Item6AAHouseOfBruar20200012DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PRO­POSED: Erec­tion of art gal­lery build­ing, recon­fig­ure car park, install­a­tion of 4 air source heat pumps, land­scap­ing and asso­ci­ated works at House Of Bru­ar, Pit­agow­an, Blair Atholl, Perth And Kinross, PH18 5TW

REF­ER­ENCE: 2020/0012/DET

APPLIC­ANT: The House Of Bru­ar Ltd

DATE CALLED-IN: 20 Janu­ary 2020

RECOM­MEND­A­TION: Approve sub­ject to conditions

CASE OFFICER: Stephanie Wade, Plan­ning Officer

CNPA Plan­ning Com­mit­tee Applic­a­tion Site 0 20 40 Meters Water­falls 250 Boar agowar ver M N 80 Bal­nac­roft P 1 Bru­ar Stand­ing Stone Garry Sunnybrae Lay-by 09 van Row­an Cot­tage Shel­ter The old Read­ing Room Wade’s Mil­it­ary Road B847 ↓ Issues ↑ Bru­ar Lodge The House of Bru­ar এর ​‘Drain A B847 A A9 LB 0.3m. Crown copy­right and data­base rights 2020. Ord­nance Sur­vey Licence num­ber 100040965 A9 CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020 Bru­ar Water FS B847 Clach na h‑Jobairt Clan Don­na­chaidh Museum B8079 0 B8079 GP B8079 El Sub Sta A9 2 159.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

SITE DESCRIP­TION, PRO­POS­AL AND HIS­TORY Site Description

1. The applic­a­tion site is loc­ated to the north of, and adja­cent to the Pit­agow­an A9/B8079 road junc­tion with the B847 run­ning along the south­ern site bound­ary and the rail­way line bound­ing the site to the north with mature wood­land bey­ond. Bru­ar Water runs along the north-east­ern site bound­ary. The applic­a­tion relates to the well-known House of Bru­ar retail com­plex, which is situ­ated in a prom­in­ent pos­i­tion and cov­ers an II acre site. The site at present com­prises a group of build­ings, with a cent­ral court­yard, which are used for retail pur­poses, a food­hall and a café / res­taur­ant. Build­ings to the north­ern area of the site include offi­cing and ware­hous­ing with vis­it­or car park­ing loc­ated pre­dom­in­antly to the west of the build­ings and to the south-east, on the oth­er side of the B8079. The ham­let of res­id­en­tial dwell­ings at Pit­agow­an is loc­ated to the west of the Bru­ar site com­plex and is sep­ar­ated from the site by woodland.

2. Regard­ing site des­ig­na­tions, part of the build­ing com­plex, on the on the east and north side of the wider site, are included with­in the Falls of Bru­ar (ref: GDL00177), which is des­ig­nated as a Garden and Designed Land­scape. Bru­ar Lodge, loc­ated with­in grounds, is des­ig­nated as a Cat­egory C lis­ted build­ing and the sched­uled monu­ment of Clach na h’lobairt, stand­ing stone, is loc­ated to the south of the applic­a­tion side, on the south­ern side of the B847. Bru­ar Water also forms part of the River Tay Spe­cial Area of Conservation.

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=Q43NCPSI0CH00

Title	Draw­ing Num­ber	Date on Plan*	Date Received
Plan
Loc­a­tion Plan at 1:10,000	1915.1.01	25 Octo­ber 2019	20 Janu­ary 2020
Loc­a­tion Plan at 1:2500	1915.2.02b	25 Octo­ber 2019	20 Janu­ary 2020
Site Plans	1.03b	25 Octo­ber 2019	20 Janu­ary 2020
Gal­lery Drawings-4a	P04a	25 Octo­ber 2019	20 Janu­ary 2020
Gal­lery Draw­ings- 4b	P04b	25 Octo­ber 2019	20 Janu­ary 2020

