Item7AA20230300PPPInshcraigHousingCommitteeReport

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Devel­op­ment of three afford­able houses at Land 80M SW Of Inshcraig Insh Kin­gussie PH21 1NU

REF­ER­ENCE: 2023/0300/PPP

APPLIC­ANT: Miss Cath­ryn Williamson

DATE CALLED-IN: 17 July 2023

RECOM­MEND­A­TION: Approve sub­ject to conditions

CASE OFFICER: Emma Bryce — Plan­ning Man­ager (Devel­op­ment Management)

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CNPA Plan­ning Committee

Applic­a­tion Site

Crown copy­right and data­base rights 2024. Ord­nance Sur­vey Licence num­ber 100040965

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The site lies approx­im­ately 1.5 miles south­east of Kin­craig and is loc­ated off the B970. The site is farm­land lying dir­ectly to the rear of Insh House and its grounds, with an exist­ing pond and wooded area to the west. It com­prises flat grass­land with a small group of trees bey­ond its north­east bound­ary. It is accessed from an exist­ing track which has a junc­tion with the pub­lic minor road, the U2099, (which con­tin­ues south through to Glen Fesh­ie) just before Bal­nespick Farm. To the east lies the Spey­side Way which runs to the Ard­geal afford­able hous­ing devel­op­ment, with the vil­lage of Kin­craig lying beyond.

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=RXOT 95SI0CP00

Title	Draw­ing Num­ber	Date on Plan*	Date Received
Plan — Loc­a­tion Plan	23 – 02-PIP 01	01/07/23	13/07/23
Plan – Site Plan (indic­at­ive)	23 – 02-PIP 02	01/07/23	12/10/23
Plan — Access Section	23 – 02-PIP 03	01/08/23	12/10/23

*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 is for plan­ning per­mis­sion in prin­ciple and is for three house plots. The houses are to be afford­able homes. An indic­at­ive lay­out shows the houses sited to the north of the site and ori­ent­ated to ensure sat­is­fact­ory amen­ity for each dwell­ing. The houses will have their own drive and turn­ing area and waste water treat­ment tank with soakaway. The houses will be accessed off the exist­ing track which will be exten­ded and upgraded with passing places.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

1. An indic­at­ive site plan of the pro­pos­al is included with­in Appendix 1.

His­tory

1. There is no rel­ev­ant plan­ning his­tory for this site.

Hab­it­ats Reg­u­la­tions Appraisal

1. It has been con­cluded by NatureScot that a Hab­it­ats Reg­u­la­tions Apprais­al is not required in this instance.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy	Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045 Officer will delete policies that are not relevant
POLICY 1	Tack­ling the Cli­mate and Nature Crises
POLICY 2	Cli­mate Mit­ig­a­tion and Adaptation
POLICY 3	Biod­iversity
POLICY 4	Nat­ur­al Places
POLICY 7	His­tor­ic Assets and Places
POLICY 9	Brown­field, Vacant and Derel­ict Land, and Empty Buildings
POLICY 13	Sus­tain­able Transport
POLICY 14	Design, Qual­ity and Place
POLICY 16	Qual­ity Homes
POLICY 17	Rur­al Homes
POLICY 22	Flood Risk and Water Management

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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

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 Devel­op­ment Plan which com­prises Nation­al Plan­ning Frame­work 4 (NPF4) and the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021. The full word­ing of policies can be found at:

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

and at:

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

Plan­ning Guidance

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

Policy 1	Hous­ing Sup­ple­ment­ary Guid­ance	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	X
Policy 10	Resources Non-Stat­utory Guidance	X
Policy 11	Developer Oblig­a­tions Sup­ple­ment­ary Guidance	X

CON­SULTA­TIONS

1. A sum­mary of the main issues raised by con­sul­tees now follows:

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

1. Scot­tish Water has no objec­tion to the pro­pos­als, but sug­gest the applic­ant com­pletes a Pre-Devel­op­ment Enquiry (PDE) form ensur­ing the devel­op­ment can be ser­viced. There is cur­rently capa­city in the Aviemore Water Treat­ment Works to ser­vice the pro­posed devel­op­ment. The pro­posed devel­op­ment is with­in the Aviemore Waste Water Treat­ment Works catch­ment area but sug­gest the applic­ant com­pletes a Pre-Devel­op­ment Enquiry (PDE) form ensur­ing the devel­op­ment can be ser­viced. There is no Scot­tish Water Waste Water infra­struc­ture in the vicin­ity there­fore the applic­ant is advised to invest­ig­ate private treat­ment options.

