Item6AA20230087DETTomintoulCampsiteCommitteeReport

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Change of use and alter­a­tion to form new camp­site, shower facil­ity, hard stand­ing and foul drain­age at The Old Mart Con­glass Lane Tomin­toul Moray

REF­ER­ENCE: 2023/0087/DET APPLIC­ANT: Tomin­toul & Glen­liv­et Devel­op­ment Trust DATE CALLED-IN: 20 Feb­ru­ary 2023 RECOM­MEND­A­TION: Approve sub­ject to con­di­tions CASE OFFICER: Gav­in Miles Head of Stra­tegic Planning

CNPA Plan­ning Com­mit­tee Applic­a­tion Site In Loan 0 40 80 160 N Meters Burn­view Cyde 344 Cults Tomin­toul 345 St Brid­get Braeriach Tom Mata Cycle 338 Asch­rit 739 Find­ran Old den Cot­tage Ambrae Tomin­toul Schools Glen Avon Museum Centre: 82 Memori­al Sta Court Hotel Fn 342.6m Eck­ville Shel­ter Tomnabat Exchange Mast (Tele­com­mu­nic­a­tion) Crown copy­right and data­base rights 2023. Ord­nance Sur­vey Licence num­ber 100040965 El Sub Sta Depot ottage Track Track Bowl­ing Green LECHT DRIVE CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Drain GP 2

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The site is loc­ated on the east­ern side of Tomin­toul, and north of the B939 road towards the Lecht. The site is cur­rently an area of rough dis­turbed ground asso­ci­ated with the exist­ing busi­ness unit and a nar­row field area between that part of the site and replanted wood­land beside the B939 road.

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=RQ4Y 92SI0CP00

Title Draw­ing Date on Date Num­ber Plan* Received Plan — Detailed site plan and 220106​.GI 10/10/22 21/02/23 details LES.03P Plan — Detailed site plan and 220106​.GI 10/10/22 07/06/23 details LES.03P Plan — Shower facil­it­ies 220106​.GI 05/12/22 21/02/23 LES.04P Plan — Land­scape Plan 001 01/06/23 07/06/23 Plan — Detailed site plan and 220106​.GI 10/10/22 08/08/23 details LES.03P Plan — Detailed site plan and 220106​.GI 10/10/22 21/08/23 details LES.03P Plan — Detailed site plan and 220106​.GI 10/10/22 31/08/23 details LES.03P Plan — Detailed site plan and 220106​.GI 10/10/22 06/09/23 details LES.03P Oth­er — Drain­age Impact GMC23- 08/02/23 07/06/23 Assess­ment 014 Oth­er — Sup­port­ing State­ment 02/04/21 21/02/23 Oth­er — Bol­lard Spe­cific­a­tion 10/01/21 07/06/23 3

Oth­er — Breed­ing Bird Sur­vey 01/06/23 26/06/23 Oth­er — Inter­com sys­tem 16/08/23 21/08/23 meth­od state­ment Oth­er — SUP­PORT­ING 02/04/21 07/06/23 STATE­MENT (TRAFFIC MAN­AGE­MENT) *Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. The pro­pos­al is for a change of use of the over­all site to form a 1- hec­tare site for 29 cara­van pitches with asso­ci­ated shower and toi­let facil­it­ies and waste dis­pos­al facil­it­ies for caravans/​motorhomes.

His­tory

1. There is no recent plan­ning his­tory on the site.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045 POLICY 1 Tack­ling the Cli­mate and Nature Crises POLICY 2 Cli­mate Mit­ig­a­tion and Adapt­a­tion POLICY 3 Biod­iversity POLICY 4 Nat­ur­al Places POLICY 14 Design, Qual­ity and Place POLICY 22 Flood Risk and Water Man­age­ment POLICY 25 Com­munity Wealth Build­ing POLICY 29 Rur­al Devel­op­ment POLICY 30 Tourism

Stra­tegic Policy Cairngorms Nation­al Park Part­ner­ship Plan 2022 – 2027 Loc­al Plan Policy Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2021) Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross POLICY 1 NEW HOUS­ING DEVEL­OP­MENT POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH X POLICY 3 DESIGN AND PLACE­MAK­ING X POLICY 4 NAT­UR­AL HER­IT­AGE X POLICY 5 LAND­SCAPE X 4

