Item5Appendix3BObjections20200064PPPNethyREDACTED
CAIRNGORMS NATIONAL PARK AUTHORITY Planning Committee Agenda Item 5 Appendix 3B 28/08/2020
AGENDA ITEM 5
APPENDIX 3B
2020/0064/PPP
REPRESESNTATIONS OBJECTIONS
Roy Turnbull Torniscar Nethy Bridge Inverness-shire PH25 3ED Scotland
Stephanie Wade, Case Officer, CNPA
Dear Stephanie Wade,
2020/0064/PPP | Residential development for up to 20 dwelling houses | Land At School Road And Craigmore Road Nethy Bridge
I object to the above planning application for the following reasons, relating the status the above proposal in the CNPA Local Development Plans (LDP):
A) The new draft LDP provides no allocation for development within School Wood and nor does the Nethy Bridge settlement boundary therein extend into School Wood. The CNP LDP 2020 Main Issues Report states,
“Sites from 2015 Local Development Plan preferred for deletion: • H1 (allocated in 2015 LDP for 15 houses) due to significant natural heritage constraints.”
This welcome deletion of any allocation for housing within School Wood in the new LDP, and the removal of the settlement boundary, reflects the ever increasing appreciation of the value of ancient woodlands in general, and of School Wood in particular.
Moreover, the Appraisal within the CNPA report for the “Planning Committee Agenda Item 6, 21st November 2014” concerning the previous application for housing within School Wood (2013/0119/DET), para. 112, p.42, (which led to its refusal), states:
“112. Furthermore, the Reporter’s recommendation that the School Road part of site H2 (referred to as Site HI in the Proposed LDP) is omitted from the Plan is a significant material consideration. The current application proposals do not comply with this new and important policy consideration.”
Likewise, the proposed deletion of site “H1 (allocated in 2015 LDP for 15 houses) due to significant natural heritage constraints” from the new LDP is also a significant material consideration, and it is also the case that the current application proposals do not comply with this new and important policy consideration.
The present LDP was adopted on 27th March 2015. It will therefore have exceeded its expected lifetime of five years by the closing date for representations for this application (April 6th), and the weight given to the policies and allocations in the old LDP are therefore appropriately reduced in favour of those in the new LDP, which is expected to be adopted later in 2020.
Moreover, the fact that there is widespread support, based partly upon new evidence and information, for the new policy of deleting the Craigmore Road site from the new LDP, is attested by the letter to Alex Neil, Cabinet Secretary, signed by thirteen organisations and dated 19th December 2014, (attached) that states:
“we therefore welcome modifications that support the retention of native Scots pine woodlands with high conservation and landscape value (deletion of Nethy Bridge H1 School Road and the woodland part of Carrbridge H1). We note that these modifications closely accord with SPP 2014, para. 194, Policy Principles, which states that the planning system should “protect and enhance ancient semi-natural woodland as an important and irreplaceable resource, together with other native or long-established woods … with high conservation or landscape value”.
New information that was unavailable to the Reporters examining the Local Development Plan earlier this year has emerged. In view of this we request that Scottish Ministers modify the following allocations:
- Delete Nethy Bridge H1 Craigmore Road (H1 School Road has already been deleted as a modification), for the following reasons:
The site is now (November, 2014) recognised by the CNPA as an Ancient Woodland Inventory site of high quality;
H1 The new discovery of green shield moss, an international conservation interest, very near
The new discovery of Pucciniastrum goodyerae, a rarity on the pinewood orchid ‘creeping ladies tresses’ near H1;
The Park Authority’s unanimous refusal in November 2014 of an application that included Nethy Bridge H1, due, inter alia, to “significant impact” on green shield moss “which could not be compensated for by habitat creation in the short to medium term, due to the habitat needs of this species”. Given these constraints we submit this Nethy Bridge H1 Craigmore Road allocation is no longer effective.”
The above letter was signed by thirteen organisations, namely: Cairngorms Campaign, Amphibian and Reptile Conservation Badenoch and Strathspey Conservation Group Invertebrate Conservation Trust Coille Alba Friends of the Earth Scotland John Muir Trust North East Mountain Trust Ramblers Scotland Scottish Badgers Scottish Campaign for National Parks Scottish Wild Land Group Woodland Trust Scotland.
