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Item5AAKingussie23Affordable20200067DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PRO­POSED: Erec­tion of 23 afford­able houses at Land 115M NE Of Craig An Darach, High Street, Kingussie

REF­ER­ENCE: 2020/0067/DET

APPLIC­ANT: Dav­all Devel­op­ments Ltd

DATE CALLED-IN: 9 March 2020

RECOM­MEND­A­TION: Approve Sub­ject to Conditions

CASE OFFICER: Rob­bie Cal­vert, Gradu­ate Planner

CNPA Plan­ning Com­mit­tee Applic­a­tion Site

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

  1. The site lies on the east­ern edge of Kin­gussie, to the north of the A86 from which access will be taken. The site’s east­ern bound­ary fol­lows the line of Gen­er­al Wade’s Mil­it­ary Road. The site is cur­rently fields cov­er­ing approx­im­ately 1.36 hec­tares, slop­ing north­wards with the prop­erty Craig-an-Darach lying to the west. The site is read­ily vis­ible from the south from the oppos­ite side of the Strath.

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=Q6PS3MSI0CH00
TitleDraw­ing Num­berDate on Plan*Date Received
Loc­a­tion PlanAL(0)0109/02/20
Site Plan — Site Lay­out PlanAL(0)0219/12/1709/02/20
Site Plan — Site Lay­out as ExistingAL(0)02 – Rev P19/12/1709/02/20
Site Levels Plan12474÷006503024/02/2015/07/20
Rev I
Elev­a­tion Plan – House Type A — AAL(0)10 Rev A09/02/20
Elev­a­tion Plan – House Type A – AIAL(0)11 Rev A09/02/20
Elev­a­tion Plan – House Type BI –AL(0)12 Rev A
BI
Elev­a­tion Plan – House Type BI — CAL(0)13 Rev A09/02/20
Elev­a­tion Plan — House Type B – ВAL(0)14 Rev A09/02/20
B
Elev­a­tion Plan – House Type B — CAL(0)15 Rev A09/02/20
Elev­a­tion Plan – House Type C — BAL(0)16 Rev A09/02/20
Elev­a­tion Plan – House Type DAL(0)17 Rev A09/02/20
Elev­a­tion Plan – House Type EAL(0)18 Rev A09/02/20
Plan — House Type FAl(0)19 Rev A09/02/20
Plan — Land­scap­ing LayoutAL(9)01 Rev 023/01/1801/09/20
Roads Lay­out Plan12474006 – 500124/02/2018/08/20
Rev 3
Roads Lon­git­ud­in­al Sections12474006 – 501124/02/2027/05/20
Rev I
Roads Kerbing Layout12474006 – 501424/02/2018/08/20
Rev I
Roads Adop­tion Plan12474006 — 501324/02/2018/08/20
Rev I
Swept Path Analysis12474006 – 501524/02/2018/08/20
Rev 3

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

Drain­age Lay­out Plan12474006502024/02/2018/08/20
Rev 3
Drain­age Con­struc­tion Details12474006 — 502225/06/2015/07/20
Rev I
Drain­age Over­land Flow Route12474006 — 502425/06/2018/08/20
Rev 2
Drain­age Lon­git­ud­in­al Sec­tions (Foul and Sur­face Water)12474006 — 502124/02/2015/07/20
Drain­age Catch­ment Area12474006 — 500425/06/2015/07/20
SuDS Con­struc­tion Details12474006 – 502325/06/2015/07/20
Rev I
Drain­age Over­land Flow Route12474006 — 502425/06/2015/07/20
Com­bined Ser­vices Layout12474006 — 501624/05/2027/05/20
Pump­ing Sta­tion Rising Main Off-Site Connection12474÷006502525/06/2015/07/20
* Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the Ist of the month.
  1. The applic­a­tion is for a res­id­en­tial devel­op­ment and includes the erec­tion of 23 afford­able homes with asso­ci­ated access, park­ing and land­scap­ing. There will be a mix of 1, 2 and 3 bed­room prop­er­ties, and one 4 bed­room house. Access will be taken dir­ectly from the A86 trunk road. The lay­out pro­poses a spine road with houses along the west side and two short cul-de-sacs to the east. A large SUDs pond / basin will be loc­ated to the west of the site entrance.

