Item6AADulichtCourtHousingCommittee_Report

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PRO­POSED: Erec­tion of 19 houses at 29 Dulicht Court Grant­own On Spey

REF­ER­ENCE: 2022/0270/DET

APPLIC­ANT: RS McLeod Limited

DATE CALLED-IN: 5 Septem­ber 2022

RECOM­MEND­A­TION: Approve, sub­ject to con­di­tions and developer contribution

CASE OFFICER: Ed Swales, Mon­it­or­ing and Enforce­ment Officer

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

CNPA Plan­ning Committee

Applic­a­tion Site 0 35 70 140 Meters Dreg­gie N Quarry B Kylin­tra Burn Hosp Mus Spread’s Kylin­tra Burn 219.5m Seafield Court 木本 Issues Rexeon The Dulaig 220.4m Rhuarden Coire Bhro­chain, 2a 218.80Tanhu Gor­don Hall Parh Gal­lery Offices Meray Park The Cot­tage Mori-Ur Pond B 木 Crown copy­right and data­base rights 2023. Ord­nance Sur­vey Licence num­ber 100040965 24 – 29 1815 Sonas COP­PICE COURT 2

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The applic­a­tion site lies with­in the wider applic­a­tion site for the Beachen Court hous­ing devel­op­ment which was ori­gin­ally for 43 house plots plus 10 afford­able houses loc­ated to the north­w­est of Grant­own on Spey. The site was pre­vi­ously graz­ing land with the lower part of the site bounded by the Kylin­tra Burn which leads into the River Spey Spe­cial Area of Con­ser­va­tion (SAC). To the north lies Beachen Woods, a pop­u­lar walk­ing area with­in the town. Access for this part of the site is taken from Seafield Aven­ue. 42 dwell­ings have now been built which are a mix of house types and pur­chase methods.

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=RHF9X7SIOC P00

Title Draw­ing Date on Date Received Num­ber Plan* PLANS Plan — Loc­a­tion Plan RSMD/GO 01/07/22 02/09/22 S/SDA/LP A Plan — Site Lay­out RSMD/GO 01/07/22 01/09/22 S/SDA/SL A Plan — Floor elev­a­tion plan plots RMDL/373 01/06/22 02/09/22 40 – 42 56 – 57 60 – ⁶¹⁄₀₀₁ Plan — Floor elev­a­tion plan plots RMDL/373 01/06/22 02/09/22 43 – 46, 50, 52, 54 – 55, 58 – ⁵⁹⁄₀₀₂ Plan — Floor Elev­a­tions plots 47- RMDL/373 01/06/22 02/09/22 ⁴⁸⁄₀₀₃ Plan — SUDS POND 1 — PLAN & ¹⁴⁷¹³²⁄₂ 11/05/16 02/09/22 SEC­TIONS 0 C

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

Plan — Pro­posed Drain­age 10223/PD 01/04/23 24/04/23 Lay­out 2 Plan — Soil Dis­pers­al Area RSMD/GO 02/08/22 02/09/22 S/SDA/00 1 A Plan – Pro­posed Site Levels 10223/PD 01/04/23 24/04/23 1 SUP­PORT­ING INFORM­A­TION Oth­er — Design State­ment 02/09/22 Oth­er — Sur­face Water ¹⁰²²³⁄₀₄ 01/04/23 24/04/23 Man­age­ment Plan 12 *Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. The applic­a­tion seeks to vary the ori­gin­al per­mis­sion which gran­ted con­sent for 10 build­ing plots to the north and north­w­est bound­ar­ies of the site. It is now pro­posed to build 19 prop­er­ties over these plots, which will include 3 detached houses and 16 semi-detached houses. The units will not be sub­ject to afford­able hous­ing require­ments as the applic­ant has cla­ri­fied that the over­all site provides more than the required num­bers of afford­able units.

