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Item6AA22KingussieHousing20200013DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Erec­tion of 22 apart­ments, form­a­tion of access road, SUDS, land­scap­ing at Land 65M South Of 22 Ker­row Drive, Kingussie

REF­ER­ENCE: 2020/0013/DET

APPLIC­ANT: Cairngorm Res­id­en­tial LLP

DATE CALLED-IN: 20 Janu­ary 2020

RECOM­MEND­A­TION: Approve Sub­ject to Conditions

CASE OFFICER: Rob­bie Cal­vert, Gradu­ate Planner


CNPA Plan­ning Committee

Applic­a­tion Site N

0 15 30 60 Meters

[Map]

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

  1. The applic­a­tion site is cur­rently improved graz­ing land loc­ated on the north-west side of Kin­gussie. The site is part of site EPI between Ard­broilach Road and Craig an Darach as des­ig­nated in the Cairngorm Nation­al Park Devel­op­ment Plan 2015. The mas­ter­plan for this wider site has per­mis­sion for up to 300 houses but this per­mis­sion and asso­ci­ated con­di­tions has now expired (2015/0316/DET and 2015/0317/DET). Low voltage lines run along the west­ern boundary.

  2. 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).

  3. The site slopes north-west to south-east, is approx­im­ately 1.01 hec­tares in area and the takes the form of an L‑Shape. The site sits south west 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: http://​www​.eplan​ningcnpa​.co​.uk/​o​n​line- applications/applicationDetails.do?activeTab=summary&keyVal=Q43OKWSI0CH00
TitleDraw­ing Num­berDate on Plan*Date Received
Loc­a­tion PlanPL00101/11/1920/01/20
Site Plan LayoutPL002 Rev E01/11/1901/07/20
Site Sec­tions Pro­posed and Exist­ing LevelsPL 30701/12/1920/01/20
Street Elev­a­tions PlanPL 306 Rev A01/11/1920/01/20
Elev­a­tion Plan Block A Apart­ments 1 — 4PL 300 Rev A01/11/1920/01/20
Elev­a­tion Plan Block B Apart­ments 5 — 8PL 301 Rev A01/11/1920/01/20
Elev­a­tion Plan Block C Apart­ments 9 — 12PL 302 Rev B01/11/1920/01/20
Elev­a­tion Plan Block D Apart­ments 13 — 16PL 303 Rev B01/11/1920/01/20

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

TitleDraw­ing Num­berDate on Plan*Date Received
Elev­a­tion Plan Block E Apart­ments 17 & 18PL 30401/11/1920/01/20
Elev­a­tion Plan Block F Apart­ments 19 — 22PL 305 Rev A01/11/1920/01/20
Floor Plans – 2 Apart­ment BuildingsPL 10101/11/1920/01/20
Floor Plans — 4 Apart­ment BuildingsPL 10001/11/1920/01/20
Cross Sec­tionPL 20001/12/1920/01/20
Typ­ic­al Stair SectionPL 20101/02/1920/02/20
Roads Lay­out Plan12474004910 Rev 3-01/07/20
Roads Con­tours12474004913 Rev 2-01/07/20
Drain­age Lay­out Plan12474004920 Rev 4-01/07/20
Site Levels Plan12474004930 Rev 4-01/07/20
Land­scape Plant­ing ProposalsCR 100.20 SL-02 Rev D21/01/2001/07/20
Land­scape Main­ten­ance PlanCR 1000.20 Rev C09/03/2001/07/20
SuDS Con­struc­tion Details12474004924-01/07/20
Pro­posed Changes to Path NetworkPL 00401/03/2004/03/20
Retain­ing Wall Details12474004931-20/01/20
Bound­ary Fence DetailsPL 40001/11/1920/01/20
Vehicle Swept Path Analysis12474004914 Rev 2-01/07/20
Over­land Flood Analysis12474004925 Rev 4-01/07/20
Cut and Fill Isopachytes12474004933-26/02/20
*Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1st of the month.
  1. Plans of the pro­pos­als are included with­in Appendix I

  2. The applic­a­tion seeks full plan­ning per­mis­sion for the erec­tion of 22, two bed­room apart­ments with asso­ci­ated access, park­ing and land­scap­ing. A mix­ture of build­ing types is pro­posed includ­ing five identic­al two up two down’, 2 storey blocks with four flats in a block and one, 2 storey build­ing with two flats. The lay­out pro­poses a spine road with houses to the east and south and a short cul-de-sac to the east. A SUDs basin is pro­posed to the south-east of the site. Due to the slop­ing nature of the site


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

  1. sig­ni­fic­ant changes to ground levels have been pro­posed to a max­im­um of approx­im­ately 10 metres along­side step­ping of the build­ings to min­im­ise the use of new retain­ing structures.