2. Scot­tish Water records indic­ate that there is live infra­struc­ture in the prox­im­ity of the devel­op­ment site that may impact on exist­ing Scot­tish Water assets. The applic­ant must identi­fy any poten­tial con­flicts with Scot­tish Water assets and con­tact the Asset Impact Team via the cus­tom­er portal, for an approv­al of the pro­pos­als. Any con­flict with assets iden­ti­fied will be sub­ject to restric­tions on prox­im­ity of con­struc­tion. Writ­ten per­mis­sion must be obtained before any works are star­ted with­in the area of any Scot­tish Water Assets.

3. NatureScot has no objec­tions, stat­ing that in terms of des­ig­nated sites there is unlikely to be any sig­ni­fic­ant effects on any qual­i­fy­ing interests either dir­ectly or indir­ectly so long as water qual­ity from soakaways meets SEPA stand­ards. An appro­pri­ate assess­ment (HRA) is there­fore not required.

4. High­land Coun­cil Trans­port Plan­ning Team states that for the applic­a­tion to be sup­por­ted a form­al man­age­ment sys­tem (in per­petu­ity) for the private access track is required to ensure it is clear who is respons­ible for it and are aware of any fin­an­cial bur­den. Any fur­ther devel­op­ment off this track would not be sup­por­ted unless it is brought up to an adopt­able stand­ard through the Road Con­struc­tion Con­sent. They recom­mend a con­di­tion to any con­sent gran­ted that the detailed design of the access is approved by the team and con­struc­ted before any work com­mences on site.

5. They did, how­ever, object to the applic­a­tion with regard to the vis­ib­il­ity splays from the private track onto the U2099 and sought fur­ther inform­a­tion. Addi­tion­al inform­a­tion regard­ing vehicle speeds has been sub­mit­ted and they are now sat­is­fied with the pro­posed vis­ib­il­ity splays. Fur­ther­more, they also noted that a large clump of trees/​vegetation are loc­ated with­in the splay and required con­firm­a­tion from the Forestry Officer that they were sat­is­fied for this to be removed. The Forestry Officer has now con­firmed they are agree­able to this.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

1. High­land Coun­cil Flood Risk Man­age­ment Team do not object to the devel­op­ment on flood risk as SEPA’s indic­at­ive maps do not show the site is at risk. They do recom­mend that fin­ished floor levels are set a min­im­um of 250mm above sur­round­ing ground levels to help pro­tect against any resid­ual risk from sur­face water/​overland flow. They do, how­ever object on the grounds of insuf­fi­cient inform­a­tion on sur­face water drain­age arrangements.

2. High­land Coun­cil Con­tam­in­ated Land Officer states there does not appear to be any poten­tial source of con­tam­in­a­tion on site and there­fore they have no fur­ther comment.

3. High­land Coun­cil Waste Man­age­ment Team state that in order to provide a waste col­lec­tion ser­vice, Coun­cil Stand­ards will have to be factored into the design and con­struc­tion of the devel­op­ment to allow safe access and egress for waste col­lec­tion vehicles. Should the guid­ance stand­ards not be achieved waste col­lec­tion can­not be guar­an­teed. An altern­at­ive col­lec­tion point at the road end with a firm area of hard­stand­ing would be required that would not obstruct any vehicle move­ments. Any future res­id­ent would have to be made aware.

4. High­land Coun­cil Archae­olo­gist con­firms there are no sens­it­ive cul­tur­al her­it­age issues, and no spe­cif­ic mit­ig­a­tion is proposed.

5. High­land Coun­cil Forestry Officer states they have no objec­tion to the pro­posed remov­al of the area of wood­land with­in the vis­ib­il­ity splay provid­ing a Tree Plant­ing Plan is provided con­firm­ing replace­ment plant­ing in an area of at least the size of the scrub wood­land that will be lost with wood­land of a sim­il­ar type nearby.