B) Developments since the adoption of the 2015 LDP
The 2015 LDP was adopted before a number of important relevant developments, including: • the Paris Climate Agreement at the IPCC COP21 in December 2015, • the IPCC Special Report on “Global Warming of 1.5°C” in 2018 (see: https://www.ipcc.ch/sr15/)
• • • The Royal Society and the Royal Academy of Engineering Report on Greenhouse Gas Removal in the UK, 2018, see, https://royalsociety.org/topics- policy/projects/greenhouse-gas-removal/ ‚which states that amongst the Key Actions required for the UK to achieve net zero are to “Pursue rapid ramp-up of forestation, habitat restoration, and soil carbon sequestration, across large UK land-areas.”
The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) ( see https://www.ipbes.net/assessment-reports/ldr ) issued further dire warnings concerning the loss of global biodiversity. The Chair of IPBES, Professor Robert Watson, states that the IPBES report will “delve more deeply than anything before into the causes of nature collapse, chief among which is the conversion of forests, wetlands and other wild landscapes into ploughed fields, dam reservoirs and concrete cities. Three-quarters of the world’s land surface has been severely altered, according to the leaked draft. Humanity is also decimating the living systems on which we depend by emitting carbon dioxide and spreading invasive species.”
these culminated in the Scottish Government’s and Highland Council’s Declarations of a Climate and Ecology Emergency in May 2019. In addressing the Scottish Parliament, Climate Change Secretary Roseanna Cunningham stated:
“Last week another UN body, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, issued a warning about the damage human beings are causing to the planet. It finds that the drivers of damage have accelerated over the past 50 years.” I submit that these important national and international developments require • • • that particular attention should be given by planning authorities to protecting and enhancing biodiversity-rich and carbon sequestrating habitats, such as the Craigmore Road site in the ancient woodland site of School Wood, and that such considerations bear with greatest force within a National Park, the First and over-riding Aim of which is to conserve and enhance the natural and cultural heritage of the area, and that there can be no more critical time to apply such considerations than within the year that Scotland will host the governments of the World during the COP 26 conference, when the crucial importance of protecting and enhancing natural carbon sinks and biodiversity refuges, such as ancient woodlands will engender particular concern and attention, and in which Scotland’s National parks must lead by example.
C) An Error in the CNPA Local Development Plan Examination
The above considerations demonstrate that new local information has come to light and important new national and international policies have been developed, which are under intense scrutiny, since the 2015 LDP was under construction. All of which, I submit, strongly indicates that the H1 [Craigmore Road] site is no longer effective.
However, in addition, I submit that the considerations of the Reporters with respect to the [Craigmore Road] site contains a serious error of fact that undermines the allocation of the [Craigmore Road] site within the 2015 LDP. This is explained below*:
*(Please note that the Craigmore Road site is H2 in the 2010 LDP, and H1 in the 2015 LDP, and School Road vice versa. For clarity, therefore, I have simply referred to either [School Road] or [Craigmore Road] in any reference to these sites, rather than using H1 or H2.)
The Design Statement of the present applicant draws attention to the “Reporters’ Decision to the Proposed CNPA LDP 2015” and quotes the following extract from the Reporters’ Examination (published by the DPEA, Date of Report: 8 September 2014):
“Nevertheless, I find that in this case the woodland there is less complete and the setting is not totally undisturbed. Indeed there are already some houses and other built developments in and adjoining the woodlands on either side of Craigmore Road to the east and south of the [Craigmore Road] site.” [my emphasis]
That statement follows an assessment of the [School Road] site that concludes that “the significant adverse impacts of even a limited amount of housing on the [School Road] site clearly outweigh the benefits of allowing even a limited amount of new housing development at this sensitive location.” That reasoning led to the removal of the School Road site from the 2015 LDP.
And the Reporters’ reasons for including the [Craigmore Road] site in the 2015 LDP, in contradistinction to the removal of the [School Road] site, were substantially based on that assertion that “there are already some houses and other built developments in and adjoining the woodlands on either side of Craigmore Road to the east and south of the [Craigmore Road] site.” However, I submit that that assertion is false. It is simply untrue.