  2. The pro­pos­al also includes a small diver­sion to an exist­ing Core Path LBS73 (Gen­er­al Wade’s Mil­it­ary Road via Ker­row) and Right of Way of approx­im­ately 20 metres in length. This will be incor­por­ated into the site adja­cent to the SUDs basin. It is pro­posed to redir­ect the right of way along a new sec­tion of foot­way along the exist­ing road (A86) for approx­im­ately 30 metres to the junc­tion with the pro­posed new access road at which point the foot­way will run for a length of approx­im­ately 20 metres before re-join­ing the core path.

  3. Cop­ies of the pro­posed plans are included in Appendix 1.

His­tory

  1. Part of this site has an act­ive plan­ning per­mis­sion (2018/0067/DET) and a Road Con­struc­tion Con­sent (19/00523/RCC) that has been ini­ti­ated. How­ever, an error in stand-off dis­tance from a Scot­tish Water mains pipe means that the ori­gin­al con­sent can­not be com­pleted. The cur­rent applic­a­tion is effect­ively a duplic­ate applic­a­tion of that pre­vi­ously con­sen­ted by the CNPA, using the same access but the with the main devel­op­ment loc­ated a few meters fur­ther from the Scot­tish Water mains pipe.

  2. The fol­low­ing details the plan­ning his­tory of the lar­ger site which this site forms part of:

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

a) 2020/0013/DET – applic­a­tion for plan­ning per­mis­sion for 22 apart­ments, form­a­tion of access road, SUDS and land­scap­ing at Land 65M South Of 22 Ker­row Drive was gran­ted plan­ning per­mis­sion on 28 August 2020. b) 2015/0317/DET – applic­a­tion under Sec­tion 42 for vari­ation or non-com­pli­ance with con­di­tions 4 (haul road), 7 (land­scap­ing) and 8 (re-seed­ing of plots) for Phase I Hous­ing Devel­op­ment of 37 ser­viced plots and 18 afford­able dwell­ings gran­ted under Plan­ning Per­mis­sion Ref. PPA-0012013 – per­mis­sion gran­ted 29 March 2017. c) 2015/0316/DET – applic­a­tion for plan­ning per­mis­sion for a haul road – plan­ning per­mis­sion gran­ted 29 March 2017. d) 2013/0190/MSC – Part I – approv­al of a num­ber of mat­ters spe­cified in con­di­tions includ­ing a mas­ter­plan of the entire site and details of lay­out and ser­vi­cing of Phase I (55 res­id­en­tial units – 37 ser­viced plots and 18 afford­able houses), con­struc­tion of a haul road to east of Phase I with new junc­tion onto A86 trunk road and pro­pos­al for res­id­en­tial access (post con­struc­tion) for Phase I to Dun­barry Road/​Dunbarry Ter­race – plan­ning per­mis­sion refused by CNPA. Sub­sequent appeal upheld by DPEA 2014 approv­ing major­ity of con­di­tions of 09/048/CP. e) 2013/0190/MSC – Part 2 – Sec­tion 42 applic­a­tion for plan­ning per­mis­sion without com­pli­ance with Con­di­tion 4 of 09/048/CP to per­mit access from Dun­barry Terrace/​Road and Ker­row Drive net­work – plan­ning per­mis­sion refused by CNPA. Sub­sequent appeal upheld by DPEA who issued a revised plan­ning per­mis­sion in prin­ciple ref­er­ence PPA-0012013 which included a new con­di­tion allow­ing 55 houses in Phase I to be accessed from the Dun­barry Terrace/​Dunbarry Road/​Kerrow Drive net­work but with access to the remain­ing phases to be taken via a single main access point onto the A86. f) 09/048/CP – devel­op­ment for hous­ing, eco­nom­ic and com­munity uses – plan­ning per­mis­sion in prin­ciple gran­ted on 18 Janu­ary 2013 fol­low­ing con­clu­sion of leg­al agreement.

