Item7 34FarmRoadAviemoreCommitteeReport 20260018DET
Committee report
Development proposed: Erection of 2no. houses on Plots 58 (58A and B) at 34 Farm Road, Aviemore, PH22 1AP
Reference: 2026/0018/DET Applicant: Davall Developments Date called-in: 19 January 2026 Recommendation: Approve subject to conditions and a legal agreement Case officer: Katie Crerar, Planning Officer
Site Location
(Map of site location at 34 Farm Road, Aviemore, PH22 1AP, showing Dalfaber Industrial Estate, Craiggowrie Pl, Spey Ave, Dalfaber Pk, Callart Rd, Track, Corrour Rd, Farm Rd, and the outline of the proposed development area.)
This map 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.
Site description, proposal and history
Site description
- The proposal site constitutes a development plot on a wider residential development site, originally consisting of 104 dwelling houses, currently under construction. The site is located within the Aviemore settlement boundary, at the northeastern edge of the settlement.
Proposal
- The drawings and documents associated with this application are listed below and are available on the Cairngorms National Park Authority website unless noted otherwise: https://www.eplanningcnpa.co.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=T8V4P7SI0CP00
| Title | Drawing number | Date on plan* | Date received |
|---|---|---|---|
| Plan – Location plan | 2277−90−003 Rev B | 25/02/2025 | 16/01/2026 |
| Plan – Site plan | 2277-PL-911 Rev B | 25/02/2025 | 16/01/2026 |
| Plan – Proposed elevations sheet 1 | AV HT133-DET LH-200-ELE-001 | 25/02/2025 | 16/01/2026 |
| Plan – Proposed floor plans | AV HT133-DET RH-230 – 01-001 | 25/02/2025 | 16/02/2026 |
| Plan — Proposed Elevations: Sheet 1 | AV HT133-DET RH-200-ELE-001 | 25/02/2025 | 16/01/2026 |
| Plan – Proposed floor plans | AV HT133-DET LH-230 – 01-001 | 25/02/2025 | 16/01/2026 |
| Plan – Surface water plot drainage (5 of 5) | 184 Rev G | 21/02/2025 | 16/01/2026 |
| Plan – Private drainage details (1 of 2) | 185 Rev F | 14/07/2023 | 16/01/2026 |
| Plan – Private drainage details 92 of 2) | 186 Rev A | 12/11/2024 | 16/01/2026 |
*Where no specific day of month has been provided on the plan, the system defaults to the first of the month.
The proposed development is for the erection of 2 no. three bedroom dwellinghouses to be located on a housing plot previously consented for the development of a single dwellinghouse (Ref: PPA-270‑2127).
An application for the proposed development was previously considered by the Planning Committee on 28 August 2025 (application reference 2025/0083/DET). The Committee agreed to approve the application subject to the conclusion of a legal agreement or upfront payment to secure a financial contribution of £9,675 towards affordable housing provision. The applicants did not pay this contribution, and the decision notice was not issued. The applicants reconsidered undertaking the development of sub-dividing the plot and decided instead to retain it as a single plot with one dwelling on it as per the original planning permission for the wider development. They subsequently withdrew the application.
The applicants now want to pursue the subdivision of the plot and therefore have resubmitted the application which seeks approval for the same development proposal, in all respects, that was previously considered by the Planning Committee.