2. The new lay­out requires a new drain­age arrange­ment, and the applic­ant is pro­pos­ing a SuDS pond formed bey­ond the north­most point of the houses. This part of the site has been used for depos­it­ing unused soil and rocks from the site which would be dis­persed to cre­ate a more nat­ur­al look­ing area and thus avoid­ing mov­ing this mater­i­al off the site. Plans of the pro­pos­al can be found at Appendix 1.

His­tory

1. The wider site has the fol­low­ing permissions:

a) 2016/0060/DET was the ori­gin­al applic­a­tion approved for the site. This applic­a­tion was for the cre­ation of 43 house plots and asso­ci­ated infra­struc­ture. This was approved along with 2015/0394/DET which was for the erec­tion of 10 afford­able hous­ing units. This was approved in Octo­ber 2016 and estab­lished the wider stra­tegic land­scap­ing that the cur­rent applic­a­tion sits with­in. b) 2017/0286/DET was for the erec­tion of 16 houses, per­mis­sion for this was gran­ted in Decem­ber 2017. c) 2019/0275/DET was for the erec­tion of 13 houses, per­mis­sion for this was gran­ted in Novem­ber 2019. d) 2019/0254/DET, 2019/0259/DET and 2019/0353/DET were approved for the erec­tion of indi­vidu­al hous­ing units on the site of the cur­rent application.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

e) There have also been oth­er infra­struc­ture applic­a­tions approved across the over­all site.

Hab­it­ats Reg­u­la­tions Apprais­al (HRA)

1. A Hab­it­ats Reg­u­la­tions Apprais­al has been under­taken to con­sider the effects of the pro­pos­als upon the con­ser­va­tion object­ives of the Natura Sites as lis­ted with­in the doc­u­ment attached at Appendix 2.

2. The Kylin­tra burn, which runs to the north of the site, is con­nec­ted to the River Spey SAC and so there is poten­tial for likely sig­ni­fic­ant effects on Otter, Atlantic sal­mon, sea lamprey, fresh water pearl mus­sel (dis­turb­ance and pol­lu­tion dur­ing con­struc­tion phase in par­tic­u­lar the con­struc­tion of the SUDs out­flow and foul drain con­nec­tion, sed­i­ment release from ground works, entrap­ment of spe­cies, dis­turb­ance from recre­ation­al activ­ity of pub­lic) which are qual­i­fy­ing interests of the SAC and there­fore a poten­tial effect on its site integ­rity. How­ever, the HRA con­cludes that as long as stand­ard good prac­tice meas­ures are applied to the devel­op­ment, includ­ing that no con­struc­tion works are under­taken with­in 10 metres of any water course, all the con­ser­va­tion object­ives would be met and there would be no effect on site integrity.

3. Regard­ing the rel­ev­ant Anagach Woods SPA and the qual­i­fy­ing interest of Caper­cail­lie, the HRA con­cludes that there will not be any likely sig­ni­fic­ant effect to Caper­cail­lie and as such this con­ser­va­tion object­ive of the rel­ev­ant SPA is met.

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 9 Brown­field land, vacant and derel­ict land and empty build­ings POLICY 14 Design, Qual­ity and Place POLICY 15 Loc­al Liv­ing and 20 Minute Neigh­bour­hoods POLICY 16 Qual­ity Homes POLICY 17 Rur­al Homes POLICY 22 Flood Risk and Water Man­age­ment POLICY 23 Health and Safety POLICY 29 Rur­al Development

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

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 X POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH POLICY 3 DESIGN AND PLACE­MAK­ING X POLICY 4 NAT­UR­AL HER­IT­AGE X POLICY 5 LAND­SCAPE X POLICY 6 THE SIT­ING AND DEISGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT POLICY 7 RENEW­ABLE ENERGY POLICY 8 OPEN SPACE, SPORT AND RECRE­ATION POLICY 9 CUL­TUR­AL HER­IT­AGE POLICY 10 RESOURCES X POLICY 11 DEVELOPER OBLIG­A­TIONS X

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:

https://​cairngorms​.co​.uk/​w​p​-​c​o​n​t​e​n​t​/​u​p​l​o​a​d​s​/​2​0​2​1​/​0​3​/​C​N​P​A​-​L​D​P​-​2021- web.pdf

1. With­in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, the site forms part of a wider alloc­ated area for hous­ing, under alloc­a­tion Grant­own on Spey H1.

