Item7AAHouseOfBruar202300145DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PRO­POSED: Renew­al of per­mis­sion 19/02111/FLL (Erec­tion of art gal­lery build­ing, recon­fig­ure car park, install­a­tion of 4 air source heat pumps, land­scap­ing and asso­ci­ated works). at House Of Bru­ar B8079 From The Junc­tion Of The A9t At Bru­ar To The Access Road Lead­ing To Wood­house­lee Pit­agow­an Blair Atholl Pit­lo­chry Perth And Kinross

REF­ER­ENCE: 2023/0145/DET APPLIC­ANT: The House Of Bru­ar DATE CALLED-IN: 27 March 2023 RECOM­MEND­A­TION: Approve, sub­ject to Con­di­tions. CASE OFFICER: Stephanie Wade, Plan­ning Officer

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CNPA Plan­ning Committee

Applic­a­tion Site N

0 20 40 80 Meters Water­falls 250- ‑Pit­agow­an Road ve M P Bal­nac­roft Bru­ar Stand­ing Stone r Garry ‑09 0 1 Sunnybrae Lay-by van Row­an Cot­tage ↓ Issues LB 0.3m. Shel­ter 10 The Read­ing Room Gen­er­al Wade’s Mil­it­ary Road B847 এ র রসস Drain A B847 A9 Crown copy­right and data­base rights 2020. Ord­nance Sur­vey Licence num­ber 100040965 Bru­ar Lodge The House of Bru­ar B847 FS Clach na h‑Jobairt A A A9 CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023 Bru­ar Water Clan Don­na­chaidh Museum B8079 B8079 Gp B8079 ΕΙ Sub Sta A9 2 159.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

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 11-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=RRZ5ATSI0 CP00

Title Draw­ing Date on Date Received Num­ber Plan*

PLANS Plan — Loc­a­tion Plan at 1915.1.01 25/10/19 23/03/23 1:10,000 Plan — Loc­a­tion Plan at 1:2500 195.2.02b 25/10/19 23/03/23 Plan — Site Plans 1.03b 25/10/19 23/03/23 Plan — Gal­lery Draw­ings-4a P04a 25/10/19 23/03/23

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

Plan – Gal­lery Draw­ings- 4b P04b 25/10/19 23/03/23 Plan – Gal­lery Drawings‑5 P05 25/10/19 23/03/23

SUP­PORT­ING DOC­U­MENT­A­TION Oth­er – Sup­port­ing State­ment ¹⁹⁄₂₄₀ 07/01/20 23/03/23 Oth­er — Retail State­ment 01/12/19 23/03/23 Oth­er – Plan­ning State­ment 09/03/23 19/05/23 Oth­er – Plan­ning State­ment 01/12/19 23/03/23 Oth­er — Con­struc­tion Meth­od ¹⁹⁄₂₄₀ 01/12/19 23/03/23 State­ment Oth­er – Air Source Heat Pump PUHZ-W- 23/03/23 Bro­chure VAA Oth­er – Flood­ing Inform­a­tion ¹⁹⁄₂₄₀ 25/04/23 28/04/23 Oth­er – Soakaway Design 28/04/23 Oth­er — Cal­cu­la­tion Sheet — 16/03/11 28/04/23 Poros­ity Test for Car Park­ing *Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. This applic­a­tion is sub­mit­ted for renew­al of a timeous per­mis­sion ref­er­enced 2020/0012/DET, which gained con­sent for the ​“erec­tion of an art gal­lery build­ing togeth­er with car park recon­fig­ur­a­tion and land­scap­ing” at House of Bru­ar. The ori­gin­al applic­a­tion was approved at the March 2020 CNPA com­mit­tee meet­ing and decision notice issued on 20^th March 2020.

2. The renew­al applic­a­tion has been sub­mit­ted to extend the decision peri­od for the devel­op­ment and pro­poses no changes to the scheme as approved which is out­lined below in full, for reference:

a) 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.

b) 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.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

c) 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 Exist­ing num­ber of Pro­posed num­ber of (as illus­trated on the park­ing spaces park­ing space site plan) fol­low­ing the realign­ment of the park­ing area Park­ing on the north 10 10 Park­ing on the north- 23 26 east Park­ing on the south 18 15 TOTAL 51 51

d) 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.

e) 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.