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

Gal­lery Draw­ings- 5|P05|25 Octo­ber 2019|20 Janu­ary 2020 Sup­port­ing Doc­u­ment­a­tion||| Sup­port­ing Statement|19/240|07 Janu­ary 2020|20 Janu­ary 2020 Retail Statement|-|01 Decem­ber 2019|20 Janu­ary 2020 Plan­ning Statement|-|01 Decem­ber 2019|20 Janu­ary 2020 Con­struc­tion Meth­od Statement|19/240|01 Decem­ber 2019|20 Janu­ary 2020 Air Source Heat Pump Brochure|PUHZ-W-VAA|-|20 Janu­ary 2020

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

1. The applic­a­tion seeks plan­ning per­mis­sion for the erec­tion of a detached build­ing to the west of and in par­al­lel with the main build­ing com­plex, with­in part of the exist­ing land­scaped car park­ing area. The build­ing is pro­posed to be used for retail space as an art gal­lery and cov­ers a total gross floor area of 720 square metres with the retail area cov­er­ing 680 square metres of this and staff facil­it­ies and retail stor­age cov­er­ing the remain­ing 30 square metres.

2. The build­ing has a long, rect­an­gu­lar form, meas­ur­ing 72 metres in length and 10 metres in width. The build­ing is pro­posed with a max­im­um ridge height of 5.5 metres. Four air source heat pumps are pro­posed to be installed adja­cent to the north-west­ern elev­a­tion of the build­ing. The walls of the build­ing are pro­posed to be a mix of off- white render and glazed units under a dark grey, pro­filed sheet­ing, pitched roof.

3. The land­scaped car park­ing areas are pro­posed to be recon­figured to accom­mod­ate the build­ing and the fol­low­ing amend­ments would be made to the park­ing spaces:

Car Park Loc­a­tion (as illus­trated on the Site Plans)|Existing num­ber of park­ing spaces|Proposed num­ber of park­ing spaces fol­low­ing realign­ment of park­ing area —-| — -| — - Park­ing on north|10|10 Park­ing on north-east|23|26 Park­ing on south|18|15 TOTAL:|51|51

1. The recon­figured car park­ing areas would have a gravel fin­ish to match the exist­ing car park­ing areas with­in the site and the exist­ing foot­path from the west car parks lead­ing to the main build­ing com­plex is pro­posed to be realigned to serve an entrance on the west­ern elev­a­tion of the pro­posed art gal­lery. A low wall is pro­posed to be erec­ted along the north-east­ern elev­a­tion sep­ar­at­ing this from the car park­ing spaces, which abut this elev­a­tion. The wall is pro­posed to be fin­ished in off white harling. The hard and soft land­scap­ing will match the exist­ing land­scap­ing scheme on site with the trees cur­rently loc­ated in the pro­posed loc­a­tion of the build­ing, being relo­cated with­in the site.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

1. The pro­posed open­ing hours of the art gal­lery for the pub­lic are 1000hrs to 1700hrs, sev­en days a week, exclud­ing Christ­mas Day and New Year’s Day.

2. Plans of the pro­pos­al are included with­in Appendix 1.

His­tory

1. The site bene­fits from a num­ber of recent plan­ning applic­a­tions, which are out­lined below and were all determ­ined by the Loc­al Author­ity, Perth and Kinross Coun­cil: a. Plan­ning applic­a­tion ref: 17/00362/FLL, for the ​‘Change of use from museum (class 10) to form staff accom­mod­a­tion, change of use of shop (class 1) to restaurant/​café (class 3) and erec­tion of exten­sion to form store’ was gran­ted con­di­tion­al con­sent on 16 May 2017. b. Plan­ning applic­a­tion ref: 17/01858/FLL, for the ​‘Change of use from res­taur­ant (Class 3) to hot food takeaway (in ret­ro­spect), was gran­ted con­di­tion­al con­sent on 18 Decem­ber 2017. C. Plan­ning applic­a­tion ref: 17/01070/FLL, for the ​‘form­a­tion of a pitched roof was gran­ted con­di­tion­al con­sent on 25 August 2017. d. Plan­ning applic­a­tion ref: 13/01885/FLL, for the ​‘Erec­tion of a glass house enclos­ing part of the exist­ing court­yard and exist­ing can­opy struc­ture’ was gran­ted con­di­tion­al con­sent on 11 Novem­ber 2013.