Plan­ning Guidance

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

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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

Policy 9 Cul­tur­al Her­it­age Non-Stat­utory Guid­ance Policy 10 Resources Non-Stat­utory Guid­ance X Policy 11 Developer Oblig­a­tions Sup­ple­ment­ary Guid­ance X

CON­SULTA­TIONS

1. NatureScot were con­sul­ted on the HRA, but at the time of writ­ing the report offered no comment.

2. Scot­tish Water con­firm that the applic­ant has sub­mit­ted a Pre-Devel­op­ment Enquiry which was approved in April but are unable to con­firm the sur­face water pro­pos­als until a later stage of the process.

3. The High­land Coun­cil Trans­port Plan­ning Team con­firm that provided Scot­tish Water will be will­ing to vest the new sur­face water drain­age and SuDS infra­struc­ture and High­land Coun­cil Flood Risk Man­age­ment Team are con­tent that the pro­pos­als will safely accom­mod­ate the pre­dicted flow demands whilst main­tain­ing accept­able dis­charge rates, they have no objec­tion to the pro­pos­als as sub­mit­ted. They they request that any per­mis­sion issued includes a require­ment to make a £5000 con­tri­bu­tion towards act­ive travel improve­ment pro­jects with­in the Grantown-on-Spey.

4. The High­land Coun­cil Flood Risk Man­age­ment Team is sat­is­fied with the prin­ciple of the pro­posed sur­face water drain­age scheme and with the loc­a­tion of the pro­posed deten­tion basin but require more tech­nic­al detail on a range of mat­ters to remove their objection.

5. CNPA Eco­logy Officer recom­mends that bat/​birds boxes should be installed on the new houses, that land­scaped areas incor­por­ate plant­ing of wild­flowers /​native shrubs and that a tree pro­tec­tion plan or meth­od state­ment for pro­tec­tion of remain­ing trees on site dur­ing con­struc­tion is required.

6. CNPA Out­door Access Officer notes the sig­ni­fic­ance of facil­it­at­ing pub­lic access and dog walk­ing oppor­tun­it­ies in the Beachen Woods and adja­cent areas as this will assist in ensur­ing no addi­tion­al recre­ation­al pres­sures are put on oth­er wood­land areas of Grant­own on Spey. They recom­mend that the developer includes links from the hous­ing devel­op­ment to the loc­al paths in this adja­cent woodland.

7. CNPA Land­scape Officer states that the prin­ciple of the devel­op­ment is accept­able how­ever they require the area pro­posed for aspen suck­er­ing to be fenced off from graz­ing with access gates installed for access pur­poses. Also the seed­ing and plant­ing mix around the SuDS pond and soil dis­pers­al area

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

will be required to be con­di­tioned. A con­tour plan of the soil dis­pers­al area is also required to ensure that it is land­scaped to a nat­ur­al finish.

1. Grant­own Com­munity Coun­cil were con­sul­ted but offered no comment.

REP­RES­ENT­A­TIONS

1. A num­ber of rep­res­ent­a­tions were sub­mit­ted dur­ing the applic­a­tion pro­cess. Cop­ies of all the pub­lic rep­res­ent­a­tions can be found in Appendix 3. The fol­low­ing is a sum­mary of the objections.