There are no houses or any other built developments to the east or south of the [Craigmore Road] site on either side of Craigmore Road, neither within School Wood to the north of Craigmore Road, nor in Culstank Moss to the south of Craigmore Road. Indeed, the nearest buildings south and east of the [Craigmore Road] site occur at Badanfuaran (the Lazy Duck), but these are 250 metres south of Craigmore Road and are completely screened by the intervening pinewood of Culstank Moss, making Badanfuaran invisible from the Craigmore Road.
Both School Road and Craigmore Road proceed from the Causer Crossroads and past the houses at Dirdhu Court with thereafter School Wood on one side of their respective road, and either Balnagowan Wood along School Road or Culstank Moss along Craigmore Road from the Lazy Duck track respectively on the other side of the road. All of those woods are confirmed by the Scottish Natural Heritage Ancient Woodland Inventory map (Scale 1:46232, based on SNH data, available on request) to be “Ancient (of semi-natural origin)”. School Road proceeds for a distance of c.414 metres beyond Dirdhu Court to the School grounds with undeveloped pinewoods on either side. Craigmore Road proceeds for a distance of c.540 metres between the Lazy Duck track and the Craigmore junction with undeveloped pinewoods on either side.
Thus, Craigmore Road presents a somewhat greater length of road with undeveloped ancient woodland on either side of it, than does School Road.
Thus the Reporters’ considerations concerning the [Craigmore Road] site were based upon demonstrably false information. Had the Reporters correctly assessed the setting of the [Craigmore Road] site and its surrounding ancient woodlands, then in applying the same criteria by which they assessed both sites, they would have been bound to conclude that the reasons for the removal of the [Craigmore Road] site from the 2015 LDP were at least as pressing as those pertaining to the [School Road] site. Had the [Craigmore Road] site also been removed from the 2015 LDP, it is, of course, unlikely that the present application would be proceeding.
Such a procedural error, having given, I submit, false justification to the continuation of the [Craigmore Road] site within the 2015 LDP, should not now lead to the granting of planning
consent for such an important site for biodiversity, landscape and the village setting as the [Craigmore Road] site. Summary 1. The new LDP provides no allocation for development within School Wood. That is a significant material consideration and an important policy consideration. 2. 3. The 2015 LDP has been adopted for more than five years and is outdated. Knowledge of the biodiversity value of the Craigmore Road site continues to accumulate and shows it to be a biodiverse-rich ancient woodland site. 4. 5. There is widespread support for saving School Wood from development. National and international concern increasingly supports saving and restoring biodiverse-rich and carbon sequestrating sites such as ancient woodlands, and are particularly pressing in the year of COP 26. 6. The allocation of the Craigmore Road site in the 2015 LDP was based upon demonstrably false information and is therefore unsound.
Please note that I wish to address the Planning Committee during the consideration of this application at the planning meeting, subject to arrangements with other objectors.
Yours sincerely Roy Turnbull
THE Cairngorms CAMPAIGN
Scottish Charity No. SC005523 Limited Company No. 179159 Alex Neil Cabinet Secretary for Social Justice, Communities & Pensioners’ Rights The Scottish Parliament Holyrood Edinburgh EH99 1SP Ian Lawson CVO Director, Cairngorms Campaign Easter Califer Farm Forres Morayshire IV36 2RN 19th December 2014
Dear Cabinet Secretary, Cairngorms National Park Local Development Plan as Submitted to Scottish Ministers. Request for modifications.
Our organisations strongly support Scotland’s national parks as exemplars of sustainable development, safeguarding landscapes, habitats and species of national and international importance. We also support a planning process that is based on up-to-date evidence, that is operated to help deliver benefits for all by safeguarding natural capital, and takes appropriate account of the need for wise stewardship of areas of prime importance for biodiversity.
In the submitted Local Development Plan for the Cairngorms National Park we therefore welcome modifications that support the retention of native Scots pine woodlands with high conservation and landscape value (deletion of Nethy Bridge H1 School Road and the woodland part of Carrbridge H1). We note that these modifications closely accord with SPP 2014, para. 194, Policy Principles, which states that the planning system should “protect and enhance ancient semi-natural woodland as an important and irreplaceable resource, together with other native or long-established woods … with high conservation or landscape value”.