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

1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Devel­op­ment Plan which com­prises Nation­al Plan­ning Frame­work 4 (NPF4) and the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021. The full word­ing of policies can be found at:

https://www.gov.scot/publications/national-planning-framework- 4/​documents/​

and 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​-LDP- 2021-web.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 Policy 2 Sup­port­ing Eco­nom­ic Growth Non-Stat­utory X 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 Policy 11 Developer Oblig­a­tions Sup­ple­ment­ary Guidance

CON­SULTA­TIONS

Sum­mary of the main issues raised by con­sul­tees 5

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. Scot­tish Water has no objec­tion to this plan­ning application.

2. Moray Coun­cil Archae­olo­gist has no com­ment to make on the application.

3. Moray Coun­cil Con­tam­in­ated Land Officer has no com­ment to make on the application.

4. Moray Coun­cil Flood Risk Man­age­ment Officer has no objec­tion to this plan­ning application.

5. Moray Coun­cil Trans­port Plan­ning had con­cerns regard­ing the main­ten­ance of co-owned land as well as turn­ing areas for cars tow­ing cara­vans or lar­ger vehicles. How­ever, revised details sub­mit­ted for the applic­a­tion have sat­is­fied the trans­port plan­ning team who now have no objec­tion and seek con­di­tions to man­age the development.

6. CNPA Out­door Access has no spe­cif­ic com­ments in rela­tion to out­door access but recom­mend the site has inter­pret­ive mater­i­al about the loc­al area and access oppor­tun­it­ies, land man­age­ment activ­it­ies and the Scot­tish Out­door Access Code.

7. CNPA Land­scape Adviser notes that it will be pos­sible to devel­op the site without com­prom­ising the spe­cial land­scape qual­it­ies of the Nation­al Park. The site will be seen in asso­ci­ation with the exist­ing build­ings of Tomin­toul and drops away in views from Tomin­toul itself. The pro­posed plant­ing with­in the site and on its east­ern edge will provide medi­um to longer term screen­ing in com­bin­a­tion with the exist­ing wood­land to the south­ern edge of the site.

8. CNPA Eco­logy Officer notes that the site is con­sidered lim­ited for sup­port­ing pro­tec­ted spe­cies how­ever it offers poten­tial to sup­port nesting/​breeding birds with lap­wing and oyster­catch­er noted in the area and a house mar­tin nest was noted on the build­ing to be con­ver­ted. They recom­mend con­di­tions requir­ing pre-com­mence­ment breed­ing birds sur­veys and spe­cies pro­tec­tion plans if any works are to be under­taken dur­ing the bird breed­ing sea­sons and for the install­a­tion of house mar­tin nest boxes on the shower/​toilet block build­ing. The eco­logy officer also screened the site under the Hab­it­ats Reg­u­la­tions but because the site has no con­nectiv­ity with nearest trib­u­tary to the River Spey Spe­cial Area of Con­ser­va­tion, no fur­ther apprais­al was required.

9. Kirk­mi­chael and Tomin­toul Com­munity Asso­ci­ation were con­sul­ted but made no com­ments. 6

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

REP­RES­ENT­A­TIONS

1. There have been four­teen rep­res­ent­a­tions received on the applic­a­tion with­in the 28 days fol­low­ing call in by the Park Author­ity. A num­ber of oth­er late rep­res­ent­a­tions and cor­res­pond­ence rais­ing sim­il­ar points were also received by officers. Most rep­res­ent­a­tions raised points of objec­tion or con­cern with the applic­a­tion, with only one rep­res­ent­a­tion whole­heartedly sup­port­ing the applic­a­tion for its poten­tial con­tri­bu­tion to the tour­ism sec­tor and eco­nomy. Many rep­res­ent­a­tions raised mat­ters that were bey­ond the scope of the plan­ning system.

2. The main rel­ev­ant plan­ning issues raised through rep­res­ent­a­tions were: a) Impacts on water sup­ply and sewage capa­city in Tomin­toul; b) Impacts on power sup­plies; c) Impacts of traffic on roads, prop­erty and for safety of oth­er road users; d) Impacts of the devel­op­ment on wild­life and wad­ing birds; e) Poten­tial impacts on Dark Skies and the Dark Sky Park; f) Impacts of noise.

