CAIRNGORMS NATION­AL PARK AUTHORITY

Plan­ning Com­mit­tee Item 5 14/06/2024

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Erec­tion of 6no. houses (3 blocks of semi­de­tached) at Land 65M South Of 22 Ker­row Drive Kingussie

REF­ER­ENCE: 2024/0005/DET

APPLIC­ANT: Dav­all Devel­op­ments Ltd

DATE CALLED-IN: 15 Janu­ary 2024

RECOM­MEND­A­TION: Approve sub­ject to conditions

CASE OFFICER: Colin Bry­ans Seni­or Plan­ning Officer

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SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The applic­a­tion site con­sists of 0.295 hec­tares of improved graz­ing land loc­ated on the north-west side of Kingussie.

2. The site com­prises the south­ern most por­tion of a con­sen­ted, but not yet con­struc­ted, res­id­en­tial devel­op­ment of 22 two-bed­room apart­ments with asso­ci­ated access, park­ing and land­scap­ing (2020/0013/DET).

3. The site forms part of the wider Kin­gussie des­ig­nated hous­ing site H1, loc­ated between Ard­broilach Road and Craig an Darach, as des­ig­nated in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 (LDP). The mas­ter­plan for this wider site had per­mis­sion for up to 300 houses but this per­mis­sion and asso­ci­ated con­di­tions has now expired (2015/0316/DET and 2015/0317/DET).

4. Vehicu­lar access is pro­posed from Ker­row Drive (U3304) to the north-east which con­nects to Dun­barry Ter­race, Dun­barry Road and the High Street. Inform­al paths run through the site and con­nect it to sur­round­ing devel­op­ments, includ­ing a con­nec­tion to Camp­bell Cres­cent. To the north-west of the site runs the core path to Tombaraidh Wood (Core path ref: LBS71).

5. The site slopes from south east to north west and the takes the form of a rect­angle. The site sits south­w­est of Ker­row Drive and north of Camp­bell Cres­cent sur­roun­ded by exist­ing houses ran­ging from 1 to 2 storey. Bound­ing the site to the west and south-west is a small wood­land con­sist­ing primar­ily of con­ifer trees.

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:

https://​www​.eplan​ningcnpa​.co​.uk/​o​n​l​i​n​e​-​a​p​p​l​i​c​a​t​i​o​n​s​/​a​p​p​l​i​c​a​t​i​o​n​D​e​t​a​i​l​s​.​d​o​?​a​c​t​i​v​e​T​a​b​=​d​o​c​u​m​e​n​t​s​&​k​e​y​V​a​l​=​S​7​1​T​R​P​S​I​0​C​P​0​0​&​d​o​c​u​m​e​n​t​O​r​d​e​r​i​n​g​.​o​r​d​e​r​B​y​=​d​a​t​e​&​d​o​c​u​m​e​n​t​O​r​d​e​r​i​n​g​.​o​r​d​e​r​D​i​r​e​c​t​i​o​n​=​d​e​s​c​e​nding

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Title	Draw­ing Num­ber	Date on Plan*	Date Received
Plans
Plan — Loc­a­tion Plan	313553 PL 001	21/12/23	11/01/24
Plan — Site Plan	313553 PL 002	20/12/23	10/04/24
Plan — Site Plan B	313553 PL 002	20/12/23	10/04/24
Plan — Semi-detached floor plans and elevations	313553 PL 003	21/12/23	11/01/24
Plan — Drain­age Layout	12474−004−920	01/03/24	26/03/24
Plan – Drain­age ser­vitude drawing	12474−004−926	01/03/24	26/03/24
Site Plan — Land drainage	12474−004−960	01/03/24	26/03/24
Plan – Roads layout	12474−004−910	01/04/24	10/04/24
Sup­port­ing Information
Oth­er — Semi detached 3D views sheet 1	313553 PL 004	21/12/23	11/01/24
Oth­er — Semi detached 3D views sheet 2	313553 PL 005	21/12/23	11/01/24
Oth­er — Over­land flow ana­lys­is under­ground stor­age 30yr only	12474−004−926	01/03/24	26/03/24
Oth­er — Site levels	12474−004−930	01/03/24	26/03/24
Oth­er – Water main layout	12474−004−950	01/03/24	26/03/24
Oth­er — Water mains ser­vitude layout	12474−004−951	01/03/24	26/03/24
Oth­er – Roads adop­tion Plan	12474−004−910	01/04/24	10/04/24
Oth­er – Plan­ning and design statement	N/A	01/01/24	11/01/24