Vehicle 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.

  1. 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.

  2. Pro­posed fin­ishes for all house types are indic­ated as being a mix­ture of weather­board, tim­ber and white render with grey roof tiles. Pro­vi­sions are made for photo­vol­ta­ic pan­els on the roof.

  3. A total of 35 car park­ing spaces have been provided.

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

  5. A num­ber of sup­port­ing doc­u­ments have been provided as fol­lows: a) Plan­ning and Design State­ment b) Drain­age Impact Assessment

His­tory

  1. The fol­low­ing details of the plan­ning his­tory for the pro­posed site are as fol­lows: a) 2015/0317/DET – applic­a­tion under Sec­tion 42 for vari­ation or non-com­pli­ance with con­di­tions 4 (haul road), 7 (land­scap­ing) and 8 (re-seed­ing of plots) for Phase I Hous­ing Devel­op­ment of 37 ser­viced plots and 18 afford­able dwell­ings gran­ted under Plan­ning Per­mis­sion Ref. PPA-0012013 – per­mis­sion gran­ted 29 March 2017.

b) 2015/0316/DET – applic­a­tion for plan­ning per­mis­sion for a haul road – plan­ning per­mis­sion gran­ted 29 March 2017.

c) 2013/0190/MSC – Part I – approv­al of a num­ber of mat­ters spe­cified in con­di­tions includ­ing a mas­ter­plan of the entire site and details of lay­out and ser­vi­cing of Phase I (55 res­id­en­tial units – 37 ser­viced plots and 18 afford­able houses), con­struc­tion of a haul road to east of Phase I with new junc­tion onto A86 trunk road and pro­pos­al for res­id­en­tial access (post con­struc­tion) for Phase I to Dun­barry Road/​Dunbarry Ter­race – plan­ning per­mis­sion refused by CNPΑ. Sub­sequent appeal upheld by DPEA 2014 approv­ing major­ity of con­di­tions of 09/048/CP.

d) 2013/0190/MSC – Part 2 – Sec­tion 42 applic­a­tion for plan­ning per­mis­sion without com­pli­ance with Con­di­tion 4 of 09/048/CP to per­mit access from Dun­barry Terrace/​Road and Ker­row Drive net­work – plan­ning per­mis­sion refused by CNPA. Sub­sequent appeal upheld by DPEA who issued a revised plan­ning per­mis­sion in prin­ciple ref­er­ence PPA-0012013 which included a new con­di­tion allow­ing 55 houses in Phase I to be accessed from the Dunbarry


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

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.

e) 09/048/CP – devel­op­ment for hous­ing, eco­nom­ic and com­munity uses plan­ning per­mis­sion in prin­ciple gran­ted on 18 Janu­ary 2013 fol­low­ing con­clu­sion of leg­al agreement.

  1. An applic­a­tion for the erec­tion of 23 afford­able houses (2020/0067/DET) on land to the north east of the site has also been called in by the CNPA.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al PolicyScot­tish Plan­ning Policy 2014
Stra­tegic PolicyCairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022
Loc­al Plan PolicyCairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015)
Those policies rel­ev­ant to the assess­ment of this applic­a­tion are
marked with a cross
POLICY INEW HOUS­ING DEVELOPMENTX
POLICY 2SUP­PORT­ING ECO­NOM­IC GROWTH
POLICY 3SUS­TAIN­ABLE DESIGNX
POLICY 4NAT­UR­AL HERITAGEX
POLICY 5LAND­SCAPEX
POLICY 6THE SIT­ING AND DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIPMENT
POLICY 7RENEW­ABLE ENERGY
POLICY 8SPORT AND RECREATION
POLICY 9CUL­TUR­AL HERITAGE
POLICY 10RESOURCESX
POLICY 11DEVELOPER CON­TRI­BU­TIONSX
  1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Loc­al Devel­op­ment Plan. The full word­ing of policies can be found at: http://​cairngorms​.co​.uk/​u​p​l​o​a​d​s​/​d​o​c​u​m​e​n​t​s​/Park Authority/Planning/LDP15.pdf