6. High­land Coun­cil Developer Con­tri­bu­tions Officer states that the pro­posed devel­op­ment lies with­in the Alvie Primary School and Kin­gussie High School catch­ments, how­ever, these schools do not have exist­ing or pro­jec­ted capa­city issues and there­fore no developer con­tri­bu­tions are required. Sim­il­arly, the plots are for afford­able homes, there­fore no con­tri­bu­tion is required in respect of that issue. Although afford­able hous­ing agen­cies are men­tioned it has not been con­firmed that the plots or com­pleted houses will meet the High­land Council’s defin­i­tion of afford­able pro­vi­sion. This should be clarified.

7. CNPA Land­scape Officer states that, based on the inform­a­tion cur­rently sub­mit­ted for the plan­ning per­mis­sion in prin­ciple, the pro­posed devel­op­ment could res­ult in some adverse land­scape and visu­al effects with­in the loc­al area. Detailed design will be import­ant in redu­cing these and any fur­ther applic­a­tion for full plan­ning permission

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

should include a lay­out and design of the pro­posed houses which would relate to land­scape char­ac­ter, visu­al amen­ity and spe­cial land­scape qualities.

1. CNPA Eco­logy Officer has no objec­tions to the pro­posed devel­op­ment sub­ject to a num­ber of con­di­tions requir­ing a full land­scap­ing and tree pro­tec­tion plan, full pro­tec­ted spe­cies sur­veys for at least, water vole, badger, red squir­rel, pine marten and bats and inver­teb­rates where appro­pri­ate. All sur­vey work and assess­ments must be sub­mit­ted and approved pri­or to work com­men­cing on site. If works can­not be under­taken out with the bird breed­ing sea­son, then pre-con­struc­tion nest­ing checks and any sub­sequent bird pro­tec­tion plan must be under­taken and approved before works com­mence. A Phase 1 hab­it­at sur­vey and a site-spe­cif­ic pol­lu­tion pre­ven­tion plan must be included in any future detailed applic­a­tion. Enhance­ments for biod­iversity should also be included to com­ply with the require­ments of NPF4.

2. CNPA Out­door Access Officer has no com­ments to make.

3. Kin­craig and Vicin­ity Com­munity Coun­cil state that do not have enough inform­a­tion to either sup­port or oppose the pro­posed devel­op­ment, how­ever they do have con­cerns regard­ing the Small Hous­ing Com­munit­ies Trust stat­ing the Com­munity Coun­cil sup­port the pro­pos­als. They sup­port low-cost sus­tain­able afford­able hous­ing in appro­pri­ate loc­a­tions. There are already examples of this in Kin­craig. The Com­munity Coun­cil has con­cerns regard­ing the road access and poten­tial for road safety issues, the impact on nat­ur­al hab­it­ats, poten­tial flood risk and the land being used for under­ground elec­tri­city cables.

REP­RES­ENT­A­TIONS

1. There have been sev­en let­ters of objec­tion and one let­ter com­ment­ing on the pro­posed devel­op­ment. Cop­ies of these can be viewed in Appendix 2. The main points of objec­tion are sum­mar­ised as follows:

a) Loss of pri­vacy and amen­ity and views to adja­cent prop­er­ties; b) Exist­ing track is not owned by the applic­ant and is sub­stand­ard and not appro­pri­ate for its pro­posed use; c) Poten­tial flood­ing of exist­ing track and its future upkeep; d) Exist­ing track’s use for farm busi­ness – how will this be accom­mod­ated in future; e) Insuf­fi­cient envir­on­ment­al inform­a­tion and there­fore det­ri­ment­al biod­iversity and envir­on­ment­al impacts;