3. Oth­er issues raised included: a) Pos­sible effects on crime, secur­ity of oth­er prop­er­ties and insur­ance premi­ums for Tomin­toul res­id­ents; b) Lack of con­sulta­tion by the applic­ant with mem­bers of the com­munity; c) Con­cern at com­pet­i­tion with the exist­ing camper­van cara­van hook- up and stop­over facil­it­ies oper­ated by the Bowl­ing club. d) Lack of facil­it­ies for tents; e) Effects on police and med­ic­al services

APPRAIS­AL

1. Sec­tion 25 of the 1997 Act as amended requires applic­a­tions to be determ­ined in accord­ance with the Devel­op­ment Plan. This now com­prises the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, and the Nation­al Plan­ning Frame­work 4. Where there is con­flict between policies, NPF4 policies will be used.

2. The main plan­ning con­sid­er­a­tions are the prin­ciple of devel­op­ment, the impact upon land­scape, includ­ing dark skies, sit­ing and design, includ­ing impacts on, the envir­on­ment­al impacts, flood­ing, access and ser­vi­cing, and impacts on amen­ity. 7

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

Prin­ciple

1. Policies 25: Com­munity Wealth Build­ing, 29: Rur­al Devel­op­ment and 30: Tour­ism of NPF4, as well as Policy2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, togeth­er provide in prin­ciple sup­port for:

a) Com­munity led pro­pos­als, increas­ing spend in com­munit­ies, loc­al job cre­ation and, devel­op­ment pro­pos­als linked to com­munity own­er­ship or man­age­ment of land, that sus­tain fra­gile com­munit­ies and sup­port loc­al employment;

b) The pro­vi­sion of new tour­ist accom­mod­a­tion, includ­ing cara­van sites and on sites alloc­ated in the LDP.

1. The pro­pos­al is for a caravan/​motorhome site in a remote rur­al com­munity, by the loc­al com­munity devel­op­ment trust as way of help­ing sus­tain its activ­it­ies and sup­port the com­munity, on a site alloc­ated for eco­nom­ic devel­op­ment in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021. In alloc­at­ing the site with the Loc­al Devel­op­ment Plan, it was anti­cip­ated that it could be developed for a range of busi­ness uses appro­pri­ate to the loc­a­tion and the pro­pos­al for a tour­ism related busi­ness is con­sidered an accept­able use of the alloc­a­tion. Sub­ject to oth­er plan­ning con­sid­er­a­tions con­sidered in this report, the prin­ciple of the devel­op­ment is con­sidered accept­able under the require­ments of Policies 25: Com­munity Wealth Build­ing, 29: Rur­al Devel­op­ment and 30: Tour­ism of NPF4, as well as Policy2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Land­scape Impacts, Lay­out and Design

1. Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 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. Policy 14: Design, Qual­ity and Place of NPF4 sup­por­ted by Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, pro­motes well designed devel­op­ments that make suc­cess­ful places by tak­ing a design-led approach and apply­ing the Place Prin­ciple. Pro­pos­als should be con­sist­ent with the six qual­it­ies of suc­cess­ful places: healthy, pleas­ant, con­nec­ted, dis­tinct­ive, sus­tain­able, and adapt­able. 8

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. The pro­posed devel­op­ment will sit on ground at the edge of Tomin­toul that runs down­hill away from the vil­lage. It is partly screened from the vil­lage by exist­ing busi­ness units and sheds and from the B939 Lecht road by recent amen­ity wood­land plant­ing that replaced a con­ifer shel­ter belt. The site is con­sidered to have capa­city for the devel­op­ment pro­posed with the addi­tion of lim­ited tree plant­ing to provide fur­ther screen­ing in a way that will not have a sig­ni­fic­ant effect on the spe­cial land­scape qual­it­ies of the Nation­al Park dur­ing day­light hours.