New information that was unavailable to the Reporters examining the Local Development Plan earlier this year has emerged. In view of this we request that Scottish Ministers modify the following allocations:
- Delete Nethy Bridge H1 Craigmore Road (H1 School Road has already been deleted as a modification), for the following reasons:
• • The site is now (November, 2014) recognised by the CNPA as an Ancient Woodland Inventory site of high quality; The new discovery of green shield moss, an international conservation interest, very near H1;
• • The new discovery of Pucciniastrum goodyerae, a rarity on the pinewood orchid ‘creeping ladies tresses’ near H1; The Park Authority’s unanimous refusal in November 2014 of an application that included Nethy Bridge H1, due, inter alia, to “significant impact” on green shield moss “which could not be compensated for by habitat creation in the short to medium term, due to the habitat needs of this species”.
Given these constraints we submit this Nethy Bridge H1 Craigmore Road allocation is no longer effective.
- Delete both Carrbridge H2 and remaining part of H1 (the woodland part of H1 has already been deleted as a modification), for the following recent discovery:
• These flower-rich long-established grasslands which are of high biodiversity value, supporting the mountain bumble bee, wood ants and other notable invertebrates, were discovered to support important populations of the Cairngorms Nature Action Plan shortlisted species Crimson Waxcар in autumn 2014.
- Amend allocation and settlement boundary of Inverdruie & Coylumbridge T1, for the following reasons: • • Reporters correctly identified that the allocation and settlement boundary did not reflect the existing caravan site and recommended modification; However, new access and stances that are outwith the existing site were created without planning permission and a retrospective application has been withdrawn. The Reporters do not appear to have been made aware of this information and recommended that T1 be enlarged and the settlement boundary extended to include this area, apparently incorrectly believing it to be part of the existing site. This modification extends T1 to the European site boundary.
We suggest the boundary of T1 and the settlement boundary should be modified again to accurately follow the existing, permissioned, caravan site.
If adopted in its present form, the Local Development Plan would have an adverse impact on irreplaceable natural capital, with lasting costs for present and future generations.
We request that Scottish Ministers adopt the above suggested modifications to help ensure that the new Cairngorms National Park Local Development Plan safeguards the exceptional natural heritage of Scotland’s largest National Park. Yours truly
irector, Cairngorms Campaign Peter Minting, Scottish Project Officer, Amphibian & Reptile Conservation
Gus Jones, Convener, Badenoch & Strathspey Conservation Group
Craig Macadam, Director Scotland, Buglife — The Invertebrate Conservation Trust
John Parrott, Director, Coille Alba
Richard Dixon, Director, Friends of the Earth Scotland
Stuart Brooks, Chief Executive, John Muir Trust
David Windle, Chairman, North East Mountain Trust
Helen Todd, Campaigns and Policy Officer, Ramblers Scotland
Eddie Palmer, Chairman, Scottish Badgers
Ross Anderson, Chairman, Scottish Campaign for National Parks
John Milne, Convenor, Scottish Wild Land Group
Carol Evans, Director, Woodland Trust Scotland
Stephanie Wade Cairngorms National Park Authority 14 The Square Grantown on Spey Scotland PH26 3HG buglife Scotland Balallan House, 24 Allan Park Stirling, FK8 2QG Telephone: 01786 447 504 E‑mail: scotland@buglife.org.uk 31st March 2020
Dear Stephanie, Application Number: 2020/0064/PPP Proposal: Residential development for up to 20 dwelling houses. Land At School Road And Craigmore Road Nethy Bridge. Thank you for the opportunity to respond to this consultation. Buglife objects to planning permission being granted for this application due to the loss of irreplaceable habitats, which is against Scottish planning policy, and the impact this will have on rare and endangered invertebrates. Buglife notes that although the application is a reduction in the overall number of units from the rejected 2013 application (application number: 2013/0119/DET), it represents an increase in the size and impact of the Craigmore Road development area, from 1.65 hectares for 14 dwellings, to 1.97 hectares for 20 dwellings. The submitted Preliminary Ecological Appraisal and Extended Phase 1 Habitat Survey document indicates that the site is composed of a diverse mix of habitats with dry dwarf heath shrub, semi-natural coniferous woodland and semi-natural mixed woodland. This survey was conducted on the 31st of December 2019 and 1st January 2020 and due to the time of year was not a survey focused on invertebrates but on the habitats and what they could potentially support. For this current survey, a search on the National Biodiversity Network (NBN) Atlas for invertebrates recorded 1km of the proposed development was completed. This search found 43 species of invertebrate that are Nationally Scarce, Nationally Rare or UK