  1. An applic­a­tion for the erec­tion of 23 houses (2020/0193/DET) on land north-west of the site has also been called in by the CNPA.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al PolicyScot­tish Plan­ning Policy 2014
Stra­tegic PolicyCairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022
Loc­al Plan PolicyCairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015)
Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross
POLICY INEW HOUS­ING DEVELOPMENT
POLICY 2SUP­PORT­ING ECO­NOM­IC GROWTH
POLICY 3SUS­TAIN­ABLE DESIGN
POLICY 4NAT­UR­AL HERITAGE
POLICY 5LAND­SCAPE
POLICY 6THE SIT­ING AND DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIPMENT
X

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

POLICY 7RENEW­ABLE ENERGY
POLICY 8SPORT AND RECREATION
POLICY 9CUL­TUR­AL HERITAGE
POLICY 10RESOURCES
POLICYDEVELOPER 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/LDP15.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 INew Hous­ing Devel­op­ment Non-Stat­utory Guid­anceX
Policy 2Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance
Policy 3Sus­tain­able Design Non-Stat­utory GuidanceX
Policy 4Nat­ur­al Her­it­age Sup­ple­ment­ary GuidanceX
Policy 5Land­scape Non-Stat­utory GuidanceX
Policy 7Renew­able Energy Sup­ple­ment­ary Guidance
Policy 8Sport and Recre­ation Non-Stat­utory Guidance
Policy 9Cul­tur­al Her­it­age Non-Stat­utory Guidance
Policy 10Resources Non-Stat­utory GuidanceX
Policy 11Developer Con­tri­bu­tions Sup­ple­ment­ary GuidanceX

Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2019

  1. The emer­ging Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (“Pro­posed Plan”) which will cov­er the peri­od of 20202025 is cur­rently being pro­gressed. The DPEA Exam­in­a­tion report has been pub­lished and the CNPA is now mak­ing neces­sary changes recom­men­ded by the report­ers. The pro­posed LDP is a mater­i­al con­sid­er­a­tion in plan­ning decisions.

CON­SULTA­TIONS

Sum­mary of the Main Issues Raised by Consultees

  1. Trans­port Scot­land advised that they had no objec­tion to pro­pos­als with appro­pri­ate con­di­tions attached to ensure adequate access to the site is formed with appro­pri­ate vis­ib­il­ity splays.

  2. Scot­tish Water advised that they had no objec­tion to proposals.

  3. High­land Coun­cil Forestry Officer reques­ted fur­ther inform­a­tion includ­ing a tree sur­vey, tree con­straints plan and arbor­i­cul­tur­al impact assess­ment. Works to remove the trees on site to form the vis­ib­il­ity splay were sub­sequently under­taken under the

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

pre­vi­ous plan­ning per­mis­sion (2018/0067/DET) so this inform­a­tion is no longer required.

  1. High­land Coun­cil Flood Man­age­ment Team ini­tially objec­ted to the pro­posed drain­age strategy for the devel­op­ment and sought fur­ther inform­a­tion. Fol­low­ing the sub­mis­sion of addi­tion­al inform­a­tion they have with­drawn their objec­tion, how­ever they recom­mend that the High­land Coun­cil Trans­port Plan­ning Team are con­sul­ted to ensure that the road drain­age pro­pos­als are accept­able and suit­able for vest­ing along with Scot­tish Water under the rel­ev­ant legis­la­tion. They also note that the sur­face water dis­charge point is into an exist­ing trunk road drain­age point and as such agree­ment from Trans­port Scot­land and Scot­tish Water should be sought. They recom­mend a con­di­tion that the final drain­age design is sub­mit­ted for review and approv­al and that Scot­tish Water are will­ing to adopt the net­work and Trans­port Scot­land will accept sur­face water dis­charge from the site to their exist­ing network.

  2. High­land Coun­cil Trans­port Plan­ning Team ini­tially objec­ted to the pro­posed devel­op­ment, how­ever addi­tion­al inform­a­tion sub­mit­ted by the applic­ants has addressed these con­cerns. They do recom­mend con­di­tions relat­ing to private car­park­ing spaces, pro­vi­sion of dis­able park­ing, pro­vi­sion of new bus shel­ters and real- time inform­a­tion dis­plays at the two nearest bus stops.