Plan­ning Guidance

  1. Sup­ple­ment­ary guid­ance also forms part of the Loc­al Devel­op­ment Plan and provides more details about how to com­ply with the policies. Guid­ance that is rel­ev­ant to this applic­a­tion is marked with a cross.
Policy
Policy INew Hous­ing Devel­op­ment Non-Stat­utory GuidanceX
Policy 2Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance
Policy 3Sus­tain­able Design Non-Stat­utory GuidanceX
Policy 4Nat­ur­al Her­it­age Sup­ple­ment­ary GuidanceX
Policy 5Land­scape Non-Stat­utory GuidanceX
Policy 7Renew­able Energy Sup­ple­ment­ary Guidance

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

Policy
Policy 8Sport and Recre­ation Non-Stat­utory Guidance
Policy 9Cul­tur­al Her­it­age Non-Stat­utory Guidance
Policy 10Resources Non-Stat­utory GuidanceX
Policy 11Developer Con­tri­bu­tions Sup­ple­ment­ary GuidanceX

Cairngorms Nation­al Park Loc­al Devel­op­ment 2019

  1. The emer­ging Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (“Pro­posed Plan”) which will cov­er the peri­od of 20202025 is cur­rently being pro­gressed. The pro­posed plan has been through a pub­lic con­sulta­tion pro­cess and the form­al responses have been assessed and sub­mit­ted along with all oth­er rel­ev­ant mater­i­als to Scot­tish Min­is­ters for exam­in­a­tion. As the exam­in­a­tion of the Pro­posed Plan is on- going, the Pro­posed Plan and its con­tents cur­rently carry lim­ited weight.

CON­SULTA­TIONS

Sum­mary of the Main Issues Raised by Consultees

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

  2. The High­land Coun­cil (Trans­port Plan­ning Team) objec­ted to the devel­op­ment pending approv­al from Scot­tish Water that they will adopt sur­face water drain­age pro­pos­als. How­ever, the High­land Coun­cil Flood Risk Man­age­ment Team are sat­is­fied that adequate drain­age pro­pos­als can be secured by way of con­di­tion. The Trans­port Plan­ning Team advised that any plan­ning per­mis­sion gran­ted should include con­di­tions relat­ing to cycle park­ing, the pro­vi­sion of a new bus stop and pro­vi­sion of a suit­ably designed path from the devel­op­ment to Camp­bell Crescent.

  3. The High­land Coun­cil (Flood Risk Man­age­ment Team) ini­tially objec­ted to the drain­age strategy for the site, but fol­low­ing the sub­mis­sion of fur­ther inform­a­tion with­drew the objec­tion sub­ject to a suit­ably worded con­di­tion requir­ing that the final drain­age design be sub­mit­ted for review and approv­al, includ­ing con­firm­a­tion that Scot­tish Water are will­ing to adopt the net­work and that they will accept sur­face water dis­charge from the site into their exist­ing network.

  4. The High­land Coun­cil (Developer Con­tri­bu­tions Team) advised that no developer con­tri­bu­tions would be required from this proposal.

  5. CNPA Out­door Access Officer is sat­is­fied that con­di­tions can be applied to ensure the design and spe­cific­a­tions of private foot­paths meets High­land Coun­cil guidance.

  6. 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.

  7. CNPA Land­scape Officer advised that the over­all approach of land­scap­ing on site is wel­comed, with the devel­op­ment gen­er­ally relat­ing well to the land­scape char­ac­ter and Spe­cial Land­scape Qual­ity of the area.


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

  1. Kin­gussie Com­munity Coun­cil was con­sul­ted but have not provided any com­ments at the time of writing.

REP­RES­ENT­A­TIONS

  1. One let­ter of objec­tion has been sub­mit­ted which is attached in Appendix 2.

  2. The object­or high­lights con­cerns of the age of tri­al pit inform­a­tion used to inform the drain­age impact assess­ments and pro­posed car park­ing lay­out. The object­or was how­ever sup­port­ive of the gen­er­al lay­out, design and fin­ishes proposed.

  3. One gen­er­al com­ment has been sub­mit­ted which is attached in Appendix 2.

  4. The com­menter was seek­ing cla­ri­fic­a­tion on land­scap­ing details and main­ten­ance arrange­ments, the height of build­ings, dis­tance of new pro­posed road to bound­ary wall and details on tenure.

APPRAIS­AL

Prin­ciple of Housing

  1. Policy 1: New Hous­ing Devel­op­ment, of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 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. Policy 1.4: Con­tri­bu­tion towards 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 1.4 and argu­ably also meets the 100% afford­able hous­ing tar­get of policy 1.5. The applic­a­tion is con­sidered to com­ply with Policy 1: Afford­able Hous­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

  2. 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.