History
There has been an extensive history relating to housing development on this site, as follows:
a) 05/101/CP – Development of 101 serviced house plots with associated roads, access points, services and landscaping (outline) at Dalfaber North, Aviemore. Refused on 16 November 2006. Approval was granted on appeal (reference P/PPA/01/8) for up to 104 houses in total. This application was also unsuccessfully challenged at the Court of Session. b) 07/144/CP – Development of 20 serviced plots at Land North West of Dalfaber Farm, Dalfaber Drive, Aviemore. Approved by Planning Committee subject to a legal agreement; this was never signed. Applicant appealed against non-determination. Appeal allowed on 11 March 2010 (reference PPA-001‑2000). c) 07/145/CP – Development of 104 houses at Land North West and South of Former Steadings, Dalfaber Farm, Dalfaber, Aviemore. Approved by Planning Committee subject to a legal agreement; this was never signed. Applicant appealed against non-determination. Appeal allowed on 11 March 2010 (reference PPA-001‑2001). Applications 07/0144/CP and 17/0145/CP combined cover the site of 05/101/CP. d) 2013/0073/MSC – Approval of Matters Specified in Conditions 1 (Plans & Particulars), 4 (Landscaping Information re: Trees), 8 (Details required by Condition 1), 9 (Management and Maintenance Statement), 10 (Details required by Condition 1), 11 (Phasing Plan), 12 (Detailed Design Statement), 14 (Contoured Site Plan), 16 (Construction Method Statement), 17 (Management and Maintenance Statement), 19 (Programme of Archaeological Work) of Planning Permission in Principle 07/144/CP at Land to the North West of Dalfaber Farm House, Aviemore. Application refused on legal grounds at Planning Committee on 19 February 2015. Appeal allowed on 21 March 2016 (reference PPA-001‑2016). e) 2013/0074/MSC – Approval of Matters Specified in Conditions 1 (Plans & Particulars), 8 (details required by Condition1 ), 9 (Management & Maintenance Statement), 10 (Details required by Condition 1), 12 (Phasing Plan), 13 (Detailed Design Statement), 15 (Site Plan), 17 (Construction Method Statement), 18 (Management and Maintenance Statement), 20 (Programme of Archaeological Work) of Planning Permission in Principle — 07/0145/CP at Land North West and South of Former Steadings Dalfaber Farm, Dalfaber Drive, Aviemore. Application refused on legal grounds at Planning Committee on 19 February 2015. Appeal allowed on 21 March 2016 (reference PPA-001‑2017). f) 2014/0397/DET – Application under Section 42 to vary to conditions 1, 11, 12 and 21 on permission ref PPA-001‑2000 (07/93/OUTBS (07/144/CP)) at Land North West of Dalfaber Farm, Dalfaber Drive, Aviemore. Not called in on legal grounds and dealt with by the Highland Council. Applicant appealed against non-determination. Appeal allowed on 21 March 2016 (reference PPA-270‑2127). g) 2014/0399/DET – Application under Section 42 to vary conditions 1, 12, 13 and 22 of consent PPA-001‑2001 (07/94/OUTBS (07/0145/CP)) at Land North West and South of Former Steadings, Dalfaber Farm, Dalfaber Drive, Aviemore. Not called in on legal grounds and dealt with by the Highland Council. Applicant appealed against non-determination. Appeal allowed on 21 March 2016 (reference PPA-270‑2126). h) 2018/0183/MSC — Application to satisfy the conditions of Planning Permission PPA-270‑2127 for residential units at land to the South of Dalfaber Farm. Application granted 15 November 2018. i) 2025/0083/DET — Erection of 2no. houses on Plots 58 (58A and B) at 34 Farm Road Aviemore PH22 1AP. Application was approved by the National Park Authority’s Planning Committee subject to conclusion of a legal agreement or upfront payment to secure a financial contribution towards affordable housing provision but then withdrawn before the decision notice was issued.
Habitats regulations appraisal
- It is not considered that the proposed development is likely to have a significant impact upon a designated European Site. As such, a Habitats Regulations Appraisal (HRA) is not required in this case.