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

f) Urb­an­isa­tion of the area; g) Pro­posed ​‘bell­mouth’ not big enough; h) Vis­ib­il­ity splays insuf­fi­cient and obscured by exist­ing trees and shrubs; i) An elec­tri­city line runs beneath site there­fore there are implic­a­tions for the pro­posed devel­op­ment and pre­cludes any plant­ing with­in the prox­im­ity of the site; j) The site lies out­with the set­tle­ment bound­ary as defined in the LDP and the devel­op­ment will set a pre­ced­ent if approved; k) A brown­field site is more appro­pri­ate for such a devel­op­ment; l) No fur­ther hous­ing required in the area; m) No nat­ur­al sep­tic tank drain­age and there­fore heavy vehicle move­ments required to empty it; n) Con­trary to the LDP in terms of rur­al hous­ing groups; o) The pro­posed detached dwell­ings are not con­sidered afford­able units; p) Mis­lead­ing inform­a­tion in the design state­ment; q) Loss of agri­cul­tur­al land;

APPRAIS­AL

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

2. The main plan­ning con­sid­er­a­tions are con­sidered to be: the prin­ciple of devel­op­ment; design, lay­out and the impact upon the land­scape; envir­on­ment­al impacts; access and ser­vi­cing; and developer contributions.

Prin­ciple

1. At nation­al policy level, Nation­al Plan­ning Frame­work 4 (NPF4) Policy 9: Brown­field, Vacant and Derel­ict Land and Empty Build­ings (para­graph 9b) states that ​“Pro­pos­als on green­field sites will not be sup­por­ted unless the site has been alloc­ated for devel­op­ment or the pro­pos­al is expli­citly sup­por­ted by policies in the LDP”. Policy 17: Rur­al Homes seeks to encour­age, pro­mote and facil­it­ate the deliv­ery of more high qual­ity, afford­able and sus­tain­able rur­al homes in the right loc­a­tions. This policy (para­graph 17b) states ​“Devel­op­ment pro­pos­als for new homes in rur­al areas will con­sider how the devel­op­ment will con­trib­ute towards loc­al liv­ing and take into account loc­al hous­ing needs (includ­ing afford­able housing)…”

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

1. A key issue iden­ti­fied with­in the Cairngorms Nation­al Park Part­ner­ship Plan 2022 – 2027 is access to hous­ing for those liv­ing and work­ing with­in the Park. A prin­ciple object­ive of the Plan is to ensure an increase in afford­able hous­ing stock in per­petu­ity to achieve this.

2. In terms of loc­al devel­op­ment plan policy, Policy 1: New Hous­ing Devel­op­ments seeks to approve appro­pri­ate hous­ing devel­op­ment which sup­ports sus­tain­able com­munit­ies and rein­forces and enhances the char­ac­ter of its sur­round­ings. Policy 1.2: Hous­ing devel­op­ment in exist­ing rur­al groups favours new hous­ing devel­op­ment which adds to an exist­ing rur­al group of three or more build­ings where at least one of which is a dwell­ing house. The devel­op­ment should con­nect to, rein­force and enhance the char­ac­ter of the group, integ­rat­ing with the exist­ing built form and pat­tern of devel­op­ment; and not add more than one third to the exist­ing num­ber of build­ings in the group with­in the Plan period.

3. The pro­pos­al will intro­duce three dwell­ings on a rur­al site out­with a set­tle­ment bound­ary. There is an exist­ing group of dwell­ings with­in the imme­di­ate vicin­ity, the exist­ing Insh House group of five houses (Insh House which is a cat­egory C lis­ted build­ing, Glebe House, Telford Cot­tage, Fraser Cot­tage and Inshcraig) being the closest. Bal­nespick Farm also lies with­in close prox­im­ity to the site. It is con­sidered that the pro­posed dwell­ings would add to this exist­ing group albeit three houses could be con­sidered to slightly exceed the num­ber policy would support.

4. Not­with­stand­ing this, it is an over­rid­ing aim of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 to increase the deliv­ery of afford­able hous­ing in per­petu­ity across the Park. Policy 1.4: Design­ing for afford­ab­il­ity and spe­cial­ist needs requires that res­id­en­tial devel­op­ment will provide a mix of dwell­ing types and sizes to help secure a bal­anced hous­ing stock, with an emphas­is on smal­ler dwell­ings. Policy 1.6: Afford­able hous­ing excep­tion sites sup­ports devel­op­ment of 100% afford­able hous­ing in loc­a­tions that would not nor­mally be used for hous­ing where it is jus­ti­fied by evid­ence of a loc­al need, and it is designed to address that need. The pro­pos­al is for three mod­est sized, afford­able houses the details of which will be sub­ject to future con­sid­er­a­tion under mat­ters spe­cified in con­di­tion applic­a­tions (MSC stage). The vil­lage of Kin­craig and its environs is a small com­munity where it is recog­nised there is a need for small scale hous­ing oppor­tun­it­ies to meet loc­al need, in par­tic­u­lar afford­able hous­ing. This is echoed in the set­tle­ment object­ives set out with­in the adop­ted Loc­al Devel­op­ment Plan 2021. Provid­ing a suit­able mech­an­ism is in place to ensure the pro­posed houses are secured as