DEVEL­OP­MENT PLAN CON­TEXT Policies

Nation­al Policy	Scot­tish Plan­ning Policy 2014
Stra­tegic Policy	Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022
Loc­al Plan Policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015)
Those policies rel­ev­ant to the assess­ment of this applic­a­tion are
marked with a cross
POLICY I	NEW HOUS­ING DEVELOPMENT
POLICY 2	SUP­PORT­ING ECO­NOM­IC GROWTH	X
POLICY 3	SUS­TAIN­ABLE DESIGN	X
POLICY 4	NAT­UR­AL HERITAGE	X
POLICY 5	LAND­SCAPE	X
POLICY 6	THE SIT­ING AND DESIGN OF DIGITAL
COM­MU­NIC­A­TIONS EQUIPMENT
POLICY 7	RENEW­ABLE ENERGY
POLICY 8	SPORT AND RECREATION
POLICY 9	CUL­TUR­AL HERITAGE	X
POLICY 10	RESOURCES	X
POLICY 11	DEVELOPER CON­TRI­BU­TIONS	X

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

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	New Hous­ing Devel­op­ment Non-Stat­utory Guidance
Policy 2	Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance	X
Policy 3	Sus­tain­able Design Non-Stat­utory Guidance	X
Policy 4	Nat­ur­al Her­it­age Sup­ple­ment­ary Guidance	X
Policy 5	Land­scape Non-Stat­utory Guidance
Policy 7	Renew­able Energy Sup­ple­ment­ary Guidance
Policy 8	Sport and Recre­ation Non-Stat­utory Guidance
Policy 9	Cul­tur­al Her­it­age Non-Stat­utory Guidance	X
Policy 10	Resources Non-Stat­utory Guidance	X
Policy 11	Developer Con­tri­bu­tions Sup­ple­ment­ary Guidance	X

Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2020

1. The emer­ging Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (“Pro­posed Plan”), which will cov­er the peri­od of 2020 – 2025, is cur­rently being pro­gressed. The pro­posed plan has been through a pub­lic con­sulta­tion pro­cess and the form­al response have been assessed and sub­mit­ted along with all oth­er rel­ev­ant mater­i­als to Scot­tish Min­is­ters for exam­in­a­tion. As the exam­in­a­tion of the Pro­posed Plan is cur­rently under­way, the Pro­posed Plan and its con­tents cur­rently carry lim­ited weight.

CON­SULTA­TIONS A sum­mary of the main issues raised by consultees:

1. Trans­port Scot­land raises no objec­tion to the proposal.

2. His­tor­ic Envir­on­ment Scot­land (HES) has assessed the devel­op­ment for its poten­tial effect on the Falls of Bru­ar des­ig­nated Garden and Designed Land­scape and con­firm that they have no com­ments to make on the proposals.

3. Perth and Kinross Coun­cil Trans­port Plan­ning Team has no objec­tions to the pro­posed scheme, although notes that the Perth and Kinross Coun­cil Pub­lic Trans­port Unit should be con­sul­ted regard­ing the pro­posed impact the pro­pos­al may have on the bus stop/​shelter with­in the site.

4. Perth and Kinross Coun­cil Pub­lic Trans­port Unit were con­sul­ted but provided no form­al comments.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

1. Perth and Kinross Coun­cil Archae­ology con­firms that the pro­posed devel­op­ment does not raise any sig­ni­fic­ant issues, not­ing that the site has already been developed and land­scaped as part of the car park­ing of House of Bru­ar and there­fore the like­li­hood of any archae­olo­gic­al pre­ser­va­tion with­in this area is low. No fur­ther archae­olo­gic­al mit­ig­a­tion is recom­men­ded in this instance.

2. Perth and Kinross Coun­cil Devel­op­ment Nego­ti­ations Officer has no spe­cif­ic com­ments to make on this pro­pos­al in terms of the developer contributions.