Development plan context
Policies
National Planning Framework 4 (NPF4) Scotland 2045
| National policy | Policies relevant to this application are marked with a cross (x) | |
|---|---|---|
| Policy 1 | Tackling the climate and nature crises | X |
| Policy 2 | Climate mitigation and adaptation | |
| Policy 3 | Biodiversity | X |
| Policy 4 | Natural places | |
| Policy 5 | Soils | |
| Policy 6 | Forestry, woodland and trees | |
| Policy 7 | Historic assets and places | |
| Policy 8 | Green belts | |
| Policy 9 | Brownfield, vacant and derelict land, and empty buildings | |
| Policy 11 | Energy | |
| Policy 12 | Zero waste | |
| Policy 13 | Sustainable transport | |
| Policy 14 | Design, quality and place | X |
| Policy 15 | Local living and 20 minute neighbourhoods | |
| Policy 16 | Quality homes | X |
| Policy 17 | Rural homes | |
| Policy 18 | Infrastructure first | |
| Policy 19 | Heating and cooling | |
| Policy 20 | Blue and green infrastructure | |
| Policy 21 | Play, recreation and sport | |
| Policy 22 | Flood risk and water management | X |
| Policy 23 | Health and safety | |
| Policy 24 | Digital infrastructure | |
| Policy 25 | Community wealth building | |
| Policy 26 | Business and industry | |
| Policy 27 | City, town, local and commercial centres | |
| Policy 28 | Retail | |
| Policy 29 | Rural development | |
| Policy 30 | Tourism | |
| Policy 31 | Culture and creativity | |
| Policy 32 | Aquaculture | |
| Policy 33 | Minerals |
Cairngorms National Park Partnership Plan 2022 – 2027
Cairngorms National Park Local Development Plan (2021)
| Local plan policy | Policies relevant to this application are marked with a cross (x) | |
|---|---|---|
| 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 design 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 |
- All new development proposals require to be assessed in relation to policies contained in the adopted Development Plan which comprises National Planning Framework 4 (NPF4) and the Cairngorms National Park Local Development Plan 2021 (LDP). The full wording of policies can be found at: https://www.gov.scot/publications/national-planning-framework‑4/documents/ and at: https://cairngorms.co.uk/wp-content/uploads/2021/03/CNPA-LDP-2021-web.pdf
Planning guidance
- Supplementary guidance also supports 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 (x).
| Policy | Description | |
|---|---|---|
| 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 | |
| Policy 9 | Cultural heritage non-statutory guidance | |
| Policy 10 | Resources non-statutory guidance | X |
| Policy 11 | Developer obligations supplementary guidance | X |
Consultations
A summary of the main issues raised by consultees now follows:
Highland Council Archaeology Officers raised no concerns regarding the proposal.
The Highland Council Flood Risk Management Team raised no concerns with the proposal.
Aviemore Community Council raised the issue of whether a greater amount of affordable housing provision or other community benefit should be provided given the increase in overall number of houses. They queried how this proposal may affect the affordable housing contributions agreed for the wider development.
Representations
- No representations were received.
Appraisal
- Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) requires applications to be determined in accordance with the Development Plan. This comprises National Planning Framework 4 (NPF4) and the Cairngorms National Park Local Development Plan 2021 (LDP). Where there is conflict between policies, NPF4 policies take precedence.
Principle
NPF4 Policy 1 Tackling the climate and nature crises states that when considering all development proposals significant weight will be given to the global climate and nature crises.
NPF4 Policy 16: Quality homes states that development proposals for new homes on land allocated for housing in LDPs will be supported.
LDP Policy 1: New housing development states that proposals for housing will be supported where they are located on an identified allocated site.
The proposal site is located within housing allocation site H1, as allocated by the LDP, and is located within the consented residential development site. The principle of residential development on the site is established, acceptable and in this respect complies with NPF4 Policy 16: Quality homes and LDP Policy 1: New housing development. The principle of the proposed development located on a site subject to an existing consent, within an existing settlement and within easy walking distance of amenities, is also considered to be in accordance with the principle of NPF4 policy 1, subject to compliance with other detailed policies.
Affordable housing
The proposed houses do not constitute affordable housing as defined by the LDP, however LDP Policy 1.5: Affordable housing states that developments of fewer than four market houses do not have to make an onsite provision.
Given, however, that this application proposes to develop two houses on a plot previously consented for one house as part of a wider residential development, which itself was subject to an affordable housing provision requirement, it is appropriate that this application makes a proportionate contribution to affordable housing provision.
With the total number of units being delivered on the wider site now increasing by one additional unit, it is appropriate to capture this uplift and the subsequent uplift in affordable housing requirement in accordance with the adopted LDP, which stipulates a 45% affordable housing requirement for sites in Aviemore.