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

afford­able homes in per­petu­ity, it is con­sidered that the pro­posed devel­op­ment com­plies with the rel­ev­ant parts of Policy 9: Brown­field, Vacant and Derel­ict Land and Empty Build­ings and Policy 17: Rur­al Homes of NPF4 and Policy 1: New Hous­ing Devel­op­ment of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Design, Lay­out, Cul­tur­al Her­it­age and Land­scape Impacts

1. Policy 7: His­tor­ic assets and places of NPF4 seeks to pro­tect and enhance his­tor­ic assets while Policy 14: Design, qual­ity and place requires devel­op­ment pro­pos­als to be designed to improve the qual­ity of an area wheth­er in urb­an or rur­al loc­a­tions and regard­less of scale and are con­sist­ent with the six qual­it­ies of suc­cess­ful places: healthy, pleas­ant, con­nec­ted, dis­tinct­ive, sus­tain­able and adapt­able. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 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 also seeks an appro­pri­ate level of private amen­ity ground and space for off-street park­ing. Policy 5: Land­scape 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. Policy 9: Cul­tur­al Her­it­age requires devel­op­ment that may affect the set­ting of a lis­ted build­ing to pre­serve and enhance its character.

2. The applic­a­tion is for plan­ning per­mis­sion in prin­ciple and there­fore full details of the design are not required at this stage. An indic­at­ive site lay­out has been sub­mit­ted show­ing how the three dwell­ings could be loc­ated and ori­ent­ated on the site and how they will fit with­in their con­text and the rela­tion­ship with adja­cent prop­er­ties. Insh House which lies adja­cent to the site, is a cat­egory C lis­ted build­ing. It is con­sidered that the site can be suit­ably developed without an adverse impact on its sur­round­ings. The detailed design and land­scap­ing scheme for the pro­posed devel­op­ment will be the sub­ject of applic­a­tions at the MSC stage with details secured by con­di­tions in accord­ance with NPF4 Policies 7 and 14 and LDP Policies 3, 5 and 9.

Envir­on­ment­al Impacts

1. NPF4 Policy 1: Tack­ling the cli­mate and nature crises requires that sig­ni­fic­ant weight is giv­en to the glob­al cli­mate and nature crisis when con­sid­er­a­tion is giv­en to new devel­op­ment, while Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion requires devel­op­ment to be sited and designed to adapt to cur­rent and future risks from cli­mate change.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

Policy 3: Biod­iversity seeks to ensure that devel­op­ment will con­serve, restore and enhance biod­iversity while Policy 4: Nat­ur­al Places seeks to pro­tect, restore and enhance nat­ur­al assets includ­ing pro­tec­ted areas.

1. NatureScot iden­ti­fied that a Hab­it­ats Reg­u­la­tions Apprais­al (HRA) was not required as the devel­op­ment is unlikely to have any sig­ni­fic­ant effects on any qual­i­fy­ing interests in terms of des­ig­nated sites provid­ing water qual­ity from soakaways meets SEPA stand­ards. It is recom­men­ded that sub­ject to appro­pri­ate con­di­tions (requir­ing tree pro­tec­tion meas­ures, a land­scap­ing scheme, appro­pri­ate pro­tec­ted spe­cies sur­veys, any neces­sary pre-con­struc­tion nest­ing checks and any sub­sequent bird pro­tec­tion plan and a Phase 1 hab­it­at sur­vey and a site spe­cif­ic pol­lu­tion pre­ven­tion plan) all issues can be addressed at the detailed MSC stage to ensure com­pli­ance with NPF4 and LDP policies. In accord­ance with Policy 3 of NPF4, a plan­ning con­di­tion is recom­men­ded to secure biod­iversity enhancement.