a) The access to the build site, cur­rently the site is accessed from Seafield Aven­ue then through an exist­ing res­id­en­tial area onto the site, this is a mat­ter for envir­on­ment­al health rather than a plan­ning mat­ter, as is the work­ing hours. b) Con­cerns regard­ing the over­look­ing of some pro­posed units into an exist­ing prop­erty. c) There are con­cerns the drain­age impacts and flood risk haven’t been fully addressed at the applic­a­tion stage. Where the SuDS drains is also of con­cern. d) The path that con­nects the site to the SuDS pond, required for main­ten­ance will cre­ate an anti­so­cial impact not cur­rently in place on the site. There is also con­cern of how this will be con­struc­ted. It is con­sidered that mov­ing the path to avoid the area and run it from plots 57 and 58 to the SuDS pond would remove this aspect of the objec­tion. e) Areas of exist­ing hab­it­at should be mon­itored to ensure there is no sig­ni­fic­ant loss of import­ant hab­it­at. f) There is con­cern the applic­a­tion form con­tained incor­rect inform­a­tion regard­ing the own­er­ship of the site. g) An Envir­on­ment­al State­ment was sub­mit­ted dur­ing the ori­gin­al applic­a­tion and as this state­ment is now 7 years old the inform­a­tion should be reviewed. h) Slope sta­bil­ity of the bank to the rear of plots 43 to 53 should be fully invest­ig­ated to ensure there is no risk of slip­page. i) The pro­posed house design should take into account loc­al ver­nacu­lar, and include lower roof heights, par­tic­u­larly on plots 43 to 53.

APPRAIS­AL

Prin­ciple

1. Policy 1: New Hous­ing Devel­op­ment of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sup­ports new hous­ing that is loc­ated on an identified

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

alloc­ated site or with­in iden­ti­fied set­tle­ment bound­ary. The site lies with­in the bound­ary of the alloc­ated site, H1 as iden­ti­fied in the adop­ted loc­al plan.

1. Policy 16: Qual­ity Homes of NPF4 sup­ports the deliv­ery of high qual­ity, sus­tain­able homes that meet the needs of people through­out their lives.

2. The applic­a­tion is for the increase from 10 units to 19 units along the top (west and north) of the site.

3. The ori­gin­al pro­pos­al was for 10 detached, lar­ger units across the same part of the site. The pro­pos­al seeks to vary this from detached to a vari­ety of semi- detached and detached houses, 3 bed­rooms or under. The foot­print of these new units will be the same as pre­vi­ously con­sen­ted with the excep­tion of the 8 units where plots 7 – 10 were pro­posed which will now take the form of a cul-de-sac rather than a line of houses.

4. The prin­ciple of the pro­posed res­id­en­tial devel­op­ment is con­sidered to be accept­able sub­ject to com­pli­ance with oth­er rel­ev­ant Loc­al Devel­op­ment Plan and NPF4 policies.

Afford­able Housing

1. Policy 1.4 Design­ing for Afford­ab­il­ity and 1.5 Afford­able Hous­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to ensure devel­op­ments have an emphas­is on smal­ler units rather than lar­ger units and provide 25% afford­able hous­ing provision.

2. The pro­posed devel­op­ment has a strong focus on smal­ler units that are more likely to be afford­able on the open mar­ket to people liv­ing and work­ing in the area than the ori­gin­ally con­ceived lar­ger plots of the site. The pro­vi­sion of afford­able hous­ing units has been catered for across the wider site through the hous­ing that has already been approved and com­pleted, with 13 units by High­land Hous­ing Alli­ance mak­ing the 25% con­tri­bu­tion required by plan­ning policy. How­ever, the wider site has already made aa more effect­ive con­tri­bu­tion to loc­al hous­ing need than many devel­op­ments do with an ini­tial 10 afford­able units hav­ing been approved in a first phase of devel­op­ment and the developer hav­ing opted to build smal­ler units using the government’s former ​“Help to Buy” scheme for first time buy­ers in anoth­er phase of devel­op­ment. The pro­posed devel­op­ment on mainly smal­ler units, broadly tar­geted at loc­al hous­ing demand, is con­sidered to com­ply with policies 1.4 and 1.5 of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

Lay­out, Amen­ity, and Design

1. Policy 14: Design, Qual­ity and Place of NPF4 sup­ports devel­op­ment that is con­sist­ent with the six qual­it­ies of suc­cess­ful places, includ­ing health and well­being, and safe and pleas­ant places for people to meet. Policy 1: New Hous­ing Devel­op­ment and Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seek to rein­force and enhance the char­ac­ter of the exist­ing set­tle­ment and encour­ages new devel­op­ment to be sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the area whilst encour­aging innov­at­ive design and finishes.