3. Perth and Kinross Coun­cil Envir­on­ment­al Health Officer has no objec­tion in prin­ciple to the pro­pos­al but recom­mends the inclu­sion of a post determ­in­a­tion con­di­tion to ensure that the noise level emit­ted from the pro­posed air source heat pumps does not adversely impact on the res­id­en­tial amen­ity of neigh­bour­ing properties.

4. Perth and Kinross Coun­cil Plan­ning Officer has provided an over­view of the policy com­pli­ancy of the pro­pos­al with regards to the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

5. Perth and Kinross Coun­cil Flood Risk Man­age­ment Officer has reviewed the applic­a­tion details and con­firms that the pro­posed devel­op­ment is out­with the func­tion­al flood­plain as shown by the SEPA Flood Maps. The Team there­fore have no objec­tion to the pro­posed devel­op­ment on flood risk grounds.

6. Blair Atholl & Stru­an Com­munity Coun­cil sup­ports the pro­pos­al not­ing that it should sup­port eco­nom­ic devel­op­ment with­in the area, help to sup­port tour­ist trade and will have a min­im­al adverse impact on the sur­round­ing area. The Com­munity raises a point of con­cern regard­ing the impact of the pro­pos­al on the con­flict arising between vehicles trav­el­ling on the B8079 and ped­es­tri­an traffic cross­ing the road to/​from the south east car park and request that this is reviewed for the safety of ped­es­tri­ans. A copy of their com­ments is attached at Appendix 2.

REP­RES­ENT­A­TIONS

1. The applic­a­tion has been advert­ised and no let­ters of pub­lic rep­res­ent­a­tion have been received in respect of the application.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

APPRAIS­AL

1. The main plan­ning con­sid­er­a­tions are con­sidered to be: the prin­ciple of devel­op­ment; design, scale and mater­i­als; the impact on the nat­ur­al and his­tor­ic envir­on­ment; access and ser­vi­cing; and the impact on amenity.

Prin­ciple of Development

1. Policy 2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 sup­ports new retail devel­op­ment where it is loc­ated in a way which uses a sequen­tial approach to site selec­tion out of set­tle­ments where the devel­op­ment sup­ports eco­nom­ic vital­ity and viab­il­ity of the com­munity. The policy also stip­u­lates that devel­op­ment pro­pos­als should have no adverse impact on neigh­bour­ing prop­er­ties and should have no det­ri­ment­al impact on the vital­ity and viab­il­ity of that settlement/​centre.

2. The applic­a­tion pro­poses the erec­tion of a new build­ing with­in the House of Bru­ar retail com­plex to be used as an art gal­lery. A Retail State­ment has been provided in sup­port of the applic­a­tion, which demon­strates the use sequen­tial approach to the devel­op­ment sub­mit­ted. The doc­u­ment describes The House of Bru­ar as a ​‘a high qual­ity stand-alone spe­cial­ist retail des­tin­a­tion in High­land Perth­shire selling cloth­ing, coun­try liv­ing (home and garden), oth­er mer­chand­ise as well as a food hall, del­icatessen and a small art gal­lery, includ­ing goods par­tic­u­larly asso­ci­ated with the tour­ism industry’. The plan­ning his­tory over the last 15 year peri­od includes sig­ni­fic­ant expan­sion of the busi­ness at the site and the site is described as not offer­ing a main shop­ping func­tion typ­ic­ally asso­ci­ated with a town centre.