Biodiversity Action Plan Priority Species; the survey report indicates that only 30 of these are potentially present on the site. Many of the invertebrate species identified in this search require deadwood habitat, ancient Caledonian pinewood or are associated with wood ants and their nests. The use of NBN sourced data in this planning application is a breach of licence (https://docs.nbnatlas.org/guidance-on-the-definition-of-non-commercial-use/). NBN data can be used to President — Germaine Greer Chairman — Mark Felton CEO — Matt Shardlow Buglife — The Invertebrate Conservation Trust is a limited company by guarantee Company No: 4132695 Registered Charity No: 1092293 Scottish Charity No: SC040004 Registered in England at The Lindens, 86 Lincoln Road, Peterborough, PE1 2SN www.buglife.org.uk @buzz_dont_tweet
help define the interest which requires commercial survey but should not be used to assess a sites inherent biodiversity value and submitted in lieu of surveys. Buglife would also like to insist that data must be sourced from Local Environmental Records Centres, as they contain the most comprehensive and current species data, as stated in the Chartered Institute of Ecology and Environmental Management (CIEEM) Guidelines for Accessing and Using Biodiversity Data document (http://nbis.org.uk/sites/default/files/documents/Guidelines for Accessing and Using Biodiversity Data. pdf). Previous surveys of invertebrates at this site in relation to the previous development proposals from 2013 (application number: 2013/0119/DET) have identified almost 450 species of invertebrate, of which 40 were Local, 16 Nationally Scare Notable B, 3 Near Threatened, 3 Red Data Book 3 (Rare), 1 Red Data Book 2 (Vulnerable) and 1 was provisionally a Red Data Book 1 (endangered); two species are on the Scottish Biodiversity List and one species is a UK Biodiversity Action Plan priority species. However, it is currently unclear which of the species recorded relate to the current area, as the 2013 application consisted of two separate nearby development sites. However, it is clear that the habitats present are important for a wide range of wildlife species and have the potential to support a number of species of invertebrates with conservation designations. The site is also within the Strathspey Important Invertebrate Area (IIA), one of a series of IIAs identified for supporting nationally important populations of invertebrates, and the habitat on which they rely. It is important that a thorough survey of invertebrates be completed on site to ensure that species active at different times of the year are accounted for and that this information is made available prior to a decision being made. The ecological appraisal report itself says that: “Further surveys during the spring and summer are necessary to determine the value of the site for rare invertebrates”. This site supports ancient woodland and this is an irreplaceable habitat and its loss should be avoided, in line with planning policy. The development sites are part of a larger complex of woodland that has small variations in habitat within a very fine scale. Different species of invertebrate will like or need these small variations, or ‘micro-habitats,’ and may have very specific requirements, for example certain food plants. A key part of the value of this area is the warm, south facing woodland edge with dry semi-natural grassland, which is relatively unusual in this area and important for species such as Pinewood mason bee (Osmia uncinate), and the hoverfly Chamaesyrphus scaevoides. Paragraph 194 of the Scottish Planning Policy states that “The planning system should… seek benefits for biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats”. Paragraph 195 states that “Planning authorities, and all public bodies, have a duty under the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity”. With the information currently available, it is impossible for the local authority to assess the potential biodiversity impacts of this development. However, the habitats on site are irreplaceable with the potential to impact on nationally rare and scarce invertebrates. In summary, Buglife objects to this application due to the lack of information or relevant invertebrate survey and the potential to impact on an assemblage of nationally and rare invertebrates, and the habitats on which they rely. President — Germaine Greer Chairman — Mark Felton CEO — Matt Shardlow Buglife — The Invertebrate Conservation Trust is a limited company by guarantee Company No: 4132695 Registered Charity No: 1092293 Scottish Charity No: SC040004 Registered in England at The Lindens, 86 Lincoln Road, Peterborough, PE1 2SN www.buglife.org.uk @buzz_dont_tweet
Do not hesitate to contact us if you would like more information on any of the points raised and please can we be kept up to date with the progress of this application. Yours sincerely