2. Dark skies are a spe­cial land­scape qual­ity that is expli­citly recog­nised through the Tomin­toul and Glen­liv­et Dark Sky Park. The extern­al light­ing with­in the site is pro­posed to be by Drago Bol­lards, a low height, down­ward facing dir­ec­tion­al light with min­im­al spill that is suit­able for use in a dark Dark Sky Park. No inform­a­tion has been provided with the applic­a­tion on extern­al light­ing of the exist­ing build­ing to be con­ver­ted, so a con­di­tion requir­ing an extern­al light­ing man­age­ment plan to min­im­ise extern­al light pro­duc­tion across the entire site, includ­ing site rules for users of the site will ensure the effects of essen­tial lights are min­im­ised and have no addi­tion­al impact on the light already emit­ted from Tomin­toul as the largest vil­lage and source of light in the Dark Sky Park.

3. The lay­out of the site itself is func­tion­al and designed to be an effi­cient use of space for cara­van and camper vans expec­ted for short stays. The intern­al plots are large at 12 metres long and 6 metres wide, with 5 metres between plots. A 1.8metre tim­ber fence will sur­round the site but over time, this will be screened by wood­land to the south and east. An inform­al path to the north of the site that allows a cir­cu­lar walk from Tomin­toul will retained by slightly be realigned. The site is close to the centre of Tomin­toul and with­in easy walk of its main busi­nesses. Once the tree plant­ing pro­posed with the devel­op­ment has estab­lished, the site will be fur­ther screened and provide an attract­ive edge to Tomintoul.

4. Sub­ject to a con­di­tion requir­ing a light man­age­ment plan to min­im­ise light emis­sion from the pro­posed site to be sub­mit­ted and approved by the CNPA pri­or to devel­op­ment, the pro­pos­al is con­sidered to com­ply with Policy 14: Design, Qual­ity and Place of NPF4 and Policies 3: Design and Place­mak­ing and 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021

Envir­on­ment­al Impacts

1. Policy 1: Tack­ling the Cli­mate and Nature Crises of NPF4 requires that sig­ni­fic­ant weight is giv­en to the glob­al cli­mate and nature crisis when con­sid­er­a­tion is giv­en to new devel­op­ment. Policy 3: Biod­iversity 9

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

seeks to ensure that devel­op­ment will con­serve, restore and enhance biod­iversity. Policy 4: Nat­ur­al Places seeks to pro­tect, restore and enhance nat­ur­al assets includ­ing pro­tec­ted areas. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, seeks to ensure there are no adverse impacts upon des­ig­nated areas, pro­tec­ted spe­cies, or biodiversity.

1. The pro­posed devel­op­ment site itself has rel­at­ively low biod­iversity value in its own right with pos­sible house mar­tin nest­ing on the exist­ing build­ing and some oth­er com­mon bird spe­cies using the site. Bey­ond the site to the north and east, open fields provide for­ging and breed­ing hab­it­at for breed­ing wad­ing birds in par­tic­u­lar, with 4 pairs of lap­wing hav­ing suc­cess­fully raised chicks dur­ing 2023. The area may become less attract­ive to wad­ing birds once exist­ing planted hedgerows and wood­land in the vicin­ity matures, and the lim­ited addi­tion­al plant­ing pro­posed as part of the devel­op­ment will provide some addi­tion­al hab­it­at for oth­er spe­cies as well as provide screen­ing of the site. The applic­ant con­trols more grass­land to the east of the site and fur­ther man­age­ment of that ground as a spe­cies rich mead­ow would secure a biod­iversity enhance­ment from the devel­op­ment that would bene­fit wad­ing birds and many oth­er species.

2. Sev­er­al rep­res­ent­a­tions have raised the import­ance of the neigh­bour­ing ground for wad­ing birds and the poten­tial for great­er dis­turb­ance from site users. Appro­pri­ate vis­it­or inform­a­tion for users of the pro­posed site and on the ground man­aged by the applic­ant would help inform users of the site on appro­pri­ate routes and beha­viour to min­im­ise impacts on breed­ing birds. From the CNPA staff site vis­its, the area appears to be used by loc­al dog walk­ers for off-lead dog walk­ing so wider inform­a­tion might also reduce dis­turb­ance from Tomin­toul res­id­ents. The incor­por­a­tion of house mar­tin boxes at appro­pri­ate loc­a­tions on the exist­ing build­ing would main­tain and cre­ate oppor­tun­it­ies for them to nest.

3. The site is with­in the wider catch­ment of the river Spey Spe­cial Area of Con­ser­va­tion but the pro­pos­al does not have a con­nec­tion to the nearest water course, will be con­nec­ted to the exist­ing waste water sys­tem, and have licenced dis­pos­al of caravan/​campervan toi­let waste. There will be no effects on the river Spey SAC.