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

1. Plans of the pro­pos­als are included with­in Appendix I.

2. The applic­a­tion seeks full plan­ning per­mis­sion for the erec­tion of 6 semi-detached houses, accom­mod­ated in 3 build­ings. The con­sen­ted scheme for the wider site (2020/0013/DET) con­sists of 22, two-

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1. bed­room apart­ments accom­mod­ated with­in five ​‘two up two down’, 2 storey blocks with four flats in a block and one, 2 storey build­ing with two flats. The con­sen­ted lay­out includes a spine road with 2 storey blocks to the east and south, a short cul-de-sac to the east, and a SUDs basin to the south-east of the site. This applic­a­tion seeks to replace one of the ​‘two up two down blocks and the single block of two flats to the south west corner of the site with three blocks of semi-detached houses. Each house would have 3 bed­rooms. The lay­out of the wider pro­pos­al site remains unchanged con­sist­ing of a spine road, with houses to the east and south, and a short cul-de-sac to the east.

2. The drain­age and SuDS infra­struc­ture serving the wider site has plan­ning per­mis­sion (2020/0013/DET) and this pro­pos­al includes only minor changes to this con­sen­ted lay­out. The loc­a­tion of the sur­face water cel­lu­lar stor­age area in the west­ern part of the site has now been mod­i­fied to ensure it is at an access­ible loc­a­tion out­side the plot boundaries.

3. Vehicu­lar access will be provided through a new 5.5m wide adop­ted spur road from the U3304. Exist­ing inform­al paths links will be form­al­ised with 2m wide path links to Camp­bell Cres­cent to the south east.

4. Foul water from each prop­erty will drain by grav­ity con­nect­ing to exist­ing foul sew­er with­in Camp­bell Cres­cent. Sur­face water will be dealt with by way of below ground stor­age. It is pro­posed that the foul and sur­face water sew­ers togeth­er will be adop­ted and main­tained by Scot­tish Water.

5. Pro­posed fin­ishes for all house types are indic­ated as being a mix­ture of weather­board, tim­ber and white render with grey con­crete roof tiles. Win­dows will be tim­ber framed and rain­wa­ter goods will be black uPVC.

6. A total of 6 car park­ing spaces have been provided.

7. The hous­ing pro­posed is for sub­sid­ised hous­ing under the Help to Buy (Scot­land) Afford­able New Build Scheme.

8. A Plan­ning and Design State­ment has been provided in sup­port of the application.

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His­tory

1. The fol­low­ing details of the plan­ning his­tory for the pro­posed site are as follows:
   • a. 2020/0013/DET – applic­a­tion for plan­ning per­mis­sion for the erec­tion of 22 apart­ments, form­a­tion of access road, SUDS, land­scap­ing – per­mis­sion gran­ted 01 Septem­ber 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 1 Hous­ing Devel­op­ment of 37 ser­viced plots and 18 afford­able dwell­ings gran­ted under Plan­ning Per­mis­sion Ref. PPA-001‑2013 – 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 1 – approv­al of a num­ber of mat­ters spe­cified in con­di­tions includ­ing a mas­ter­plan of the entire site and details of lay­out and ser­vi­cing of Phase 1 (55 res­id­en­tial units – 37 ser­viced plots and 18 afford­able houses), con­struc­tion of a haul road to east of Phase 1 with new junc­tion onto A86 trunk road and pro­pos­al for res­id­en­tial access (post con­struc­tion) for Phase 1 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-001‑2013 which included a new con­di­tion allow­ing 55 houses in Phase 1 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.