  3. CNPA Out­door Access Officer are sat­is­fied that the short diver­sion of the core path and Right of Way does not have a sig­ni­fic­ant impact on pub­lic access and that the devel­op­ment will oth­er­wise main­tain access and con­nect sat­is­fact­or­ily to oth­er path links.

  4. CNPA Eco­logy Officer ini­tially reques­ted fur­ther inform­a­tion which was sub­sequently provided to address all issues identified.

  5. CNPA Land­scape Officer ini­tially reques­ted cla­ri­fic­a­tion and addi­tion­al inform­a­tion with the issues sub­sequently addressed. The CNPA Land­scape Officer con­firmed that the level inform­a­tion provided suf­fi­cient and con­cluded that there will be an accept­able fit of the hous­ing to the topography.

  6. Com­munity Coun­cil was con­sul­ted have not made any com­ments at the time of writing.

REP­RES­ENT­A­TIONS

  1. No rep­res­ent­a­tions for this applic­a­tion have been received.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

APPRAIS­AL

Prin­ciple

  1. Policy 1: New Hous­ing Devel­op­ment, of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 sup­ports new hous­ing with­in iden­ti­fied set­tle­ment bound­ar­ies, where they are on iden­ti­fied sites. The site forms part of lar­ger iden­ti­fied site which already has con­sent for res­id­en­tial devel­op­ment. Policy 1.5 sup­ports applic­a­tions for 100% afford­able hous­ing where it is sup­por­ted by evid­ence. In this case the hous­ing is being provided for afford­able hous­ing pro­viders as a dir­ect res­ult of the rel­ev­ant hous­ing need and demand assess­ment, Hous­ing Strategy and High­land Council’s Stra­tegic Hous­ing Invest­ment Plan.

  2. The pro­vi­sion of afford­able homes is also a key object­ive of the Cairngorms Nation­al Park Part­ner­ship Plan 20172022. The Plan high­lights that it is cur­rently hard for many house­holds that work with­in the Nation­al Park to access hous­ing on the open mar­ket giv­en that aver­age incomes are rel­at­ively low and house prices high.

  3. The prin­ciple of the pro­posed devel­op­ment is con­sidered to be accept­able in terms of policy, sub­ject to com­pli­ance with oth­er rel­ev­ant Loc­al Devel­op­ment Plan policies.

Lay­out, Amen­ity and Design

  1. Policy 1: New Hous­ing Devel­op­ment and Policy 3: Sus­tain­able Design, of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 seek to rein­force and enhance the char­ac­ter of the exist­ing set­tle­ment and encour­ages new devel­op­ment to be sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the area whilst encour­aging innov­at­ive design and fin­ishes. The pro­posed lay­out takes ref­er­ence from the con­straints of the exist­ing land­form with prop­er­ties to the west address­ing a cent­ral spine road at the base of a slope. Prop­er­ties to the east are loc­ated off two short cul- de-sacs. The site is on the edge of the set­tle­ment and the pro­posed lay­out and dens­ity respects the more open char­ac­ter of this part the town. On this basis the pro­pos­als com­ply with Policies I and 3.

  2. In terms of res­id­en­tial amen­ity Policy 3: Sus­tain­able Design, of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 seeks to ensure that new devel­op­ment pro­tects the amen­ity cur­rently enjoyed by neigh­bours and affords suf­fi­cient private amen­ity ground and off street park­ing. Each prop­erty will be set with­in reas­on­ably sized plots with suf­fi­cient dis­tance between them to ensure there will be no issues of over­look­ing and loss of pri­vacy and an adequate level of amen­ity will be afforded to future occu­pants. The closest res­id­en­tial prop­erty (Craig an Darach) is also loc­ated a suf­fi­cient dis­tance from the pro­posed devel­op­ment and as such their amen­ity will be pro­tec­ted. Each dwell­ing also has its own private garden and car park­ing pro­vi­sion. The pro­pos­al there­fore com­plies with Policy 3 in this respect.