4. Sub­ject to appro­pri­ate con­di­tions, the pro­pos­al is con­sidered to com­ply with Policies 1: Tack­ling the Cli­mate and Nature Crises, 3: Biod­iversity and 4: Nat­ur­al Places of NPF4 and with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Ser­vi­cing, Drain­age and Water Issues 10

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion and Policy 22: Flood Risk and Water Man­age­ment of NPPF4 require that devel­op­ment is sited and designed to adapt to cur­rent and future risks from cli­mate change, don’t increase risk of sur­face water flood­ing and min­im­ise the area of imper­meable sur­face. The pro­posed devel­op­ment will not increase risk of sur­face water flood­ing and does not increase the area of imper­meable sur­face. The drain­age impact assess­ment provided with the applic­a­tion demon­strates that the ground of the site itself is free drain­ing and will absorb expec­ted rainfall.

2. Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 requires that should not have neg­at­ive impacts on the water envir­on­ment and treat sur­face and waste water sep­ar­ately, con­nect­ing waste water to the pub­lic sew­er­age net­work where pos­sible. The pro­posed devel­op­ment will con­nect to the pub­lic sewage net­work and will not gen­er­ate excess sur­face water. Scot­tish Water have raised no objec­tion to the pro­posed devel­op­ment and while a num­ber of rep­res­ent­a­tions have ques­tioned the abil­ity of the net­work to take fur­ther con­nec­tions, that mat­ter, and the linked point over con­nec­tion to the pub­lic water sup­ply, will be one for Scot­tish Water to decide at the point con­nec­tions are requested.

3. The site will also be con­nec­ted to the mains elec­tri­city sup­ply with­in Tomin­toul. Again, the decision on wheth­er the con­nec­tion is pos­sible without com­prom­ising the wider sup­ply is one for the con­nec­tion pro­vider at the point of a request. The grant of plan­ning per­mis­sion does not guar­an­tee the avail­ab­il­ity of sup­ply or right to a connection.

4. A num­ber of oth­er ser­vi­cing require­ments and the demon­stra­tion of appro­pri­ate waste man­age­ment arrange­ments will be con­trolled through the site licence that will be required via Moray Council’s Envir­on­ment­al Health depart­ment in order for the pro­posed site to operate.

5. The pro­pos­al is con­sidered to com­ply with Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion and Policy 22: Flood Risk and Water Man­age­ment of NPPF4 and with Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Access

1. Policy 13: Sus­tain­able Trans­port of NPF4 sup­ports devel­op­ments that provide dir­ect, easy, segreg­ated, and safe links to loc­al facil­it­ies via walk­ing, wheel­ing, and cyc­ling net­works before occu­pa­tion. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to pro­mote sus­tain­able trans­port 11

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

meth­ods and act­ive travel and max­im­ise oppor­tun­it­ies for respons­ible out­door access.

1. The devel­op­ment is loc­ated close to the centre of Tomin­toul on quite roads and with imme­di­ate con­nec­tions to the loc­al path net­work. Moray Council’s trans­port plan­ning team are sat­is­fied that with con­di­tions to man­age the devel­op­ment, there are no impacts on road safety from the devel­op­ment and no fur­ther improve­ments required to the pub­lic road net­work. Sub­ject to the con­di­tions reques­ted by Moray Coun­cil, the pro­pos­al is con­sidered to com­ply with Policy 13: Sus­tain­able Trans­port of NPF4 and Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Amen­ity

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 states that devel­op­ment should pro­tect the amen­ity enjoyed by neigh­bours includ­ing min­im­isa­tion of dis­turb­ance caused by access to the devel­op­ment site.

2. A num­ber of rep­res­ent­a­tions have raised con­cerns over access to site, noise from the site. Moray Coun­cil are sat­is­fied that the road net­work and vehicle access arrange­ments are suit­able for the development.

3. The devel­op­ment itself is loc­ated bey­ond exist­ing busi­ness and indus­tri­al facil­it­ies that sit across roads from res­id­en­tial prop­er­ties and the site licence for the site that will need to be obtained from Moray Coun­cil will con­trol noise and set lim­its on activ­ity in order to pro­tect neigh­bours further.