2. The prop­er­ties are designed to be sim­il­ar in terms of design and extern­al fin­ishes to the exist­ing units on the site with white render and tim­ber clad­ding, whilst incor­por­at­ing design meas­ures to avoid lin­ear fea­tures along the sky­line of the prom­in­ent west side of the site. The pro­posed units fit into the devel­op­ment and link to the roads, paths and open spaces that already make it an attract­ive part of Grant­own-on Spey. The pro­pos­als are con­sidered to com­ply with Policy 14 of NPF4 and Policies 1 and 3 Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

3. In terms of res­id­en­tial amen­ity, Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to ensure that new devel­op­ment pro­tects the amen­ity cur­rently enjoyed by neigh­bours and affords suf­fi­cient private amen­ity ground and off-street park­ing. Each prop­erty will be set with­in reas­on­ably sized plots with its own private garden and car park­ing and has suf­fi­cient dis­tance between new and exist­ing prop­er­ties to ensure there will be no issues of over­look­ing or loss of pri­vacy and an adequate level of amen­ity will be afforded to future occu­pants. The pro­pos­al there­fore com­plies with Policy 3 in this respect.

4. A Con­struc­tion Traffic Man­age­ment Plan will ensure con­struc­tion traffic, through the exist­ing res­id­en­tial areas is under­taken safely and avoids lar­ger vehicles being on the roads dur­ing poten­tially busy peri­ods of the day. This will min­im­ise dis­turb­ance to nearby res­id­ents dur­ing construction.

Envir­on­ment­al Issues

1. Policy 1: Tack­ling the cli­mate and nature crisis and Policy 3: Biod­iversity of NPF4 plays a crit­ic­al role in ensur­ing that devel­op­ment will secure pos­it­ive effects for biod­iversity and require that sig­ni­fic­ant weight is giv­en to the glob­al cli­mate and nature crisis. Policy 4: Nat­ur­al Places of NPF4 is inten­ded to pro­tect, restore and enhance nat­ur­al assets includ­ing pro­tec­ted areas. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Devel­op­ment Plan 2021 seeks to restrict devel­op­ment that would have an adverse impact

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

on pro­tec­ted spe­cies and where this can­not be avoided that appro­pri­ate mit­ig­a­tion meas­ures are provided.

1. The Hab­it­ats Reg­u­la­tions Apprais­al for the devel­op­ment con­cludes that as long as best prac­tice meas­ures, includ­ing no con­struc­tion with­in 10m of the water courses, are incor­por­ated as part of the man­age­ment of con­struc­tion, there will be no effect on the site integ­rity of the River Spey SAC. This can be secured through an appro­pri­ate condition.

2. Since devel­op­ment of the site com­menced in 2017, a num­ber of tem­por­ary exposed sandy banks have been cre­ated that have been used for nest­ing by sand mar­tins. Breed­ing birds are pro­tec­ted from dis­turb­ance and a con­di­tion will be imposed to ensure no breed­ing birds are disturbed.

3. The devel­op­ment fits with­in an exist­ing land­scape design approved for the wider site but includes new areas of change where appro­pri­ate seed­ing can cre­ate diverse grass­land hab­it­ats and allow exist­ing aspen on the bound­ary of the site to suck­er. The addi­tion of bird and bat boxes to the new prop­er­ties will also provide poten­tial breed­ing hab­it­at for spe­cies that would not oth­er­wise have bred on the site.