  3. Finally in terms of design, Policy 3: Sus­tain­able Design, of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 requires that all new devel­op­ment deliv­ers high stand­ards of design and con­trib­utes to the sense of place. It should min­im­ise the effect of cli­mate change and make sus­tain­able use of resources. The proposed

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

dwell­ings will be a mix of bun­ga­lows and two storey dwell­ings which will incor­por­ate tra­di­tion­al pro­por­tions, fea­tures and fin­ish­ing mater­i­als. Accord­ingly the pro­posed devel­op­ment com­plies with Policy 3 in terms of design.

Land­scape Issues

  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.

  2. This site forms part of a lar­ger site which has been sub­ject to a full land­scape assess­ment pre­vi­ously. Object­ives for the site have been iden­ti­fied as fol­lows: a) To devel­op a char­ac­ter which links with, and in time will con­tin­ue the well treed char­ac­ter of the set­tle­ment of Kin­gussie; b) To provide a strong land­scape struc­ture that gives an attract­ive intern­al char­ac­ter to the devel­op­ment with a bal­ance between enclos­ure, shel­ter, views out and sol­ar gain; c) To intro­duce planted cor­ridors’ which cre­ate visu­al and biod­iversity con­nectiv­ity across the site and oppor­tun­it­ies for con­nectiv­ity for people; and d) To have a land­scape man­age­ment plan and main­ten­ance regimes in place which will secure the deliv­ery of the above.

  3. Decisions taken on the wider site have sup­por­ted the need to ensure a suit­able land­scape set­ting is estab­lished and main­tained for new devel­op­ment here. The cur­rent applic­a­tion is for a much smal­ler site, how­ever, the land­scap­ing pro­pos­als endeav­our to address these object­ives. Cla­ri­fic­a­tion and addi­tion­al inform­a­tion was sought by the Land­scape Advisor and issues raised have now been addressed. The CNPA Land­scape Officer con­cluded that the pro­posed hous­ing will fit accept­ably to the topo­graphy of the site.

  4. A land­scape main­ten­ance sched­ule forms part of the sub­mis­sion which will ensure the pro­posed land­scap­ing scheme is main­tained and the land­scape set­ting and char­ac­ter of the pro­posed devel­op­ment safe­guarded in the long term.

  5. The pro­posed devel­op­ment is there­fore con­sidered to com­ply with Policy 5: Land­scape of the Cairngorms Nation al Park Loc­al Devel­op­ment Plan 2015.

Envir­on­ment­al Issues

  1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Devel­op­ment Plan 2015 seeks to restrict devel­op­ment that would have an adverse impact on pro­tec­ted spe­cies and where this can­not be avoided that appro­pri­ate mit­ig­a­tion meas­ures are provided.

  2. Con­cerns were expressed by con­sul­tees over requir­ing refreshed bat roost sur­veys for the mature Scots Pine trees on the south side of Wade’s Road before their remov­al. The trees were sub­sequently removed under the act­ive plan­ning con­sent to

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

form the vis­ib­il­ity splay under the cur­rent plan­ning per­mis­sion (2018/0067/DET). There is there­fore no fur­ther require­ment for tree sur­veys or bat roost surveys.

  1. The pro­posed devel­op­ment incor­por­ates sub­stan­tial tree plant­ing of vary­ing size and spe­cies around the bound­ary and with­in the site adja­cent to the SUDs basin, as recom­men­ded by the Land­scape Advisor. This will com­pensate for the pro­posed tree loss and will encour­age wild­life poten­tial onto the site. It is also pro­posed to include mead­ow mix grassed areas which, with a reduced cut­ting régime, will provide a flor­al resource to the bene­fit of wild­life and the eco­lo­gic­al value of the site.

  2. The pro­posed devel­op­ment is there­fore con­sidered to com­ply with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation al Park Loc­al Devel­op­ment Plan 2015.

Flood­ing and Sur­face Water Drainage

  1. Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 requires that all devel­op­ment should be free from sig­ni­fic­ant risk of flood­ing, not increase the risk of flood­ing else­where, not add to the area of land requir­ing flood pre­ven­tion meas­ures and not affect the abil­ity of the func­tion­al flood plain to store or move flood waters. The policy also requires that all devel­op­ment should avoid det­ri­ment­al impacts on the water envir­on­ment, with exist­ing and poten­tial impacts up and down­stream of the devel­op­ment, par­tic­u­larly in respect of poten­tial flood­ing, to be addressed. It pre­sumes against unne­ces­sary cul­vert­ing of water­courses and any unne­ces­sary engin­eer­ing works in the water envir­on­ment. This policy also requires that sur­face water be treated in accord­ance with the SUDs manual.