Oth­er Issues Raised in Representations

1. One rep­res­ent­a­tion noted con­cern at the com­pet­i­tion with the facil­it­ies offered by the bowl­ing club for overnight stays by camper vans and cara­vans that helps fund the upkeep of the bowl­ing club. The pro­posed devel­op­ment clearly offers an altern­at­ive stop­ping point, and will cre­ate choice for cus­tom­ers, but appears to be a dif­fer­ent type of stop­over with more facil­it­ies and pre­sum­ably a high­er cost. Com­pet­i­tion on the open mar­ket is not a mater­i­al plan­ning con­sid­er­a­tion, so is not a rel­ev­ant mat­ter for the determ­in­a­tion of this applic­a­tion. Nev­er­the­less, while it is pos­sible to under­stand the fears of com­pet­i­tion, it is also pos­sible to envis­age the two facil­it­ies provid­ing dif­fer­ent ser­vices at dif­fer­ent prices that will appeal to dif­fer­ent cus­tom­ers. 12

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. A num­ber of rep­res­ent­a­tions and later cor­res­pond­ence com­plained to the CNPA that they had not been suf­fi­ciently con­sul­ted on the pro­pos­als. This is entirely a mat­ter for the applic­ant, though officers under­stand that the pro­pos­al was iden­ti­fied through con­sulta­tion with the com­munity and has been dis­cussed at a num­ber of pub­lic meet­ings. The plan­ning applic­a­tion was advert­ised in the nor­mal way by Moray Coun­cil when it was received and the applic­ant fol­lowed the cor­rect pro­ced­ures in mak­ing the application.

2. A few rep­res­ent­a­tions raised con­cern over secur­ity, their insur­ance premi­ums, the abil­ity of Moray Coun­cil, the police or health­care ser­vices to deal with impacts of the pro­posed devel­op­ment. Moray Coun­cil ser­vices have had the oppor­tun­ity to con­sider the impacts of the pro­posed devel­op­ment and there are no unusu­al impacts expec­ted from the devel­op­ment on poli­cing or health­care services.

3. A num­ber of res­id­ents have raised the lack of facil­it­ies for tents as a con­cern. Officers are sat­is­fied that the applic­ant will have under­taken their own mar­ket research on the demand for stays and have cre­ated a pro­pos­al and busi­ness plan that meets that. The site would be cap­able of being adap­ted for tents in future if that demand arises.

CON­CLU­SION

1. The pro­posed devel­op­ment will cre­ate a new site for cara­vans and camper­vans on a busy through route in what is a rel­at­ively remote part of the Nation­al Park. The applic­a­tion is being made by the com­munity devel­op­ment trust to cre­ate a rev­en­ue rais­ing social enter­prise that also attracts more overnight stays in Tomin­toul with a wider eco­nom­ic bene­fit in terms of cus­tom­ers for oth­er exist­ing or new busi­nesses. The pro­pos­al is on a site alloc­ated for busi­ness use and sub­ject to some con­di­tions to man­age the pro­pos­al should be a long term asset to Tomin­toul and the wider area so is recom­men­ded for approval.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Change of use and alter­a­tion to form new camp­site shower facil­ity hard stand­ing and foul at The Old Mart Con­glass Lane Tomin­toul Moray for the fol­low­ing reasons/​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. 13

Con­di­tions CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. No devel­op­ment shall com­mence on site until a fully detailed land­scap­ing scheme both hard and soft land­scap­ing pro­pos­als and the future main­ten­ance and man­age­ment of the pro­posed scheme has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This shall include, but not be lim­ited to: a) Hard land­scap­ing mater­i­al spe­cific­a­tion; b) Soft land­scap­ing plant and tree spe­cies includ­ing plant­ing spe­cific­a­tions (spe­cies, num­ber, size and plant­ing mix); c) Pro­pos­als for cre­ation and man­age­ment of a spe­cies-rich mead­ow to the north-east of the site to enhance biod­iversity; d) Pro­pos­als of the install­a­tion of house mar­tin boxes on the exist­ing building;

There­after, the devel­op­ment shall be imple­men­ted in accord­ance with those approved details and not later than the expiry of the next plant­ing sea­son fol­low­ing com­mence­ment of the devel­op­ment or with­in such time as approved by CNPA act­ing as Plan­ning Authority.