As such, a legal agreement or upfront contribution to secure a commuted sum of £9,675 is proposed, which represents 45% of the current commuted sum rate for a single affordable housing plot. This has been discussed and agreed with the applicant.
Layout and design
NPF4 Policy 14: Design, quality and place seeks to ensure that development proposals improve the quality of the area and are consistent with the six qualities of successful places: healthy; pleasant; connected; distinctive; sustainable; and adaptable.
LDP Policy 3: Design and placemaking also seeks to ensure that proposals improve the quality of the area and are consistent with the six qualities of successful places.
LDP Policy 5: Landscape presumes against development that does not conserve and enhance the landscape character and special qualities of the National Park and, in particular, the setting of the proposed development.
The proposed development is of a design, scale and character that is in keeping with both that of the local townscape and that of the wider consented development. The scale and massing of the proposed development will also have little to no tangible impact on the landscape character or special qualities of the National Park.
The materials proposed include white render, uPVC framed windows, uPVC doors and concrete roof tiles, and are appropriate for the setting. The proposed development will not appear incongruous within the setting of the wider consented development.
The roads, access and servicing arrangements remain similar to that of the approved design, with no consequential changes.
The proposal is therefore in accordance with NPF4 Policy 14: Design, quality and place and with LDP Policy 3: Design and placemaking and Policy 5: Landscape.
Environment
NPF4 Policy 3: Biodiversity seeks to ensure that development proposals protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Development proposals must include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance.
NPF4 Policy 4: Natural places seeks to ensure that development proposals protect, restore and enhance natural assets making best use of nature-based solutions. Development that has significant adverse impacts on designated sites, after mitigation, will not be supported.
LDP Policy 4: Natural heritage seeks to ensure that there are no adverse effects on European Protected Species and other biodiversity interests.
The proposal does not include any specific measures concerning biodiversity enhancement. However, as the proposal seeks to develop a plot with an extant permission for a dwellinghouse located within a wider site undergoing residential development, it is considered that biodiversity enhancement solely in relation to this application is not required.
Similarly, wider issues relating to natural heritage and ecology have been addressed satisfactorily through the consideration and approval of the wider existing consent(s), and this proposed development is of a scale and nature which will not have any unacceptable detrimental impacts on biodiversity and natural heritage.
The proposal therefore complies with NPF4 Policy 3: Biodiversity, NPF4 Policy 4: Natural places and LDP Policy 4: Natural heritage.
Flooding and surface water
NPF4 Policy 22: Flood risk and water management seeks to ensure that developments are resilient to current and future flood risk.
LDP Policy 10: Resources requires that all developments should be free from flood risk and not increase the risk of flooding elsewhere.
There are no concerns regarding flood risk at the proposal site and the proposed drainage design remains largely as previously consented.
The proposal is therefore in accordance with NPF4 Policy 22: Flood risk and water management and LDP Policy 10: Resources.
Developer Obligations
LDP Policy 11: Developer obligations 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.
The applicant has agreed to the payment of a financial contribution towards affordable housing provision. No other planning obligations are required in this instance.
Conclusion
This proposal for two houses on a pre-existing residential development plot is acceptable in principle and the details of the proposed design, layout and materials are acceptable and in keeping with the character of the area.
The proposed development complies with the relevant policies of NPF4 and the LDP, subject to an appropriate legal agreement or upfront payment to secure the necessary affordable housing contribution, and there are no other material considerations which outweigh this conclusion.
Recommendation
That members of the committee support a recommendation to APPROVE the application for the erection of 2no. houses on Plots 58 (58A and B) at 34 Farm Road Aviemore PH22 1AP, subject to:
- Conclusion of a legal agreement or upfront payment to secure a financial contribution towards affordable housing provision; and
- The recommended conditions.
Conditions
Those conditions listed below in bold text are suspensive conditions, which require to be discharged prior to implementation of the development.
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which the permission is granted.
Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended.
Informatives
The person undertaking the development is required to give the Planning Authority prior written notification of the date 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.
Following completion of the development, a notification of 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.
Construction work (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 or Bank Holidays to minimise disturbance to residents in the area.