3. The Retail State­ment indic­ated that the inten­tion is to provide 680sqm of sales/​gallery area with the remain­ing area pro­posed for stor­age. The exist­ing space with­in the cur­rent build­ings, which is cur­rently used as the gal­lery will be util­ised for fur­ther retail space of oth­er products. The assess­ment states regard­ing shop­ping pat­terns, that cus­tom­ers are typ­ic­ally those mak­ing a ​‘day trip’ to vis­it House of Bru­ar, and those already on the traffic net­work. Giv­en the unique nature of House of Bru­ar and the type of product it cur­rently sells, it is not con­sidered likely that an exten­sion to increase the art gal­lery sales space, will impact sig­ni­fic­antly on exist­ing retail use of nearby towns. The pro­pos­al provides improve­ments to the exist­ing shop­ping facil­it­ies on site, and there is scope with­in the site to accom­mod­ate the required floor­space. The Retail Assess­ment demon­strates that the pro­pos­al would not res­ult in an adverse impact on the vital­ity and viab­il­ity of nearby centres or set­tle­ments; and it broadens the offer­ing and exper­i­ence at the House of Bru­ar. The Assess­ment also con­firms that there are no altern­at­ive, suit­able sites avail­able with­in either nearby set­tle­ments or centres and the prin­ciple of devel­op­ment, is there­fore con­sidered to be accept­able in accord­ance with Policy 2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

Land­scape Impacts, design, scale and materials

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: New Devel­op­ment, 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. It is there­fore clear that policy requires all new devel­op­ment to enhance and com­ple­ment both the Nation­al Park and the char­ac­ter of the set­tle­ment itself, using land­scape to com­ple­ment the setting.

2. The House of Bru­ar has an estab­lished, prom­in­ent pos­i­tion, adja­cent to the loc­al road net­work which adjoins the A9 at Pit­agow­an. The pro­pos­al is to extend the built form west­wards into the car park, tak­ing form of a nar­row build­ing run­ning in a north-south dir­ec­tion, in par­al­lel to the exist­ing build­ings and incor­por­at­ing the same design fea­tures and palette of extern­al mater­i­al as the exist­ing built form. The scale, design and mass­ing of the build­ing are con­sidered to be accept­able and sub­ser­vi­ent to the exist­ing built form, whilst main­tain­ing and rein­for­cing the estab­lished char­ac­ter and appear­ance of the area. Views into the site will see the pro­posed build­ing in con­text with the exist­ing struc­tures of House of Bruar.

3. Regard­ing hard and soft land­scap­ing, the pro­pos­al looks to main­tain the estab­lished land­scap­ing char­ac­ter on site by using match­ing hard land­scap­ing mater­i­als for the pro­pos­al and by mov­ing the exist­ing trees on site, which are cur­rently sited in the area of the foot­print of the pro­posed build­ing to an altern­at­ive pos­i­tion adja­cent to the new building.

4. The pro­pos­al is there­fore con­sidered to be accept­able and in accord­ance with Policy 3: Sus­tain­able Design and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Access and Servicing

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. In this case, the roof water is pro­posed to be drained into two soakaways, loc­ated to the west of the build­ing. The build­ing includes no pro­vi­sion for foul waste water as these facil­it­ies are catered for with­in the main build­ing com­plex on site. The Perth and Kinross Flood Risk Man­age­ment Officer notes that the devel­op­ment is out­with the func­tion­al flood­plain and has no objec­tion on flood risk grounds. The sur­face water drain­age pro­vi­sion is, there­fore, con­sidered to be acceptable.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

1. Policy 3: Sus­tain­able Design under cri­terion I(d) sup­ports devel­op­ment pro­pos­als, which make sus­tain­able use of resources, includ­ing the min­im­isa­tion of energy. Four air source heat pumps are pro­posed to be installed adja­cent to the north­ern elev­a­tion of the build­ing to provide the heat­ing sys­tem for the gal­lery. The Perth and Kinross Envir­on­ment­al Health Officer has no objec­tion in prin­ciple to the pro­pos­al but reques­ted the inclu­sion of a post determ­in­a­tion con­di­tion to ensure that the noise level emit­ted from the pro­posed air source heat pumps does not adversely impact on the res­id­en­tial amen­ity of neigh­bour­ing prop­er­ties. The agent has sub­sequently con­firmed that the heat pumps meet the noise require­ments set out by the Envir­on­ment­al Health Officer. The pos­i­tion­ing of the air source heat pumps to the north of the pro­posed build­ing, allows for the adequate screen­ing of the pumps to be afforded by the exist­ing build­ings at House of Bru­ar, redu­cing the visu­al impact of the struc­tures. The install­a­tion of the air source heat pumps are con­sidered to be accept­able in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

2. The pro­pos­al will util­ise the exist­ing waste man­age­ment, stor­age and col­lec­tion facil­it­ies on site for refuse and recycling.