DEVEL­OP­MENT PLAN CONTEXT

Policies

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Nation­al Policy
	Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045
	Officer will delete policies that are not relevant
POLICY 1	Tack­ling the Cli­mate and Nature Crises	X
POLICY 2	Cli­mate Mit­ig­a­tion and Adaptation	X
POLICY 3	Biod­iversity	X
POLICY 4	Nat­ur­al Places	X
POLICY 5	Soils
POLICY 6	Forestry, Wood­land and Trees
POLICY 7	His­tor­ic Assets and Places
POLICY 8	Green Belts
POLICY 9	Brown­field, Vacant and Derel­ict Land, and Empty Buildings
POLICY 11	Energy
POLICY 12	Zero Waste
POLICY 13	Sus­tain­able Transport
POLICY 14	Design, Qual­ity and Place	X
POLICY 15	Loc­al Liv­ing and 20 Minute Neighbourhoods
POLICY 16	Qual­ity Homes	X
POLICY 17	Rur­al Homes	X
POLICY 18	Infra­struc­ture First
POLICY 19	Heat­ing and Cooling
POLICY 20	Blue and Green Infrastructure
POLICY 21	Play, Recre­ation and Sport
POLICY 22	Flood Risk and Water Management	X
POLICY 23	Health and Safety
POLICY 24	Digit­al Infrastructure
POLICY 25	Com­munity Wealth Building
POLICY 26	Busi­ness and Industry
POLICY 27	City, Town, Loc­al and Com­mer­cial Centres
POLICY 28	Retail
POLICY 29	Rur­al Development
POLICY 30	Tour­ism
POLICY 31	Cul­ture and Creativity
POLICY 32	Aquacul­ture
POLICY 33	Min­er­als
Stra­tegic Policy	Cairngorms Nation­al Park Part­ner­ship Plan 2022 – 2027
Loc­al Plan Policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 (LDP)

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	Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross
POLICY 1	NEW HOUS­ING DEVELOPMENT	X
POLICY 2	SUP­PORT­ING ECO­NOM­IC GROWTH
POLICY 3	DESIGN AND PLACEMAKING	X
POLICY 4	NAT­UR­AL HERITAGE	X
POLICY 5	LAND­SCAPE	X
POLICY 6	THE SIT­ING AND DEISGN 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 OBLIG­A­TIONS	X

17.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:

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

Plan­ning Guidance

1. Sup­ple­ment­ary guid­ance also forms part of the Loc­al Devel­op­ment Plan and provides more details about how to com­ply with the policies. Guid­ance that is rel­ev­ant to this applic­a­tion is marked with a cross.

Policy 1	Hous­ing Sup­ple­ment­ary Guidance	X
Policy 2	Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance
Policy 3	Design and Place­mak­ing Non-Stat­utory Guidance	X
Policy 4	Nat­ur­al Her­it­age Non-Stat­utory Guidance	X
Policy 5	Land­scape Non-Stat­utory Guidance	X
Policy 7	Renew­able Energy Non-Stat­utory Guidance
Policy 8	Open Space, Sport and Recre­ation Non-Stat­utory Guidance
Policy 9	Cul­tur­al Her­it­age Non-Stat­utory Guidance
Policy 10	Resources Non-Stat­utory Guidance	X
Policy 11	Developer Oblig­a­tions Sup­ple­ment­ary Guidance	X

CON­SULTA­TIONS

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

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1. Scot­tish Water advised that they have no objec­tion to the pro­posed development.

2. The High­land Coun­cil (Trans­port Plan­ning Team) has no objec­tions to the pro­pos­al how­ever, recom­mend the install­a­tion of two grit bins to serve the wider site. An inform­at­ive has been included to advise the applic­ants of this.

3. The High­land Coun­cil (Flood Risk Man­age­ment Team) has no objec­tions to the pro­pos­al sub­ject to a con­di­tion requir­ing the pri­or approv­al of the sur­face water drain­age infra­struc­ture and Scot­tish Water’s will­ing­ness to vest the drain­age network.

4. CNPA Out­door Access Officer has no objec­tions to the pro­pos­al sub­ject to plan­ning condition(s) ensur­ing that the design and spe­cific­a­tions of private foot­paths meets High­land Coun­cil guidance.

5. CNPA Eco­logy Officer advised that the site is of low eco­lo­gic­al value and is sat­is­fied that con­di­tions can be applied to address poten­tial impact on spe­cies and hab­it­ats, and the need for biod­iversity enhancement.