4. Sub­ject to the inclu­sion of appro­pri­ate con­di­tions, the pro­posed devel­op­ment will com­ply with Policies 1, 3 and 4 of NPF4 and Policy 4 of the Cairngorms Loc­al Devel­op­ment Plan 2021.

Land­scape Issues

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. This is rein­forced by Policy 3: Design and Place­mak­ing 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 pro­posed devel­op­ment con­nects into a wider approved land­scape design but includes new ele­ments where more detail is required to provide cer­tainty over the man­age­ment of sur­round­ing areas inside the devel­op­ment site and on nearby ground con­trolled by the applic­ant. In par­tic­u­lar: the area to the north-west of the site, where there is an area of aspen, requires to be fenced off to allow suck­er­ing of the aspen and pro­tec­tion from graz­ing; areas where sur­plus top­soil is to be spread read require con­tour plans and details of seed mix for seed­ing acid grass­land and; the seed­ing of the SUDs basing with appro­pri­ate spe­cies are all required and can be secured through condition.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

1. Sub­ject to suit­ably worded con­di­tions to ensure the prop­er estab­lish­ment of an appro­pri­ate land­scape scheme the devel­op­ment is con­sidered to com­ply with Policy 3: Design and Place­mak­ing and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment 2021.

Flood­ing and Sur­face Water Drainage

1. Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion of NPF4 requires that devel­op­ment min­im­ises emis­sions and adapts to cur­rent and future impacts of cli­mate change. Policy 22: Flood Risk and Water Man­age­ment of NPF4 ensures that future flood risk is not exacer­bated by devel­op­ment and facil­it­ates the deliv­ery of sus­tain­able flood risk man­age­ment solutions.

2. Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 requires that all devel­op­ment should be free from medi­um to high- risk 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. Devel­op­ments should incor­por­ate SUDs as pro­por­tion­ate to the scale and nature of the devel­op­ment. The policy also requires that all devel­op­ment should avoid unac­cept­able det­ri­ment­al impacts on the water environment.

3. The devel­op­ment itself is bey­ond any areas at risk of flood­ing and incor­por­ates an appro­pri­ate a sur­face water drain­age scheme that is accept­able in prin­ciple. How­ever, fur­ther tech­nic­al details would require to be approved before devel­op­ment could be allowed to com­mence and an appro­pri­ate con­di­tion is pro­posed to secure those details.

4. Sub­ject to this con­di­tion the pro­posed devel­op­ment is con­sidered to com­ply with Policies 2 and 22 of NPF4 and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Access and Servicing

1. Policy 15: Loc­al Liv­ing and 20 Minute Neigh­bour­hoods of NPF4 sup­ports devel­op­ment that is con­sist­ent with the prin­ciples of loc­al liv­ing and 20 minute neigh­bour­hoods, help­ing to ensure our homes and wider neigh­bour­hoods meet all of our needs. As part of this, it recog­nises that afford­able hous­ing options, abil­ity to age in place and hous­ing diversity are an integ­ral part of more live­able places. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to pro­mote sus­tain­able trans­port meth­ods and act­ive travel and max­im­ise oppor­tun­it­ies for respons­ible out­door access. Policy 11: Developer Oblig­a­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 states that where devel­op­ment cre­ates a need to increase or improve pub­lic ser­vices, facil­it­ies or infra­struc­ture, or mit­ig­ate adverse effects, the developer will be required to

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

make a fair and reas­on­able con­tri­bu­tion in cash or in kind towards addi­tion­al costs or requirements.

1. The pro­posed devel­op­ment fits with­in an exist­ing a road lay­out with exten­ded foot­ways and is with­in accept­able walk­ing and cyc­ling dis­tance from loc­al amen­it­ies and pub­lic trans­port links. Pro­posed park­ing pro­vi­sion for each plot is con­sidered suf­fi­cient and accords with High­land Council’s guidelines. The Trans­port Plan­ning Team seek a con­tri­bu­tion of £5000 towards act­ive travel pro­jects with­in Grantown.