3. Policy 3: Sus­tain­able Design also requires that new devel­op­ment should include an appro­pri­ate means of access, egress and space for off-street park­ing. The pro­pos­al will util­ise the exist­ing access and egress arrange­ments at House of Bru­ar. The pro­pos­al would recon­fig­ure the loc­a­tion of some of the vehicu­lar park­ing spaces with­in the west­ern car park how­ever, the num­ber of park­ing spaces on site would be main­tained to the cur­rent level and the pro­pos­al would not, there­fore, give rise to any loss of park­ing facil­ity serving the site. Trans­port Scot­land raises no objec­tion to the pro­pos­al. Perth and Kinross Coun­cil Trans­port Plan­ning Team also has no objec­tion to the pro­posed scheme and does not raise any require­ment for any addi­tion­al car park­ing to be provided. The Perth and Kinross Coun­cil Pub­lic Trans­port Unit were con­sul­ted regard­ing the poten­tial impact the pro­pos­al may have on the pub­lic bus route/​pick up point with­in the site, how­ever no response has been received to date. Not­with­stand­ing this, the agent has con­firmed that the bus route with­in the site would not be impacted dur­ing the con­struc­tion of the development.

4. The Blair Atholl and Stru­an Com­munity Coun­cil raises con­cern regard­ing the con­flict arising between vehicles trav­el­ling on the B8079 and ped­es­tri­an traffic cross­ing the road to/​from the south east car park and request that this is reviewed for the safety of ped­es­tri­ans. As this is an estab­lished, exist­ing park­ing area and ped­es­tri­an cross­ing, it is con­sidered that the pro­pos­al would not adversely affect this exist­ing arrange­ment. In addi­tion, the Perth and Kinross Coun­cil Trans­port Plan­ning Team has raised no con­cern regard­ing this mat­ter and the exist­ing arrange­ments are con­sidered to be accept­able in this case.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

Impact on the His­tor­ic Environment

1. Policy 9: Cul­tur­al Her­it­age of the adop­ted Loc­al Plan aims to con­serve and enhance the rich cul­tur­al her­it­age of the Nation­al Park by mak­ing sure that devel­op­ment makes appro­pri­ate con­tri­bu­tions to the his­tor­ic envir­on­ment and its sig­ni­fic­ance. Cri­terion 9.1 requires devel­op­ment affect­ing a sched­uled ancient monu­ment, lis­ted build­ing and invent­ory gar­dens, land­scapes and bat­tle­fields to have no adverse effect on the structure/​designated ele­ment or their setting.

2. With­in the imme­di­ate sur­round­ing area of the applic­a­tion site are: the Falls of Bru­ar Garden and Designed Land­scape; Cat­egory C lis­ted Bru­ar Lodge and Clach na h’lobairt stand­ing stone. His­tor­ic Envir­on­ment Scot­land has no objec­tion to the scheme regard­ing its impact on the adja­cent her­it­age assets. The Perth and Kinross Coun­cil His­tor­ic Envir­on­ment Man­ager has also con­sidered the applic­a­tion details and con­siders that the devel­op­ment does not raise any sig­ni­fic­ant issues. The site has already been developed and land­scaped as part of the car park­ing for House of Bru­ar and there­fore the like­li­hood of any archae­olo­gic­al pre­ser­va­tion with­in the site is low. No fur­ther archae­olo­gic­al mit­ig­a­tion is recom­men­ded in this instance.

3. Tak­ing the above into account, the works are not con­sidered to cause ser­i­ous det­ri­ment to the his­tor­ic envir­on­ment assets and their des­ig­na­tion qual­it­ies and the pro­pos­al is there­fore con­sidered to accord with Policy 9: Cul­tur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Impact on the Nat­ur­al Environment

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 seeks to ensure that there is no adverse impact upon pro­tec­ted spe­cies or biodiversity.