6. CNPA Land­scape Officer has no objec­tions to the proposal.

7. Kin­gussie Com­munity Coun­cil advised that they sup­port the proposal.

REP­RES­ENT­A­TIONS

1. One let­ter of objec­tion was received which is attached in Appendix 2.

2. The object­or high­lights issues relat­ing to drain­age, flood­ing, design, dens­ity, lay­out and eco­logy. A num­ber of issues raised by the object­or relate to the wider site and the devel­op­ment con­sen­ted under applic­a­tion Ref: 2020/0013/DET.

APPRAIS­AL

1. LDP Policy 16: Qual­ity Homes of NPF4 sup­ports devel­op­ment for new homes that improve afford­ab­il­ity and choice by being adapt­able to chan­ging and diverse needs, and which address iden­ti­fied gaps in

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pro­vi­sion. NPF4 Policy 17: Rur­al homes encour­ages the deliv­ery of high qual­ity, afford­able and sus­tain­able rur­al homes in the right loc­a­tions, sup­por­ted by LDP policies and allocations.

1. LDP Policy 1: New Hous­ing Devel­op­ment, offers clear sup­port for devel­op­ment on sites iden­ti­fied in the Plan, sub­ject to com­pli­ance with all oth­er rel­ev­ant plan­ning policies. The prin­ciple of hous­ing on this site is well estab­lished by both Loc­al Devel­op­ment Plan des­ig­na­tions and pre­vi­ous con­sents. The con­sen­ted scheme for the wider site is for 22, two bed­room apart­ments. This applic­a­tion pro­poses six semi- detached houses in place of two blocks of flats accom­mod­at­ing six apart­ments. Policy 1.4: Design­ing for Afford­ab­il­ity and Spe­cial­ist Needs states that res­id­en­tial devel­op­ments will be required to provide a mix of dwell­ing types and sizes to help secure a bal­anced hous­ing stock, with an emphas­is on smal­ler dwellings.

2. In terms of dwell­ing houses, it is recog­nised that there is a dis­pro­por­tion­ately high num­ber of lar­ger, detached houses with­in the Nation­al Park, which has res­ul­ted in hous­ing stock that is does not sat­is­fy loc­al hous­ing needs for smal­ler, more afford­able fam­ily homes. Policy 1.4 seeks to ensure that both afford­able and mar­ket hous­ing focuses on deliv­er­ing smal­ler dwell­ings in terms of num­bers of bed­rooms and pub­lic rooms. The pro­posed devel­op­ment would intro­duce a more var­ied choice of smal­ler homes onto the site.

3. Policy 1.5 Afford­able hous­ing: seeks that all new res­id­en­tial devel­op­ment of 4 or more units provides for a min­im­um of 25% afford­able hous­ing pro­vi­sion. The pro­posed devel­op­ment is for open mar­ket hous­ing tar­geted at first time buy­ers. The applic­ants are aware of a strong loc­al demand for homes for young work­ing fam­il­ies in the loc­al area and have delib­er­ately designed the pro­pos­al to help that loc­al mar­ket. While the homes will not meet a tra­di­tion­al afford­able hous­ing cri­ter­ia, they are sold through the Government’s scheme to assist first time buy­ers and expli­citly tar­gets loc­al demand for hous­ing in a group of people who find it dif­fi­cult to access the hous­ing mar­ket. Officers con­sider that the devel­op­ment meets a mid- mar­ket hous­ing need with­in the area and that it exceeds the 25% afford­able hous­ing require­ment of Policy 1.5 and argu­ably also meets the 100% afford­able hous­ing tar­get of policy 1.6. The pro­posed change from six flat­ted units to six smal­ler, semi-detached houses is con­sidered accept­able and accords with NPF4 Policy 16 and Policy 1.4 and 1.5 of the LDP.

4. In these cir­cum­stances the prin­ciple of devel­op­ing this land is wel­comed and it is there­fore the detail of the sub­mis­sions that is to be con­sidered with this application.

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Land­scape Issues, Lay­out and Design

1. NPF4 Policy 14: Design, Qual­ity and Place requires devel­op­ment pro­pos­als to improve the qual­ity of an area and meet the six qual­it­ies of suc­cess­ful places.