Access and Servicing

1. Policy 13: Sus­tain­able Trans­port of NPF4 sup­ports devel­op­ment where trans­port require­ments gen­er­ated have been con­sidered in line with sus­tain­able travel hier­arch­ies, while Policy 17: Rur­al homes sup­ports devel­op­ment for new homes in rur­al areas which take into account the trans­port needs of the devel­op­ment as appro­pri­ate for the rur­al loc­a­tion. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, requires all devel­op­ment pro­pos­als to include an appro­pri­ate means of access and egress and space for off street parking.

2. The site is accessed from the exist­ing track from the pub­lic U2099 road. The Trans­port Plan­ning team have recom­men­ded that a con­di­tion requir­ing a form­al man­age­ment sys­tem (in per­petu­ity) for the track is approved to ensure those respons­ible for it are iden­ti­fied and made aware of any fin­an­cial bur­dens asso­ci­ated with it. It is also recom­men­ded that the detailed design of the junc­tion with the U2099 and the pro­posed access and the dimen­sions of the vis­ib­il­ity splay are sub­ject to con­di­tions on any con­sent gran­ted. Each plot provides suf­fi­cient private park­ing space. The site also lies in close prox­im­ity to the Spey­side Way provid­ing sus­tain­able travel links.

3. NPF4 Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion requires that devel­op­ment is sited and designed to adapt to cur­rent and future risks from cli­mate change while Policy 22: Flood Risk and Water Man­age­ment pro­motes avoid­ance as a first prin­ciple and redu­cing the

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

vul­ner­ab­il­ity of exist­ing and future devel­op­ment to flood­ing. Policy 3: Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sets out the need for new devel­op­ment to be sat­is­fact­or­ily ser­viced and without harm to resources of the environment.

1. In terms of flood risk, the Coun­cil Flood team has no objec­tions sub­ject to a con­di­tion requir­ing that fin­ished floor levels are set a min­im­um of 250mm above sur­round­ing ground levels. They also require fur­ther inform­a­tion regard­ing sur­face water drain­age arrange­ments. This can be the sub­ject of a con­di­tion to be addressed at the MSC stage. The Council’s Waste Man­age­ment team recom­mend that any detailed design for refuse col­lec­tion should fol­low Coun­cil stand­ards. A con­di­tion is also recom­men­ded requir­ing waste col­lec­tion details to be incor­por­ated into the detailed design of the devel­op­ment to ensure sat­is­fact­ory arrange­ments are in place for this ser­vice to be undertaken.

2. Sub­ject to the impos­i­tion of the recom­men­ded con­di­tions, the pro­posed devel­op­ment will com­ply with the rel­ev­ant parts of Policy 3: Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Developer Con­tri­bu­tions

1. 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 make a fair and reas­on­able con­tri­bu­tion in cash or in kind towards addi­tion­al costs or require­ments. The pro­posed devel­op­ment will not have a sig­ni­fic­ant effect on any infra­struc­ture or facil­it­ies in the loc­al area.

Oth­er Issues Raised in Con­sulta­tions and Representations

1. The applic­a­tion is for plan­ning per­mis­sion in prin­ciple and as such all details, includ­ing design and extern­al fin­ishes will be con­sidered at the detailed plan­ning applic­a­tion stage. All oth­er mat­ters raised by con­sul­tees and third parties have been addressed above. The applic­ant will be required to liaise with SSEN regard­ing elec­tri­city cables that may run beneath site.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

CON­CLU­SION

1. This applic­a­tion is seek­ing con­sent in prin­ciple for three afford­able homes in this rur­al loc­a­tion. There are exist­ing groups of build­ings with­in the imme­di­ate vicin­ity, and it is con­sidered that the intro­duc­tion of hous­ing on this site will ful­fil an iden­ti­fied loc­al hous­ing need which will bene­fit the loc­al com­munity. Any iden­ti­fied issues and points of detail that have not been suf­fi­ciently addressed at this stage will be resolved through the impos­i­tion of suit­able con­di­tions as detailed in the para­graphs above. Sub­ject to these recom­men­ded con­di­tions, the pro­posed devel­op­ment is con­sidered to com­ply with the policies con­tained with­in Nation­al Plan­ning Frame­work 4 and the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and approv­al is there­fore recommended.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the devel­op­ment of three afford­able houses at Land 80M SW Of Inshcraig Insh Kin­gussie PH21 1NU 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 in bold relate to mat­ters that require applic­a­tions to be made to the plan­ning author­ity for fur­ther con­sent, approv­al, or agree­ment in terms of Sec­tion 59 1(b) of the Town and Coun­try Plan­ning (Scot­land) Act 1997(as amended).