2. The applic­a­tion relates to pre­vi­ously developed land and although it has no spe­cif­ic envir­on­ment­al des­ig­na­tions itself, regard­ing hab­it­ats and spe­cies, it is loc­ated over 100 metres from the water­course Bru­ar Water, which is a trib­u­tary of the River Tay. The River Tay has an envir­on­ment­al des­ig­na­tion as a Spe­cial Area of Con­ser­va­tion with qual­i­fy­ing interests of: river lamprey, brook lamprey, sea lamprey, Atlantic sal­mon and oli­go­troph­ic to meso­troph­ic stand­ing waters with aquat­ic veget­a­tion. Tak­ing into account the dis­tance of the pro­pos­al to the water­course, the topo­graphy of the site and the pro­posed drain­age meas­ures to serve the devel­op­ment, the pro­pos­al is not con­sidered to adversely affect the integ­rity of the des­ig­na­tion. A Con­struc­tion Meth­od State­ment has been sub­mit­ted in sup­port of the applic­a­tion and it is recom­men­ded that a con­di­tion is attached to any sub­sequent decision request­ing the sub­mis­sion of an updated con­struc­tion meth­od state­ment fol­low­ing the appoint­ment of a con­tract­or and to include a pol­lu­tion pre­ven­tion plan due to the pro­pos­als prox­im­ity to Bru­ar Water.

3. In these, over­all cir­cum­stances, and sub­ject to the appro­pri­ate plan­ning con­di­tions, the applic­a­tion is con­sidered to com­ply with Policy 4: Nat­ur­al Her­it­age and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

Impact upon res­id­en­tial amenity

1. Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 seeks to pro­tect the amen­ity enjoyed by neigh­bours. In this regard, it is con­sidered that the devel­op­ment is suf­fi­ciently dis­tant from any oth­er prop­er­ties so as to ensure ready com­pli­ance with the require­ments of Policy 3: Sus­tain­able Design of the adop­ted Loc­al Plan. The inclu­sion of the noise restric­tion plan­ning con­di­tion, as out­lined earli­er in this report, ensures that the exist­ing amen­ity levels cur­rently enjoyed by neigh­bour­ing prop­er­ties will not be adversely impacted.

Developer Con­tri­bu­tions

1. Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 sets 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.

2. The Perth and Kinross Coun­cil Devel­op­ment Nego­ti­ations Officer has no spe­cif­ic com­ments to make on this pro­pos­al in terms of developer con­tri­bu­tions and there are not con­sidered to be any impacts on the pub­lic ser­vices, facil­it­ies or infra­struc­ture which would require a con­tri­bu­tion on this occa­sion. The devel­op­ment is there­fore com­plies with the require­ments of Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Oth­er Issues Raised in Con­sulta­tions and Representations

1. The mat­ters raised by con­sul­tees and con­trib­ut­ors have been addressed through­out this report. The Blair Atholl and Stru­an Com­munity Coun­cil sup­port the pro­pos­al not­ing: its con­tri­bu­tion to the eco­nom­ic devel­op­ment in the area, its help to sup­port the tour­ist trade and its min­im­al impact on the sur­round­ing area.

CON­CLU­SION

1. The pro­posed devel­op­ment involves the erec­tion of an addi­tion­al build­ing at House of Bru­ar to be used as a gallery/​sales area, to expand the busi­ness space on site, in sup­port of the busi­ness growth require­ments. The design, scale and mater­i­als of the build­ing togeth­er with its land­scape and visu­al impact are con­sidered to be accept­able and the pro­pos­al would not give rise to any impacts on the exist­ing road net­work or road safety with­in the area.