2. LDP Policy 5: Land­scape pre­sumes against devel­op­ment which does not con­serve and enhance the land­scape char­ac­ter and spe­cial qual­it­ies of the Nation­al Park and the set­ting of the pro­posed development.

3. This is rein­forced by Policy 3: Design and Place­mak­ing, which seeks to ensure that all new devel­op­ment meet the six qual­it­ies of suc­cess­ful places, namely that they are to be:

   • I. dis­tinct­ive;
   • II. safe and pleasant;
   • III. wel­com­ing;
   • IV. adapt­able;
   • V. resource effi­cient; and
   • VI. easy to move around.

4. LDP Policy 3.3: Sus­tain­able design seeks to ensure that all new devel­op­ment is sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the sur­round­ing areas, loc­al ver­nacu­lar and loc­al distinctiveness.

5. The approach to the land­scap­ing of the site is con­sidered appro­pri­ate and is in keep­ing with the approved devel­op­ment of the wider site and its approved land­scap­ing (2020/0013/DET). The CNPA Land­scape Officer raised no objec­tions to the pro­posed devel­op­ment hav­ing pre­vi­ously con­firmed that the site has capa­city to accom­mod­ate new hous­ing with­in the landscape.

6. In terms of design, the house types are of a simple and func­tion­al design which would be in keep­ing with the char­ac­ter of the set­tle­ment and incor­por­ate an accept­able range of mater­i­als typ­ic­al of the sur­round­ing area.

7. The pro­posed devel­op­ment is there­fore con­sidered to com­ply with both NPF4 Policy 14 and LDP Policies 3 and 5.

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Envir­on­ment­al Impacts

1. NPF4 Policy 3: Biod­iversity requires that devel­op­ment pro­pos­als of this nature ​“include appro­pri­ate meas­ures to con­serve, restore and enhance biod­iversity”. Meas­ures should be pro­por­tion­ate to the nature and scale of devel­op­ment. NPF4 Policy 4: Nat­ur­al places does not sup­port devel­op­ment which will have an unac­cept­able impact on the nat­ur­al environment.

2. LDP Policy 4: Nat­ur­al Her­it­age seeks to ensure that there are no adverse effects on European Pro­tec­ted Spe­cies and oth­er biod­iversity interests.

3. NatureScot had pre­vi­ously con­firmed for the pro­posed site that the land is not with­in or adja­cent to any site des­ig­nated for its nat­ur­al her­it­age and it is unlikely that there will be any European pro­tec­ted spe­cies (bats, otters, wild­cats) which would be affected dir­ectly or indir­ectly from the devel­op­ment in this location.

4. The CNPA Eco­logy Officer advised that there would be no likely sig­ni­fic­ant effects on biod­iversity interests sub­ject to an appro­pri­ate plan­ning con­di­tion and that biod­iversity enhance­ment could be secured through the applic­a­tion of an appro­pri­ate condition.

5. The pro­pos­al is con­sidered to com­ply with NPF4 Policy 3 and Policy 4 of the LDP sub­ject to the recom­men­ded conditions.

Flood­ing and Sur­face Water Drainage

1. NPF4 Policy 22: Flood risk and water man­age­ment cre­ates a pre­sump­tion against all devel­op­ment at risk from flood­ing and seeks to ensure that that there is no risk of sur­face water flood­ing to oth­ers, and that all rain and sur­face water is man­aged through sus­tain­able urb­an drain­age sys­tems (SUDS) with area of imper­meable sur­faces minimised.

2. LDP Policy 10: Resources requires that all devel­op­ment should be free from medi­um or high 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. This 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

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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.

1. The drain­age infra­struc­ture serving the wider site has been approved through 2020/0013/DET. This applic­a­tion includes only minor changes to this con­sen­ted lay­out with the loc­a­tion of the sur­face water cel­lu­lar stor­age area in the west­ern part of the site has now been mod­i­fied to ensure it is at an access­ible loc­a­tion out­side the plot boundaries.

2. High­land Coun­cil Flood Man­age­ment Team raised no objec­tion to the proposal.

3. The pro­posed devel­op­ment is con­sidered to com­ply with NPF4 Policy 22 and LDP Policy 10.

Ser­vi­cing and Access

1. LDP Policy 3: Design and Place­mak­ing pro­motes sus­tain­able travel meth­ods and act­ive travel, includ­ing mak­ing pro­vi­sion for stor­age of bicycles and redu­cing the need to travel. It fur­ther seeks main­tain­ing and max­im­ising all oppor­tun­it­ies for respons­ible out­door access, includ­ing links into the exist­ing path network.