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

Land­scape Issues, Lay­out and Design

  1. Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 pre­sumes against devel­op­ment which does not con­serve and enhance the land­scape char­ac­ter and spe­cial qual­it­ies of the Nation­al Park and in par­tic­u­lar the set­ting of the pro­posed devel­op­ment. This is rein­forced by Policy 3: Sus­tain­able Design, which seeks to ensure that all new devel­op­ment is sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the sur­round­ing areas, loc­al ver­nacu­lar and loc­al distinctiveness.

  2. The over­all approach to land­scap­ing of the site is con­sidered appro­pri­ate, sit­ting well with­in the wider land­scape con­trib­ut­ing to both visu­al amen­ity and biod­iversity. This is sup­por­ted by com­ments received from the CNPA Land­scape Officer con­firm­ing that the pro­posed devel­op­ment site has capa­city to accom­mod­ate new hous­ing with­in the land­scape and that the devel­op­ment gen­er­ally relates well to the land­scape char­ac­ter and Spe­cial Land­scape Qual­ity of the area.

  3. In terms of over­all design the house types are con­sidered to be func­tion­al and sat­is­fact­ory, and are of simple design incor­por­at­ing an accept­able range of materials.

  4. The pro­posed devel­op­ment is there­fore con­sidered to com­ply with Policy 3: Sus­tain­able Design of the Cairngorms Nation al Park Loc­al Devel­op­ment Plan 2015.

Envir­on­ment­al Impacts

  1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan seeks to ensure that there are no adverse effects on European Pro­tec­ted Spe­cies and oth­er biod­iversity interests.

  2. SNH 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. The CNPA Eco­logy Officer con­cluded that there would be no likely sig­ni­fic­ant effects on biod­iversity interests with appro­pri­ate con­di­tions applied.

  3. There­fore the applic­a­tion is the applic­a­tion is con­sidered to com­ply with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Flood­ing and Sur­face Water Drainage

  1. Policy 10: Resources of the Cairngorm Nation­al Park Devel­op­ment Plan 2015 requires that all devel­op­ment should be free from sig­ni­fic­ant risk of flood­ing, not increase the risk of flood­ing else­where, not add to the area of land requir­ing flood pre­ven­tion meas­ures and not affect the abil­ity of the func­tion­al flood plain to store or move flood waters. 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 water­courses and any

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

unne­ces­sary engin­eer­ing works in the water envir­on­ment. This policy also requires that sur­face water be treated in accord­ance with the SUDs manual.

  1. Although High­land Coun­cil Trans­port Plan­ning team con­tin­ue to object to the sur­face water drain­age details, this is on the basis that the details of the cel­lu­lar stor­age are not to an adopt­able stand­ard. In accord­ance with advice provided by High­land Coun­cil Flood Man­age­ment Team a con­di­tion can be applied to ensure that details are sub­mit­ted for approv­al that com­ply with both the Council’s require­ments and those of Scot­tish Water so that they are will­ing to adopt the net­work, accept­ing sur­face water dis­charge from the site into their exist­ing net­work. Sub­ject to an appro­pri­ate con­di­tion regard­ing amended details of detailed drain­age design and roads drain­age infra­struc­ture the pro­posed devel­op­ment is con­sidered to com­ply with Policy 10: Resources of the Cairngorms Nation­al Park Devel­op­ment Plan 2015.

Ser­vi­cing and Access

  1. Policy 3: Sus­tain­able Design and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 set out the need for new devel­op­ment to be sat­is­fact­or­ily ser­viced and without harm to resources or the environment.

  2. The High­land Coun­cil have reques­ted that appro­pri­ate con­di­tions be attached relat­ing to cycle park­ing, the pro­vi­sion of a new bus stops and detailed design of the pro­posed path link between from the devel­op­ment to Camp­bell Cres­cent. 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.

  3. Sub­ject to appro­pri­ate con­di­tions, the pro­posed devel­op­ment is con­sidered to com­ply with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Authority.

Developer Con­tri­bu­tions

  1. Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 set out that where devel­op­ment gives rise to a need to increase or improve pub­lic ser­vices, facil­it­ies or infra­struc­ture or mit­ig­ate adverse effects then the developer will nor­mally be required to make a fair and reas­on­able con­tri­bu­tion towards addi­tion­al costs or require­ments. The devel­op­ment is not pre­dicted to exceed the capa­city of Kin­gussie High School or Kin­gussie Primary School. The High­land Coun­cil Trans­port Plan­ning Team have iden­ti­fied pub­lic trans­port require­ments in terms of the pro­vi­sion of ser­viced bus shel­ters with­in 400 metres of the devel­op­ment. This can be secured by way of condition.