Con­di­tions

1. The devel­op­ment hereby approved shall begin no later than 5 years from the date of this decision notice.

   Reas­on: Per­mis­sion for the devel­op­ment has been gran­ted in prin­ciple only and is sub­ject to the times­cales and oth­er lim­it­a­tions of sec­tion 59 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 (as amended).

2. **No devel­op­ment shall com­mence on site until an Afford­able Hous­ing Deliv­ery Plan provid­ing details of a mech­an­ism that will ensure afford­ab­il­ity, in per­petu­ity, of the houses for all occu­pi­ers (first and

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

sub­sequent) has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Authority.**

There­after the devel­op­ment shall be imple­men­ted and occu­pied in accord­ance with the approved Afford­able Hous­ing Deliv­ery Plan.

Reas­on: To com­ply with the policies of the Devel­op­ment Plan in respect of afford­able housing.

1. No devel­op­ment shall com­mence on site until full details of the site lay­out, design and extern­al appear­ance and fin­ishes (samples may be required) of the pro­posed houses and any oth­er struc­tures (gar­ages, bin stores, etc.) have been sub­mit­ted to and approved by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity. These details shall incor­por­ate pro­posed fin­ished ground floor levels set at a min­im­um of 250mm above sur­round­ing ground levels.

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

Reas­on: To ensure that the devel­op­ment has a lay­out and design which is com­pat­ible with its sur­round­ings and in accord­ance with Policy 14: Design, qual­ity and place of NPF4, Policy 3: Design and place­mak­ing, Policy 5: Land­scape and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No devel­op­ment shall com­mence on site until a Tree Sur­vey, Arbor­i­cul­tur­al Impact Assess­ment and Tree Pro­tec­tion Plan for the site in accord­ance with BS8537 is under­taken and sub­mit­ted to and approved in writ­ing by the CNPA act­ing as Plan­ning Authority.

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

1. **No devel­op­ment shall com­mence on site until a fully detailed land­scap­ing scheme for both hard and soft land­scap­ing pro­pos­als and the future main­ten­ance and man­age­ment of the pro­posed scheme has been sub­mit­ted to and approved in writ­ing by the CNPΑ act­ing as Plan­ning Author­ity. This shall include, but not be lim­ited to

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

hard land­scap­ing mater­i­al spe­cific­a­tion, soft land­scap­ing plant and tree spe­cies and plant­ing spe­cific­a­tions and the incor­por­a­tion of biod­iversity enhance­ments such as bird and bat boxes.**

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

Reas­on: To ensure the long term reten­tion of an appro­pri­ate land­scap­ing set­ting, enhanced biod­iversity and to ensure the devel­op­ment will not have an adverse impact on the land­scape set­ting or eco­lo­gic­al qual­ity of the devel­op­ment in accord­ance with Policy 3: Biod­iversity, Policy 4: Nat­ur­al Places and Policy 14: Design, qual­ity and place of NPF4 and Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No devel­op­ment shall com­mence on site until a Phase 1 Hab­it­at Sur­vey is under­taken and sub­sequent pre-con­struc­tion sur­veys are car­ried out by a suit­ably qual­i­fied eco­lo­gist for breed­ing birds (if works are to be under­taken dur­ing the breed­ing bird sea­son of March to August — inclus­ive), and at least, for water vole, badger, red squir­rel, pine marten and bats and inver­teb­rates where appro­pri­ate. The res­ults, togeth­er with any asso­ci­ated Spe­cies Pro­tec­tion Plans shall be sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing at Plan­ning Authority.