2. Plan­ning per­mis­sion 2020/0013/DET was gran­ted sub­ject to con­di­tions for cycle stor­age for the wider site and for the detailed design of a pro­posed path link from the devel­op­ment to Camp­bell Cres­cent. Giv­en that the pro­posed path is with­in the red­line bound­ary it is appro­pri­ate that this con­di­tion is applied to this pro­posed devel­op­ment also.

3. Some of the finer details raised will be addressed through the sep­ar­ate Roads Con­struc­tion Con­sent (RCC) pro­cess that the applic­ant will need to apply for separately.

4. Sub­ject to appro­pri­ate con­di­tions, the pro­posed devel­op­ment is con­sidered to com­ply with LDP Policy 3: Design and Place­mak­ing of the LDP.

Developer Con­tri­bu­tion

1. LDP Policy 11: Developer Con­tri­bu­tions sets out that where devel­op­ment gives rise to a need to increase or improve pub­lic ser­vices, facil­it­ies or infra­struc­ture or mit­ig­ate adverse effects then

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the developer will nor­mally be required to make a fair and reas­on­able con­tri­bu­tion towards addi­tion­al costs or requirements.

1. Developer con­tri­bu­tions were ori­gin­ally con­sidered for the ori­gin­al plan­ning applic­a­tion for the site. It was con­cluded that the devel­op­ment would not impact on the capa­cit­ies of Kin­gussie High School or Kin­gussie Primary School, and no increase or improve­ment to pub­lic ser­vices, facil­it­ies or infra­struc­ture was con­sidered neces­sary. The cur­rent pro­pos­al will not increase the num­ber of units on the site and as such no con­tri­bu­tions are required.

2. As such the devel­op­ment is con­sidered to com­ply with LDP Policy 11: Developer Contributions.

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 without sig­ni­fic­ant land­scape or envir­on­ment­al effects. The remain­ing points of detail that have not been suf­fi­ciently addressed through the applic­a­tion can be resolved by apply­ing con­di­tions to ensure that they are sat­is­fact­or­ily addressed with­in an appro­pri­ate time­frame. Sub­ject to those con­di­tions, the pro­posed devel­op­ment is con­sidered to fully com­ply with policies with­in both NPF4 and the LDP. As such approv­al of the applic­a­tion is recommended.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Erec­tion of 6no. houses (3 blocks of semi-detached) at Land 65M South Of 22 Ker­row Drive 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. The devel­op­ment to which this per­mis­sion relates must be begun not later than the expir­a­tion of 3 years begin­ning with the date on which the per­mis­sion is granted.

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Reas­on: The time lim­it con­di­tion is imposed in order to com­ply with the require­ments of sec­tion 58 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 as amended.

1. No devel­op­ment shall com­mence on site until full details of the final drain­age scheme, includ­ing con­firm­a­tion that Scot­tish Water are will­ing to adopt the net­work, have been sub­mit­ted to and approved in writ­ing by the Cairngorm Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning and Flood Man­age­ment teams.

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 on site until a final­ised Rep­tile Spe­cies Pro­tec­tion Plan is sub­mit­ted to and approved by the Cairngorm Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This shall include the fol­low­ing information:

a) Res­ults of the rep­tile survey.

b) Meth­ods to trans­lo­cate reptiles/​encouraging rep­tiles off the site pri­or to site clearance.

c) Pro­pos­als to cre­ate hiberna­tion and shel­ter hab­it­ats off-site in terms of type and position.

d) Loc­a­tion of rep­tile fen­cing, should this be required.

e) Details of an appro­pri­ately qual­i­fied eco­lo­gist to under­take and super­vise rep­tile sur­veys, trans­lo­ca­tion and imple­ment­a­tion of mit­ig­a­tion measures.

f) A pro­gramme for the deliv­ery of the plan and for mon­it­or­ing reports at appro­pri­ate stages of development.