2. Sub­ject to the recom­men­ded con­di­tions and fin­an­cial con­tri­bu­tion to sup­port act­ive travel improve­ments in Grant­own-on-Spey, it is con­sidered that the pro­pos­als com­ply with Policy 15 of NPF4 and Policies 3 and 11 of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Oth­er Issues Raised in Con­sulta­tions and Representations

1. The area to the rear of plots 43 to 53 is cur­rently a bare sandy bank and will be repro­filed and planted as part of the land­scap­ing of the site and pro­gres­sion of the devel­op­ment. All oth­er rel­ev­ant issues raised by con­sul­tees and third parties have been addressed. Any oth­er mat­ters raised are not mater­i­al in the determ­in­a­tion of this application.

CON­CLU­SION

1. The pro­posed devel­op­ment is for hous­ing on an alloc­ated site with­in the devel­op­ment plan with an exist­ing con­sent for few­er but lar­ger house plots. The pro­posed devel­op­ment will deliv­er a great­er num­ber of more with­in a size range that is bet­ter suited to the loc­al demand. It fits into an already suc­cess­ful devel­op­ment and sub­ject to appro­pri­ate con­di­tions, will com­plete the hous­ing alloc­a­tion in a way that cre­ates an attract­ive part of Grant­own- on-Spey and con­nects to exist­ing ser­vices and infra­struc­ture as well as integ­rat­ing nature and land­scape fea­tures with­in the devel­op­ment. Sub­ject to these recom­men­ded con­di­tions the pro­posed devel­op­ment is con­sidered to com­ply with the policies con­tained with­in Nation­al Plan­ning Frame­work 4 and the adop­ted Loc­al Devel­op­ment Plan and approv­al is there­fore recommended.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Erec­tion of 19 houses at 29 Dulicht, Court Grant­own on Spey sub­ject: a) An appro­pri­ate con­tri­bu­tion towards Act­ive Travel improve­ments with­in Grant­own on Spey and; b) The fol­low­ing conditions:

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

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 a Con­struc­tion Envir­on­ment Man­age­ment Plan (CEMP) has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The CEMP shall include: a) The iden­ti­fic­a­tion of a 10m buf­fer from water­courses with­in which no con­struc­tion apart from an out­fall from an approved SUDS scheme with­in the Sur­face Water Man­age­ment Plan shall be under­taken; b) A pol­lu­tion pre­ven­tion plan demon­strat­ing that there will be no pol­lu­tion or sed­i­ment­a­tion of water courses dur­ing con­struc­tion; c) Details of pre-con­struc­tion sur­veys for Otter and Spe­cies Pro­tec­tion Plan with stand­ard mit­ig­a­tion meas­ures to pre­vent harm to otters that might enter the site dur­ing con­struc­tion. d) Bird pro­tec­tion plan to ensure to dis­turb­ance of birds dur­ing the bird breed­ing sea­son, includ­ing mit­ig­a­tion meas­ures to pro­tect known colony of nest­ing sand mar­tins. e) Details of an appro­pri­ate inspec­tion and report­ing régime to the Cairngorms Nation­al Park Author­ity by an appro­pri­ately qual­i­fied Eco­lo­gic­al Clerk of Works to super­vise works and ensure com­pli­ance with the meas­ures of the approved CEMP.

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

Reas­on: To ensure that there is no effect on integ­rity of the River Spey SAC, or to pro­tec­ted spe­cies and breed­ing birds using the Policies 1: Tack­ling the cli­mate and nature crisis, 3: Biod­iversity and 4: Nat­ur­al Places of NPF4 and with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

2 No devel­op­ment shall com­mence on site until a revised Sur­face Water Man­age­ment Plan and Drain­age Lay­out have been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with the High­land Coun­cil Flood Risk Man­age­ment Team. This must incor­por­ate but not be lim­ited to the following:

a) Cross sec­tions show­ing sim­u­la­tions for 2 year (or Qbar level), 30 year and 200 year plus cli­mate change level/​freeboard and sur­round­ing fin­ished ground levels to demon­strate that the SuDS basin can accom­mod­ate pre­dicted storm events;