Reas­on: To ensure the long-term reten­tion of an appro­pri­ate land­scap­ing set­ting, enhanced biod­iversity and to ensure the devel­op­ment will not have an adverse impact on the land­scape set­ting or eco­lo­gic­al qual­ity of the devel­op­ment in accord­ance with Policy 1: Cli­mate and Nature Crises, Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of NPF4 and Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No devel­op­ment shall com­mence until a full light­ing man­age­ment plan has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The light­ing man­age­ment plan shall include details of all extern­al light­ing with­in the site and on the exist­ing build­ing as well as details of site rules for man­age­ment of light from cara­vans, camper vans and oth­er vehicles. There­after, the devel­op­ment shall be imple­men­ted and oper­ate in accord­ance with those approved details.

Reas­on: To min­im­ise light pol­lu­tion from the devel­op­ment and ensure no impacts on dark skies spe­cial land­scape qual­ity or the Dark Sky Par in accord­ance with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021

1. No devel­op­ment shall com­mence until a con­struc­tion meth­od state­ment has been sub­mit­ted to and approved in writ­ing by the 14

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The con­struc­tion meth­od state­ment shall include but be lim­ited to:

a) Details of soil move­ment and stor­age with­in the site; b) Details of stand­ard pol­lu­tion pre­ven­tion and dust and run­off pre­ven­tion meas­ures; c) If any works are to be under­taken dur­ing bird breed­ing sea­son, spe­cies pro­tec­tion plans for any birds that would be dis­turbed. d) Details of pre-con­struc­tion checks for pro­tec­ted species

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

Reas­on: To ensure the con­struc­tion of the devel­op­ment has no det­ri­ment­al envir­on­ment­al effects in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of NPF4 or Policy 3, Design and Place­mak­ing, Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No devel­op­ment shall com­mence until a vis­ib­il­ity splay 2.4 metres by 25 metres has been provided in both dir­ec­tions at the site access onto Con­glass Lane, with all bound­ar­ies set back to a pos­i­tion behind the required vis­ib­il­ity splays; and main­tained there­after at all times free of any obstruc­tion great­er than 0.26m in height meas­ured from the level of the carriageway.

Reas­on: To enable drivers of vehicles leav­ing the site to have a clear view over a length of road suf­fi­cient to allow safe exit, in the interests of road safety for the pro­posed devel­op­ment and oth­er road users.

1. Pri­or to the first occu­pa­tion of the camp­site, details of an inform­a­tion pack for vis­it­ors will be sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The inform­a­tion shall include but be lim­ited to:

a) Details of inform­a­tion on site and off site explain­ing out­door access oppor­tun­it­ies nearby; b) how the Scot­tish Out­door Access Code is applied in the area and any meas­ures needed to avoid dis­turb­ance to live­stock and to breed­ing birds; c) Site man­age­ment rules to avoid dis­turb­ance to neighbours.

There­after the approved inform­a­tion shall be installed and main­tained in per­petu­ity unless oth­er­wise agreed in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. 15

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

Reas­on: To ensure the cus­tom­ers under­stand oppor­tunties to enjoy the area respons­ibly and to pro­tect the amen­ity of neigh­bours in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. Pri­or to the first occu­pa­tion of the camp­site park­ing shall be provided in accord­ance with sub­mit­ted draw­ing ref­er­ence ​“220106.GILES.03PP Revi­sion J”. The park­ing spaces shall there­after be retained through­out the life­time of the devel­op­ment, unless oth­er­wise agreed in writ­ing with the Coun­cil as Plan­ning Authority.

Reas­on: To ensure the per­man­ent avail­ab­il­ity of the level of park­ing neces­sary for customers/​staff/​others in the interests of an accept­able devel­op­ment and road safety.

1. Pri­or to the first occu­pa­tion of the camp­site a new traffic sign ​“Unsuit­able for cara­vans” shall be erec­ted on the exist­ing street light­ing column loc­ated at Ord­nance Sur­vey grid ref­er­ence 316928,818789 in pri­or agree­ment with and to the writ­ten sat­is­fac­tion of the Roads Author­ity (Traffic Signs Reg­u­la­tions and Gen­er­al Dir­ec­tions 2016, Sign dia­gram num­ber 820).