There­after all breed­ing bird and pro­tec­ted spe­cies mit­ig­a­tion meas­ures shall be imple­men­ted in accord­ance with any approved spe­cies pro­tec­tion plans and over­seen by a suit­ably qual­i­fied Eco­lo­gic­al Clerk of Works.

Reas­on: To determ­ine the effects of the pro­pos­als on the eco­logy of the site and to inform mit­ig­a­tion meas­ures for pro­tec­ted spe­cies dur­ing con­struc­tion works in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al places of NPF4 and Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Author­ity Loc­al Devel­op­ment Plan 2021.

1. **No devel­op­ment shall com­mence on site until a Pol­lu­tion Pre­ven­tion Plan to ensure the risk of pol­lu­tion from sed­i­ment or oth­er pol­lut­ants that may be released dur­ing con­struc­tion from enter­ing any nearby water bod­ies or courses, has been sub­mit­ted to and agreed in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

Plan­ning Author­ity. The devel­op­ment shall there­after be imple­men­ted in accord­ance with the approved plan.**

Reas­on: To pro­tect the water envir­on­ment and the integ­rity of any nearby water bod­ies or courses in accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al places of NPF4 and Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. No devel­op­ment shall com­mence on site until a Traffic Man­age­ment Scheme and access details have 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 to the following:

   a) Iden­ti­fic­a­tion of own­er­ship of the track, rights of access over it, spe­cific­a­tion the track will be main­tained to, who will be respons­ible for main­tain­ing the track, how costs for main­ten­ance will be appor­tioned and if owners/​users require insur­ance for the ongo­ing main­ten­ance of the track; b) The first six metres of the access track will be sur­faced in a bitu­min­ous mater­i­al; c) Provide a bin stor­age area appro­pri­ately sized for bins for four dwell­ings at the junc­tion of the U2099 but out with the vis­ib­il­ity splays; d) Appro­pri­ate vis­ib­il­ity splays to either side of the access track are agreed and approved by the Trans­port team. e) Meas­ures to ensure that sur­face water from the private track does not flow onto the U2099 or vice versa; f) Provide a tie-in detail where the new ser­vice bay joins the U2099. (The U2099 will not be designed or built to cur­rent stand­ards, there­fore the applic­ant may be required to provide a full over­lay across the road for the width of the new ser­vice bay to ensure the integ­rity of the road); g) Details of how the adja­cent head­wall will be impacted; h) The min­im­um amount of car park­ing pro­vi­sion as set out in Coun­cil standards.

There­after no devel­op­ment shall com­mence on site until the approved scheme is imple­men­ted and main­tained in accord­ance with the approved details.

Reas­on: In the interests of road safety in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7

1. No devel­op­ment shall com­mence until full details of the final drain­age scheme and a final­ised drain­age impact assess­ment includ­ing pro­vi­sion for sur­face water drain­age 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. The assess­ment should meet the full require­ments of the Sup­ple­ment­ary Guid­ance: Flood Risk and Drain­age Impact Assess­ment . The approved drain­age scheme shall be imple­men­ted and main­tained in accord­ance with the approved details in full pri­or to the occu­pa­tion of any unit with­in the development.

Reas­on: To ensure that sat­is­fact­ory arrange­ments for the dis­pos­al of sur­face water are provided in accord­ance with Policy 22 of NPF4 and Policy 3: Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Inform­at­ives

Times­cales and Pro­ced­ures for Apply­ing for Requis­ite Approvals

1. An applic­a­tion for requis­ite approv­al may be made for dif­fer­ent mat­ters and dif­fer­ent parts of the devel­op­ment at dif­fer­ent times. Each applic­a­tion shall be made in writ­ing and must:

   a) identi­fy the plan­ning per­mis­sion to which it relates; b) con­tain a descrip­tion of the mat­ter in respect of which the applic­a­tion is made; c) state the name and address of the applic­ant and, where an agent is act­ing on behalf of the applic­ant, the name and address of that agent; d) be accompanied—

   i.  where the application relates to the alteration or construction of
   

   build­ings, oth­er struc­tures or roads or to land­scap­ing, by plans and draw­ings describ­ing the mat­ter in respect of which the applic­a­tion is made;

   ii.  where any neighbouring land is owned by the applicant, by a
   

   plan identi­fy­ing that land; and