  2. In these cir­cum­stances the devel­op­ment is con­sidered to com­ply with Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015, which sets out that where devel­op­ment gives rise to a need to increase or improve pub­lic ser­vices facil­it­ies or infra­struc­ture or to mit­ig­ate adverse effects the developer will be required to be make a fair and reas­on­able con­tri­bu­tion con­sist­ent with the scale and nature of the development.


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

Oth­er Issues Raised in Con­sulta­tions and Representations

  1. An object­or raised con­cerns over the age of the tri­al pits used to inform the Drain­age Impact Assess­ment. The High­land Coun­cil Flood Man­age­ment Team con­siders the infilt­ra­tion tests under­taken to be com­pet­ent and suf­fi­cient for the apprais­al of the application.

  2. An object­or raised con­cerns over park­ing in terms in terms of the loc­a­tion of park­ing bays. The High­land Coun­cil Trans­port Plan­ning Team con­siders that the park­ing provided is accept­able in terms of both amount provided and layout.

CON­CLU­SION

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

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Erec­tion of 22 apart­ments, form­a­tion of access road, SUDS, land­scap­ing 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. No devel­op­ment shall com­mence 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.


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

  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 CNPA.

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 2015.

  1. No devel­op­ment shall com­mence until either: a) A scheme for the deliv­ery of two bus shel­ters has been sub­mit­ted to and approved in writ­ing by the in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning Team. The design and spe­cific­a­tion of the shel­ters shall meet the require­ments of the High­land Coun­cil Pub­lic Trans­port Team as Roads Author­ity. The scheme shall include details of the designs, loc­a­tions, asso­ci­ated groundworks/​site works, and timetable for deliv­ery. The scheme shall also reflect the require­ment for the shel­ters to be loc­ated: (1) out­side num­ber 2 High Street, Kin­gussie of full bus stop design and (2) at a loc­a­tion near number112 High Street, Kin­gussie of can­ti­lever design. The shel­ters shall there­after be installed and retained in accord­ance with those approved details; or b) Altern­at­ive arrange­ments for the deliv­ery of bus shel­ters meet­ing the require­ments of the High­land Coun­cil Trans­port Plan­ning Team as Roads Author­ity have been agreed and are con­firmed in writ­ing the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity by High­land Coun­cil as Roads Authority.

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


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

  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 2015.

  1. No devel­op­ment shall com­mence on site until revised plans for cycle stor­age are sub­mit­ted to and approved in writ­ing by Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning team. This shall include: a) Detailed dimen­sions of secure cycle provision b) Vis­it­or cycle park­ing loc­ated dir­ectly out­side each building

Reas­on: To ensure that safe cycle stor­age is provided in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

  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 2015.

  1. No res­id­en­tial unit shall be con­struc­ted on site until details of the pro­vi­sion of bat boxes through­out the site have been sub­mit­ted to and approved in writ­ing by Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Authority.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

There­after the devel­op­ment shall be imple­men­ted in accord­ance with those approved details before occu­pa­tion of the res­id­en­tial unit(s) on which the rel­ev­ant bat boxes are to be loc­ated. The boxes shall then be main­tained and retained in situ.

Reas­on: To ensure the pro­vi­sion of enhanced oppor­tun­it­ies for bat roost­ing in accord­ance with Policy 4: Nat­ur­al Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015

  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 2015.

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

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

Inform­at­ives

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

  2. The 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.


CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 28/08/2020

  1. 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.

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

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

  4. The per­son under­tak­ing the devel­op­ment 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 service.​relocation@​scottishwater.​co.​uk. contact:

The map on the first page of this report has been pro­duced to aid in the stat­utory pro­cess of deal­ing with plan­ning applic­a­tions. The map is to help identi­fy the site and its sur­round­ings and to aid Plan­ning Officers, Com­mit­tee Mem­bers and the Pub­lic in the determ­in­a­tion of the pro­pos­al. Maps shown in the Plan­ning Com­mit­tee Report can only be used for the pur­poses of the Plan­ning Com­mit­tee. Any oth­er use risks infringing Crown Copy­right and may lead to pro­sec­u­tion or civil pro­ceed­ings. Maps pro­duced with­in this Plan­ning Com­mit­tee Report can only be repro­duced with the express per­mis­sion of the Cairngorms Nation­al Park Author­ity and oth­er Copy­right hold­ers. This per­mis­sion must be gran­ted in advance.

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