There­after rep­tile trans­lo­ca­tion and mit­ig­a­tion shall be car­ried out in accord­ance with the details approved in this Plan. A mon­it­or­ing report on the trans­lo­ca­tion pro­cess shall be sub­mit­ted to the CNΡΑ.

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Reas­on: To ensure the devel­op­ment does not have a det­ri­ment­al impact on the rep­tile com­munity in accord­ance with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2024 and NPF4 Policy 3.

1. No devel­op­ment shall com­mence on site until a biod­iversity enhance­ment plan is sub­mit­ted and approved by the Cairngorm Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This shall include the fol­low­ing information:

a) Identi­fy all meas­ures to enhance biodiversity.

b) A timeline for imple­ment­a­tion of those meas­ures identified.

c) A mon­it­or­ing and main­ten­ance plan of those meas­ures implemented.

The agreed meas­ures shall be imple­men­ted in advance of the devel­op­ment being occu­pied and maintained/​monitored through­out the life­time of the devel­op­ment, in accord­ance with the agreed details.

Reas­on: To ensure the devel­op­ment does not have a det­ri­ment­al impact on the rep­tile com­munity in accord­ance with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2024 and NPF4 Policy 3.

1. No devel­op­ment shall com­mence on site until details of the pro­vi­sion of a suit­ably designed path from the devel­op­ment to Camp­bell Cres­cent are sub­mit­ted to Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The design for this link path shall be sub­mit­ted to and approved in writ­ing by Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. There­after no houses shall be occu­pied until the path has been imple­men­ted in accord­ance with the approved plans.

There­after the path shall be retained and main­tained in accord­ance with the approved plans.

Reas­on: To ensure that all res­id­en­tial units are served by an adequate path net­work in the interests of pro­mot­ing walk­ing, in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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1. No devel­op­ment shall com­mence on site until a detailed site spe­cif­ic Con­struc­tion Meth­od State­ment (CMS) has been sub­mit­ted and approved in writ­ing by Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This CMS shall make ref­er­ence to the Rep­tile Spe­cies Pro­tec­tion Plan and how this will be adhered to dur­ing con­struc­tion includ­ing ref­er­ence to clear­ance works not being under­taken dur­ing winter months in order to avoid dis­turb­ing hibern­at­ing rep­tiles and con­duc­ted in a man­ner that allow rep­tiles to be safely removed from site. The CMS shall also provide details as to arrange­ments to pro­tect the dry­stone dyke dur­ing construction.

Con­struc­tion shall there­after pro­ceed in accord­ance with approved CMS.

Reas­on: To ensure the devel­op­ment does not have a det­ri­ment­al impact on the rep­tile com­munity in accord­ance with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No res­id­en­tial unit shall be occu­pied until the access road (includ­ing asso­ci­ated foot­paths) and park­ing serving it has been con­struc­ted and sur­faced in accord­ance with the approved details.

Reas­on: To ensure that all res­id­en­tial units are served by an adequate road net­work in the interests of road safety, in accord­ance with Policy 3 Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Inform­at­ives

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

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

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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. The per­son under­tak­ing the devel­op­ment is advised that Road Con­struc­tion Con­sent will be required from the Roads Author­ity (High­land Coun­cil) as per the com­ments of the High­land Coun­cil Trans­port Plan­ning Team avail­able on the CNPA website.

3. The per­son under­tak­ing the devel­op­ment should con­sult with the Roads Author­ity (High­land Coun­cil) as per the com­ments of the High­land Coun­cil Trans­port Plan­ning Team avail­able on the CNPA web­site con­cern­ing the loc­a­tion of grit bins with­in the vicin­ity of the devel­op­ment site.

4. It is recom­men­ded that all new hous­ing incor­por­ates integ­rated flex­ib­il­ity for home-work­ing and high speed fibre broad­band connections.

5. 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.

6. The per­son under­tak­ing the devel­op­ment should note that they will require to apply to Scot­tish Water for form­al con­nec­tion to pub­lic water sup­plies at which time the Agency will review capa­city –fur­ther details avail­able in their con­sulta­tion response. They will also require to con­tact Scot­tish Water’s Assets Impact Team with regard to any Scot­tish Water infra­struc­ture on the applic­a­tion site – con­tact: service.​relocation@​scottishwater.​co.​uk.

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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.