  2. The Coun­cil are now sat­is­fied with the pro­posed drain­age design but recom­mend a con­di­tion for the final design to be sub­mit­ted for approv­al. This should also seek the agree­ment from Scot­tish Water to adopt the net­work and from Trans­port Scot­land that they will accept sur­face water dis­charge from the site to their exist­ing network.

  3. Sub­ject to the appro­pri­ate con­di­tions the pro­posed devel­op­ment is con­sidered to com­ply with Policy 10: Resources 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 seek any new devel­op­ment to sat­is­fact­or­ily ser­vices and without caus­ing harm to resources or the environment.

  2. The Trans­port Plan­ning Team are now sat­is­fied with the pro­pos­als. Issues that remain can addressed through appro­pri­ate con­di­tions. The tech­nic­al issues they have raised will addressed through the Road Con­struc­tion Con­sent (RCC) pro­cess which is sep­ar­ate from the plan­ning process.

  3. Sub­ject to appro­pri­ate con­di­tions, the pro­posed devel­op­ment is con­sidered to be in accord­ance with Policy 3 and Policy 10 of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

Infra­struc­ture and Developer Contributions

  1. Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 states that where devel­op­ment gives rise to a need to increase or improve pub­lic ser­vices, facil­it­ies or infra­struc­ture, or mit­ig­ate adverse effects, then the developer will nor­mally be required to make a fair and reas­on­able con­tri­bu­tion towards addi­tion­al costs or requirements.

  2. There is capa­city at both the catch­ment Primary and Sec­ond­ary schools to accom­mod­ate this devel­op­ment and as such no mit­ig­a­tion is neces­sary. No fur­ther improve­ments to exist­ing ser­vices and facil­it­ies have been iden­ti­fied there­fore there is no require­ment for the applic­ants to make any con­tri­bu­tions in this instance.

CON­CLU­SION

  1. The pro­posed devel­op­ment is for 100% afford­able hous­ing in a loc­a­tion where it will help meet loc­al need. The site is con­sidered cap­able of being developed and ser­viced in this way without sig­ni­fic­ant land­scape or envir­on­ment­al effects. The remain­ing points of detail that have not been suf­fi­ciently addressed through the applic­a­tion can resolved by apply­ing con­di­tions to ensure they are resolved. Sub­ject to those con­di­tions, the pro­posed devel­op­ment is con­sidered to fully com­ply with the Loc­al Devel­op­ment Plan and we recom­mend approv­al of the application.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to approve the Erec­tion of 23 afford­able houses at Land 115M NE Of Craig An Darach High Street Kin­gussie 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 works shall com­mence on site until vis­ib­il­ity splays have been provided (and will be main­tained) on each side of the new access to the sat­is­fac­tion of the Cairngorms Park Plan­ning Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning Team and Trans­port Scot­land. These splays are the tri­angles of ground bounded on 2 sides by the first 4.5 metres of the centreline of the access drive­way (the set back dimen­sion) and the nearside trunk road car­riage­way meas­ured 160 metres to the right and 215 metres to the left (the y dimen­sion) from the inter­sec­tion of the access with the trunk road. In a ver­tic­al plane, noth­ing shall obscure vis­ib­il­ity meas­ured from a driver’s eye height of between 1.05 metres and 2.00 metres posi­tioned at the set back dimen­sion to an object height of between 0.26 metres and 1.05 metres any­where along the y dimension.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

Reas­on: In the interests of road safety and to ensure safe access and egress for the devel­op­ment and with min­im­um inter­fer­ence to the safety and free flow of traffic on the trunk road in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

  1. No devel­op­ment shall com­mence until full details of the final drain­age design are sub­mit­ted to and approved in writ­ing to the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Council’s Trans­port Plan­ning and Flood Man­age­ment teams. These shall also include con­firm­a­tion from Scot­tish Water that they are will­ing to adopt the net­work and Trans­port Scot­land are will­ing to accept sur­face water dis­charge from the site to their exist­ing network.