2. The impacts on amen­ity are con­sidered to be accept­able sub­ject to the inclu­sion of the noise restric­tion plan­ning con­di­tion and the pro­pos­al does not give rise to any adverse envir­on­ment­al impacts.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

1. In these over­all cir­cum­stances the devel­op­ment is con­sidered to com­ply with all rel­ev­ant policies of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 and the col­lect­ive aims of the Nation­al Park. There are no oth­er mater­i­al con­sid­er­a­tions which would war­rant the refus­al of plan­ning per­mis­sion. Approv­al is there­fore recom­men­ded sub­ject to appro­pri­ate plan­ning conditions.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Erec­tion of art gal­lery build­ing, recon­fig­ure car park, install­a­tion of 4 air source heat pumps, land­scap­ing and asso­ci­ated works at House Of Bru­ar Pit­agow­an Blair Atholl Perth And Kinross PH18 5TW 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 on site, until a revised site spe­cif­ic Con­struc­tion Meth­od State­ment has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. This plan is to include the following: a. Draw­ing- Meth­od State­ment Plan; b. Plant and machinery to be used in the con­struc­tion works; c. Pol­lu­tion pre­ven­tion meas­ures; d. Con­struc­tion pro­gramme, includ­ing tim­ings; e. Con­firm­a­tion of tem­por­ary mam­mal ramps to be installed in all open excavations;

The con­struc­tion of the devel­op­ment shall there­after be imple­men­ted in accord­ance with the approved plan.

Reas­on: The works are to be under­taken in an envir­on­ment­ally sens­it­ive area. It is there­fore neces­sary for a revised con­struc­tion meth­od state­ment to be agreed pri­or to the com­mence­ment of any works to ensure that work on site pro­ceeds without dam­age to the envir­on­ment in accord­ance with Policy 4: Nat­ur­al Her­it­age and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

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1. All plant or equip­ment for the air source heat pumps, of the devel­op­ment hereby per­mit­ted, shall be so enclosed, atten­u­ated and/​or main­tained such that any noise there­from shall not exceed Noise Rat­ing 35 between 0700 and 2300 hours daily, or Noise Rat­ing 20 between 2300 and 0700 hours daily nor any vibra­tion there­from be detect­able, with­in any neigh­bour­ing res­id­en­tial prop­erty, with all win­dows slightly open, when meas­ured and/​or cal­cu­lated and plot­ted on a rat­ing curve chart.

Reas­on: To pro­tect the amen­ity of the occu­pi­ers of neigh­bour­ing prop­er­ties to ensure that the noise emis­sions from the air source heats pumps does not reach such a level that it would cause a nuis­ance. In accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. The land­scap­ing scheme, for the devel­op­ment hereby per­mit­ted, shall be car­ried out in the first plant­ing sea­son unless oth­er agreed in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity and shall be main­tained for a peri­od of 10 years, such main­ten­ance to include the replace­ment of any trees or veget­a­tion that die.

Reas­on: In the interests of amen­ity and 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 of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. There shall be no vehicle deliv­er­ies to the premises, hereby per­mit­ted, out­side the hours of 0700hours and 2200hours. Any deliv­ery out­with this time shall only be car­ried out with pri­or approv­al of the Cairngorms Nation­al Park Author­ity, act­ing Plan­ning Authority.

Reas­on: In the interests of pro­tect­ing the amen­ity of neigh­bour­ing land uses in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. The premises the sub­ject of this per­mis­sion shall not be used oth­er than for the pur­poses fall­ing with­in Class 1: Shops of the Sched­ule to the Town and Coun­try Plan­ning (Use Classes) (Scot­land) Order 1997 (or any pro­vi­sion equi­val­ent to that Class in any stat­utory instru­ment revok­ing and re-enact­ing that Order with or without modi­fic­a­tion, without the pri­or grant of plan­ning per­mis­sion from the Loc­al Plan­ning Authority.

Reas­on: To ensure that the use remains com­pat­ible with sur­round­ing land uses in the area in accord­ance with Policy 2: Sup­port­ing Eco­nom­ic Growth and Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 20/03/2020

Inform­at­ives

1. The devel­op­ment hereby approved, must com­mence with­in three years of the date of this decision notice. If this has not com­menced with­in this peri­od, then this plan­ning per­mis­sion con­sent shall 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 on Sundays or Bank Hol­i­days in order to min­im­ise dis­turb­ance to res­id­ents in the area.

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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