sul­tees regard­ing the sub­mit­ted light­ing details and on this basis, the details are con­sidered to be accept­able in accord­ance with Con­di­tion 2(0).

CON­CLU­SION

1. The inform­a­tion sub­mit­ted sat­is­fact­or­ily addresses the con­di­tion require­ments attached to the plan­ning per­mis­sion in prin­ciple for the Farm relo­ca­tion (Con­di­tions I and 2 of 2018/0354/PPP).

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the fol­low­ing conditions:

Con­di­tion I of 2018/0354/PPP Con­di­tion 2 of 2018/0354/PPP

At Land 100M East Of Lyn­o­voan, Lyn­chat, Kin­gussie 14

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 26/02/2021

Inform­at­ives

1. In accord­ance with Sec­tion 59 of the Town and Coun­try Plan­ning (Scot­land) Act 1997, this per­mis­sion lapses unless you com­mence devel­op­ment with­in 2 years from the date of this approval.
2. A CAR Author­isa­tion may be required for the pro­posed re-align­ment of the ditch. On that basis the applic­ant should con­tact SEPA’s Per­mit­ting Team on waterpermitting@​sepa.​org.​uk for detailed pre-applic­a­tion dis­cus­sions so as to sat­is­fy them­selves wheth­er or not per­mis­sion is required in rela­tion to the ditch.
3. Ref­er­ence is made in the sup­port­ing inform­a­tion to a sep­tic tank to soakaway/​drain­age field. Dis­charges to ground or the water envir­on­ment from private waste water drain­age sys­tems also require pri­or CAR author­isa­tion from SEPA.
4. The applic­ant should con­tact the reg­u­lat­ory ser­vices team to revoke/​surrender or update any exist­ing author­isa­tions for the exist­ing farm, for example any CAR con­sent for the foul drain­age dis­charge or exemp­tions from Waste Man­age­ment Licen­cing (WML) etc.
5. Agri­cul­tur­al devel­op­ments should be loc­ated and designed in accord­ance with The Con­trol of Pol­lu­tion (Sil­age, Slurry and Agri­cul­tur­al Fuel Oil) (Scot­land) Reg­u­la­tions 2003 (as amended) and the Water Envir­on­ment (Con­trolled Activ­it­ies) (Scot­land) Reg­u­la­tions 2011 (as amended). Please see www​.sepa​.org​.uk/​l​a​n​d​/​a​g​r​i​c​u​l​t​u​r​e​/​a​g​r​i​c​u​l​t​u​r​a​l​_​r​e​g​u​l​a​t​i​o​n​.aspx for fur­ther advice to ensure the devel­op­ment com­plies with these regulations.
6. Man­age­ment of sur­plus peat or soils may require an exemp­tion under The Waste Man­age­ment Licen­cing (Scot­land) Reg­u­la­tions 2011. Pro­posed crush­ing or screen­ing will require a per­mit under The Pol­lu­tion Pre­ven­tion and Con­trol (Scot­land) Reg­u­la­tions 2012.

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. 15