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

b) Spill point and hydro­brake details; c) Cla­ri­fic­a­tion of the details of the dis­charge loc­a­tion con­firm­ing wheth­er this is to be dir­ect to a water­course; d) Details of any new or rerouted water­courses; e) Plans of the receiv­ing water­course show­ing cul­vert size and num­ber of inlets, togeth­er with pho­to­graphs – it must be demon­strated that the new dis­charge loc­a­tion will not increase the flood risk in the dis­charge area; f) Details of land drain­age or jus­ti­fic­a­tion if no land drain­age is necessary.

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

Reas­on: To ensure that sat­is­fact­ory arrange­ments for the dis­pos­al of sur­face water are provided in accord­ance with Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and Policy 22 of NPF4.

3 No devel­op­ment shall com­mence on site until a Con­struc­tion Traffic Man­age­ment Scheme has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity, in con­sulta­tion with the High­land Coun­cil Trans­port Plan­ning Team. The scheme shall include but is not lim­ited details of tim­ings to reflect the need to min­im­ise res­id­en­tial dis­turb­ance dur­ing con­struc­tion. There­after the devel­op­ment shall be imple­men­ted in accord­ance with those approved details.

Reas­on: To ensure there are no adverse impacts on the road net­work in rela­tion to road safety and that con­struc­tion traffic asso­ci­ated with the devel­op­ment causes min­im­um dis­rup­tion to res­id­ents in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and Policy 23: Health and Safety of NPF4.

4 No devel­op­ment shall com­mence on site until a fully detailed Land­scap­ing Scheme and a Land­scape Main­ten­ance Pro­gramme for both hard and soft land­scap­ing meas­ures asso­ci­ated with the devel­op­ment of 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 details and any bound­ary fen­cing; b) soft land­scap­ing plant and tree spe­cies and plant­ing spe­cific­a­tions c) details of foot­ways and of path con­nec­tion to neigh­bour­ing woods. d) the loc­a­tion and spe­cific­a­tion of the SUDS pond main­ten­ance path and details of seed mixes for the SUDS area. e) Con­tour plan for the spread­ing of excess top­soil and appro­pri­ate acid grass­land mead­ow seed mix;

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

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 Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Authority.

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

5 No devel­op­ment shall com­mence on site until a revised Tree Pro­tec­tion Plan (to meet BS5837) has been sub­mit­ted to and approved in writ­ing by Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The tree pro­tec­tion plan should include pro­tec­tion of exist­ing trees on site as well as pro­tec­tion of the Aspen suck­er­ing area. No devel­op­ment shall com­mence on site until the tree pro­tec­tion meas­ures have been imple­men­ted on site in accord­ance with the approved plan. There­after all trees shall be retained and main­tained in accord­ance with the approved Tree Pro­tec­tion Plan and Land­scape Main­ten­ance Pro­gramme through­out the life­time of the devel­op­ment hereby approved unless oth­er­wise agreed in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Authority.

Reas­on: To ensure a prop­er assess­ment of the poten­tial tree loss and to pro­tect those trees which con­trib­ute to the land­scape char­ac­ter and biod­iversity of the area dur­ing and after con­struc­tion works in accord­ance with Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 as well as Policies 3: Biod­iversity and 4 Nat­ur­al Places of NPF4.

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

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 and bird roost­ing in accord­ance with Policy 4: Nat­ur­al Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and Policies 3, 4 and 9 of NPF4.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 09/06/2023

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.

4 Con­struc­tion work (includ­ing the loading/​unloading of deliv­ery vehicles, plant or oth­er machinery) should not take place out­with the hours of 0800 hours to 1900 hours Mondays to Fri­days, 0800 hours to 1300 hours on Sat­urdays or at any time or Bank Hol­i­days to min­im­ise dis­turb­ance to