Suzanne Burgess Scotland Manager President — Germaine Greer Chairman — Mark Felton CEO — Matt Shardlow Buglife — The Invertebrate Conservation Trust is a limited company by guarantee Company No: 4132695 Registered Charity No: 1092293 Scottish Charity No: SC040004 Registered in England at The Lindens, 86 Lincoln Road, Peterborough, PE1 2SN www.buglife.org.uk @buzz_dont_tweet From:Aurelie Walker-Dean Sent:2 Apr 2020 16:52:32 +0100 To:Planning Subject:2020/0064/PPP | Residential development for up to 20 dwelling houses | Land At School Road And Craigmore Road Nethy Bridge Hello, I am writing to object to the above planning application. I am grateful for the research concluded by esteemed ecologist Roy Turnbull, and have based my response on his findings with which I wholeheartedly agree. The new draft LDP provides no allocation for development within School Wood and nor does the Nethy Bridge settlement boundary therein extend into School Wood. The CNPA state, “We are required by law to ensure that our Local Development Plan is kept up-to-date and reviewed every 5 years.” The new LDP was planned to be adopted in April 2020, states Sites from 2015 Local Development Plan preferred for deletion: H1 (allocated in 2015 LDP for 15 houses) due to significant natural heritage constraints. If the new LDP had been adopted this month the CNPA would be almost certainly required to refuse the Craigmore Road application. Some points about the application: < School Wood is an Ancient Woodland Site. i) The Woodland Trust in its objection to the previous application (2014) stated: “We believe that ancient woodland is amongst the most precious and biodiverse habitats in the UK and is a finite resource which should be protected.” ii) Scottish Planning Policy states:
- Ancient and semi-natural woodland is an important and irreplaceable national resource that should be protected and enhanced, as should other native and long established woodlands with high nature conservation value. The Scottish Forestry Strategy identifies the protection of woodlands of high biodiversity value as an important consideration in the development management process. Woodland of high nature conservation value should be identified in development plans along with relevant policies for its protection and enhancement.” iii) The Control of Woodland Removal Policy states: There will be a strong presumption against removing the following types of woodland: ancient semi-natural woodland; woodlands listed as Plantations on Ancient Woodland Sites (PAWS). There will also be a strong presumption against woodland removal where it would lead to fragmentation or disconnection of important forest habitat networks. (SNH state that School Wood is an “Ancient Woodland Site, currently supporting woodland of plantation character”, ie PAWS) iv) The Cairngorms National Park Forest Strategy 2018 states: “The woodlands of the Cairngorms are of national and international importance because they contain the largest remaining areas of semi-natural woodland habitats in Britain!” and undertakes to “Continue to protect ancient and semi-natural woodlands from further damage and fragmentation.” < Irreplaceable Woodland The applicant proposes to provide compensatory planting of 1,97 ha of native woodland at a site NW of the Nethy Bridge hotel, currently “an area of informal open space” with “little ecological value.” However, the fact that ancient woodland is “irreplaceable” (as stated in the above SPP para 146) is now well established. Indeed, as long ago as 1991, the then Nature Conservancy Council for Scotland, in its response to the First Draft of Highland Council’s Local Plan in 1991 stated Woodland is a vital component of the Badenoch and Strathspey landscape and fundamental to the conservation of aspects highly important to nature conservation. NCCS ❑ emphasises the essential difference between remnants of the native woodland and plantation or newly planted groups of trees for amenity. Semi-natural woodlands ☐ are not re-creatable; new stands of trees and plantation do not compensate for the loss of the semi-natural areas and additionally are often not of such high amenity and aesthetic value. < Risk to Capercaillie The RSPB stated the following in its submission to the 2013 application for 58 houses at School Road and Craigmore Road in School Wood: “We are concerned about the risk that the proposed development would lead to unacceptable disturbance to breeding capercaillie in the nearby Special Protection Areas (SPAs) of Craigmore Wood and Abernethy Forest. The likelihood that people living in the houses (and their visitors) would use these SPAs for recreation, or that people currently using the proposed development site for recreation would be displaced into the SPAs, and hence increase disturbance levels, is not addressed in this application. Capercaillies are particularly susceptible to recreational disturbance, especially from dogs off the leash. This species, which is in severe national decline, is now largely confined to Strathspey and is afforded the highest level of protection under UK and European law.” < Buglife (the Invertebrate Conservation Trust) state in its submission to this present application: “Previous surveys of invertebrates at this site in relation to the previous development proposals from 2013 (application number: 2013/0119/DET) have identified almost 450 species of invertebrate, of which 40 were Local, 16 Nationally Scare Notable B, 3 Near Threatened, 3 Red Data