Reas­on: To ensure accept­able devel­op­ment in the interests of road safety.

1. Pri­or to the first occu­pa­tion of the camp­site white car­riage­way edge mark­ings shall be provided with­in Con­glass Lane across the full extents of the Moray Coun­cil yard front­age, includ­ing a sec­tion of hatched area to the north of the Coun­cil yard access (as shown on sub­mit­ted draw­ing ​“220106.GILES.03PP Revi­sion J”). The car­riage­way mark­ings shall be provided in pri­or agree­ment with and to the writ­ten sat­is­fac­tion of the Roads Authority.

Reas­on: To ensure accept­able devel­op­ment in the interests of road safety.

1. No water shall be per­mit­ted to drain or loose mater­i­al be car­ried onto the pub­lic footway/​carriageway.

Reas­on: To ensure the safety and free flow of traffic on the pub­lic road and access to the site by min­im­ising the road safety impact from extraneous mater­i­al and sur­face water in the vicin­ity of the new access.

1. Pri­or to the first occu­pa­tion of the site, a turn­ing area shall be provided with­in the cur­til­age of the site to enable vehicles to enter and exit in a for­ward gear. 16

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

Reas­on: To ensure the pro­vi­sion for vehicles to enter/​exit in a for­ward gear in the interests of the safety and free flow of traffic on the pub­lic road. 17

Inform­at­ives CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

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.

3. 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.

4. The developer should note that the sec­tion of Con­glass lane between the site access and the A939 Nairn — Tomin­toul — Bal­later Road is private and is not adop­ted by the Roads Author­ity. The sec­tion of access lead­ing onto Con­glass Lane is also private. It would be the developer’s respons­ib­il­ity to estab­lish any Rights of Vehicu­lar Access with the party (parties) in con­trol of the private road which serves the site. The developer would also be respons­ible for ensur­ing that the exist­ing vehicu­lar access along the access track to the rear of nos 1 – 4 Con­glass lane is retained, and that con­tin­ued parking/​access to the adja­cent elec­tri­city sub-sta­tion is also accommodated.

5. The new traffic advis­ory sign shall be provided in accord­ance with The Traffic Signs Reg­u­la­tions and Gen­er­al Dir­ec­tions 2016, Sign dia­gram num­ber 820 ​“Unsuit­able for cara­vans”, x‑height 50mm, class ref 2 mater­i­al. Moun­ted on exist­ing light­ing column with clips and rub­ber band­ing to pro­tect the street light­ing column. Min­im­um mount­ing height of 2.1 metres above the car­riage­way. 18

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6

1. The road mark­ings shall also be provided in accord­ance with Traffic Signs Reg­u­la­tions and Gen­er­al Dir­ec­tions 2016 (please refer to sign dia­gram num­ber 1040.4 for the hatched mark­ings). Fur­ther tech­nic­al advice on the road mark­ings and new traffic advis­ory sign is avail­able by email­ing james.​smith@​moray.​gov.​uk (Engin­eer Traffic). Note — the developer shall be respons­ible for all costs asso­ci­ated with the pro­cure­ment and pro­vi­sion of the new sign and road markings.

2. Before start­ing any work on the exist­ing pub­lic road the applic­ant is obliged to apply for a road open­ing per­mit in accord­ance with Sec­tion 56 of the Roads (Scot­land) Act 1984. This includes any tem­por­ary access join­ing with the pub­lic road. Advice on these mat­ters can be obtained by email­ing roadspermits@​moray.​gov.​uk

3. Pub­lic util­ity appar­at­us may be affected by this pro­pos­al. Con­tact the appro­pri­ate util­ity ser­vice in respect of any neces­sary util­ity ser­vice alter­a­tions which have to be car­ried out at the expense of the developer.

4. The applic­ant shall be respons­ible for ensur­ing that surface/​ground water does not run from the pub­lic road into their property.

5. No build­ing materials/scaffolding/builder’s skip shall obstruct the pub­lic road (includ­ing foot­paths) without per­mis­sion from the Roads Authority.

6. The applic­ant shall free and relieve the Roads Author­ity from any claims arising out of their oper­a­tions on the road or exten­sion to the road.

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