The approved drain­age scheme shall be imple­men­ted and main­tained in accord­ance with the approved details in full pri­or to the occu­pa­tion of any dwell­ings with­in the development.

Reas­on: To ensure that sat­is­fact­ory arrange­ments for the dis­pos­al of sur­face water are provided in accord­ance with the approved details in full pri­or to the occu­pa­tion of any dwell­ings with­in the development.

  1. No devel­op­ment shall com­mence until either: A. a scheme for the deliv­ery of two bus shel­ters and real-time inform­a­tion dis­plays for the two nearest bus stops is sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Pub­lic Trans­port unit. The scheme shall include details of the design, loc­a­tions, asso­ci­ated ground­works /​site works and a timetable for deliv­ery. The shel­ters and real-time inform­a­tion dis­plays shall there­after be installed and retained in accord­ance with the approved details; or B. High­land Coun­cil Pub­lic Trans­port unit con­firm their sat­is­fac­tion with oth­er arrange­ments for the deliv­ery of two bus shel­ters and real time inform­a­tion displays.

Reas­on: To pro­mote and facil­it­ate the use of pub­lic trans­port and sus­tain­able travel in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

  1. No devel­op­ment shall com­mence on site until revised park­ing arrangements/​driveways that meet the High­land Council’s Roads and Trans­port Guidelines for New Devel­op­ment for plots 1, 12, 14 and 15 are sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning Team.

There­after the devel­op­ment shall be imple­men­ted in accord­ance with the approved details.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

Reas­on: To ensure the pro­vi­sion of sat­is­fact­ory off-street park­ing in the interests of road safety and in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015

  1. No devel­op­ment shall com­mence on site until dis­abled park­ing pro­vi­sion that meets the High­land Council’s Roads and Trans­port Guidelines for New Devel­op­ment is sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning Team.

Reas­on: To ensure the pro­vi­sion of sat­is­fact­ory dis­abled park­ing spaces in the interests of road safety and in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015

  1. No devel­op­ment shall com­mence on site until the new access is formed and the exist­ing access to the site is closed off.

Reas­on: To ensure that the use of the exist­ing access is dis­con­tin­ued and the safety of traffic on the trunk road is improved.

  1. The devel­op­ment hereby approved shall be con­struc­ted in accord­ance with the approved plans and sections.

Reas­on: To ensure that the devel­op­ment con­serves and enhances the land­scape char­ac­ter of the area in accord­ance with Policy 5: Land­scape and Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

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 applic­ant should be informed that the grant­ing of plan­ning con­sent does not carry with it the right to carry out works with­in the trunk round bound­ary and that per­mis­sion must be gran­ted by Trans­port Scot­land Trunk Road and Bus Oper­a­tions. Where any works are required on the trunk road, con­tact details are provided on Trans­port Scotland’s response to the plan­ning author­ity which is avail­able on the Council’s plan­ning portal.

  3. Trunk road modi­fic­a­tion works shall, in all respects, com­ply with the Design Manu­al for Roads and Bridges and the Spe­cific­a­tion for High­way Works pub­lished by HMSO. The developer shall issue a cer­ti­fic­ate to that effect, signed by the design organisation

  4. Trunk road modi­fic­a­tions shall, in all respects, be designed and con­struc­ted to arrange­ments that com­ply with the Dis­ab­il­ity Dis­crim­in­a­tion Act: Good Prac­tice Guide

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 5 25/09/2020

  1. for Roads pub­lished by Trans­port Scot­land. The developer shall provide writ­ten con­firm­a­tion of this, signed by the design organisation.

  2. The road works which are required due to the above Con­di­tions will require a Road Safety Audit as spe­cified by the Design Manu­al for Roads and Bridges.

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

  4. The per­son under­tak­ing the devel­op­ment is required to give the Plan­ning Author­ity pri­or writ­ten noti­fic­a­tion of the date on 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.

  5. 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.

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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