Book 3 (Rare), 1 Red Data Book 2 (Vulnerable) and 1 was provisionally a Red Data Book 1 (endangered); two species are on the Scottish Biodiversity List and one species is a UK Biodiversity Action Plan priority species. However, it is currently unclear which of the species recorded relate to the current area, as the 2013 application consisted of two separate nearby development sites.” “This site supports ancient woodland and this is an irreplaceable habitat and its loss should be avoided, in line with planning policy. The development sites are part of a larger complex of woodland that has small variations in habitat within a very fine scale. Different species of invertebrate will like or need these small variations, or micro- habitats, and may have very specific requirements, for example certain food plants. A key part of the value of this area is the warm, south facing woodland edge with dry semi-natural grassland, which is relatively unusual in this area and important for species such as Pinewood mason bee (Osmia uncinate), and the hoverfly Chamaesyrphus scaevoides.” “In summary, Buglife objects to this application due to the lack of information or relevant invertebrate survey and the potential to impact on an assemblage of nationally and rare invertebrates, and the habitats on which they rely.” < CNPA previous application refusal The previous application (2014) for 58 houses in School Wood, including 14 detached houses at the Craigmore Road site was refused by the CNPA for numerous reasons. The CNPA Planners Report into the application included the following comments concerning the Craigmore Road site: APRAISAL, para.111 the line of detached houses at Craigmore Road, [ … ] is [not] considered to reinforce and enhance the character of the settlement of Nethy Bridge.. para. 120 ☐The proposed development on Craigmore Road risks similar impacts from a suburban approach to the layout of open space, driveways and boundaries. para. 121 Policy 6 Landscape requires that development complements and enhances the landscape character of the National Park and in particular the setting of the proposed development. The CNPA Landscape Officer has advised that while the proposals for tree felling and planting around the development would, over time, give a setting and context that is consistent with Nethy Bridge as a forest village, the current proposals for the layout and design of housing and amenity space do not meet CNP Local Plan policy 6 or Scottish government guidance. RECOMMENDATION 6 ☐the suburban form of the Craigmore Road development, combined with the extent of the tree felling, do not relate well to the landscape character of this part of Nethy Bridge. You may wish to consider whether the presently proposed two areas of housing proposed (i) 6 detached houses and one block of four terraced houses, and ii) two blocks of four and one block of 2 terraced houses) the CNPA. < Otters. X should be similarly appraised by
Otters are protected under The Conservation (Habitats & c.) Regulations 1994, the Wildlife and Countryside Act (Schedule 5) 1981, as amended by the Nature Conservation (Scotland) Act 2004, and are also a European protected species under Annex IV of the EC Habitats Directive 1994. Although the Ecological Appraisal for the developer notes that “the increased risk of dog attacks on otters from this development cannot be disregarded. In a previous consultation for a development on this site, a member of the public reported a dog attack on an otter cub at the Allt Mor.” It also states that, “No signs of otters were found on site or within a 100m buffer around the site” However, in the last week several signs of otter activity (including spraints) have appeared along the Caochan Fhuarain both upstream and downstream and close to the proposed development site. This illustrates how an ecological survey only undertaken for a short period in winter inevitably misses important information. Thank you for your kind consideration, Aurelie Walker-Dean David Dean From:David Dean Sent:2 Apr 2020 19:53:09 +0100 To:Planning Subject:Planning Application Objection 2020/0064/PPP | Residential development for up to 20 dwelling houses on land at Craigmore Road Nethy Bridge Dear Sir/Madam, We wish to object to the above planning application submitted for approval in principle. We have to say that coming but six years after the previous application for fewer dwellings on this site we are astonished to see the matter revived not to speak of the approximately 33% increase in number of houses proposed. The previous application that was refused included 10 houses on 1.6ha at Craigmore Road. As resident owners for the last forty five years of neighbouring Badanfhuarain, now home also to The Lazy Duck Hostel we were kept fully appraised of the previous applicant’s proposals and arguments together with the flow of objections which brought about the application’s eventual rejection. In 2014 CNPA Planners concluded in their appraisal :- paragraph 111 “The line of detached houses at Craigmore Road is not considered to reinforce and enhance the character of the settlement of Nethy Bridge.” Paragraph 120 referring by comparison to a separate application for