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

His­tory

1. The site bene­fits from sev­er­al plan­ning applic­a­tions, which are out­lined below and were all determ­ined by the Loc­al Author­ity, Perth and Kinross Council:

a) Plan­ning applic­a­tion ref: 23/00071/FLL, for the ​‘Exten­sion to warehouse/​offices to form addi­tion­al office space (class2), pro­duce development/​food pre­par­a­tion areas with asso­ci­ated stor­age and dis­tri­bu­tion (Class 6)’. The applic­a­tion is cur­rently under con­sid­er­a­tion by the Loc­al Author­ity. b) 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.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

c) 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. d) Plan­ning applic­a­tion ref: 17/01070/FLL, for the ​‘form­a­tion of a pitched roof was gran­ted con­di­tion­al con­sent on 25 August 2017. e) 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.

1. Of rel­ev­ance to this applic­a­tion, is plan­ning per­mis­sion 2020/0012/DET which per­mit­ted the ori­gin­al pro­pos­al for the erec­tion of the Art Gal­lery and asso­ci­ated infra­struc­ture which is the sub­ject of this renew­al applic­a­tion. The ori­gin­al per­mis­sion was determ­ined by CNPA Plan­ning Com­mit­tee in March 2020.

Hab­it­ats Reg­u­la­tions Appraisal

1. A Hab­it­ats Reg­u­la­tions Apprais­al [HRA] has been under­taken to con­sider the poten­tial effects of the pro­pos­al on the River Tay Spe­cial Area of Con­ser­va­tion. A copy of the HRA can be found at Appendix 2. The River Tay SAC is approx­im­ately 100m east at its nearest point (Bru­ar Water). The HRA con­cludes that giv­en the lack of obvi­ous con­nectiv­ity between the pro­posed devel­op­ment and the River Tay SAC, all con­ser­va­tion meas­ures are con­sidered to be met and no adverse impact on any of the des­ig­nated fea­tures is anti­cip­ated. A Pol­lu­tion Pre­ven­tion Plan for con­struc­tion is recom­men­ded as good prac­tice to ensure the con­tract­ors are aware of their respons­ib­il­it­ies giv­en the prox­im­ity to the River Tay SAC.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045 POLICY 1 Tack­ling the Cli­mate and Nature Crises POLICY 2 Cli­mate Mit­ig­a­tion and Adapt­a­tion POLICY 3 Biod­iversity POLICY 4 Nat­ur­al Places POLICY 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 22 Flood Risk and Water Man­age­ment POLICY 28 Retail

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

POLICY 29 Rur­al Devel­op­ment 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 POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH X POLICY 3 DESIGN AND PLACE­MAK­ING X POLICY 4 NAT­UR­AL HER­IT­AGE X POLICY 5 LAND­SCAPE X POLICY 6 THE SIT­ING AND DEISGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT POLICY 7 RENEW­ABLE ENERGY POLICY 8 OPEN SPACE, SPORT AND RECRE­ATION POLICY 9 CUL­TUR­AL HER­IT­AGE X POLICY 10 RESOURCES X POLICY 11 DEVELOPER OBLIG­A­TIONS X

1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Loc­al Devel­op­ment Plan. The full word­ing of policies can be found at:

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

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 Policy 2 Sup­port­ing Eco­nom­ic Growth Non-Stat­utory X 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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

CON­SULTA­TIONS

Sum­mary of the main issues raised by consultees

1. Trans­port Scot­land has no objections.

2. Scot­tish Water has no objec­tions, but request that the developer sub­mits a pre-devel­op­ment enquiry to them fol­low­ing the grant­ing of plan­ning per­mis­sion to con­firm capa­city availability.

3. Perth and Kinross Coun­cil Trans­port Plan­ning Team has no objec­tions sub­ject to the inclu­sion of plan­ning con­di­tions. The Officer recom­mends the inclu­sion of a plan­ning con­di­tion for the agree­ment of a Con­struc­tion Traffic Man­age­ment Plan which shall include man­age­ment of traffic flows past the con­struc­tion site and through the con­struc­tion site, regard­ing the bus ser­vice route and wheth­er a tem­por­ary bus stop will be required dur­ing the con­struc­tion works. The Officer notes that the park­ing levels provided for the whole site will remain the same. A plan­ning con­di­tion is recom­men­ded for the pri­or agree­ment and sub­sequent install­a­tion of a 12-cycle stor­age facility.

4. Perth and Kinross Com­mer­cial Waste Team con­firm the exist­ing bin store will be suf­fi­cient for the site.

5. Perth and Kinross Coun­cil Devel­op­ment Nego­ti­ations Officer con­firms that no developer con­tri­bu­tions are required from this development.

6. Perth and Kinross Coun­cil Envir­on­ment­al Health Officer has not provided any com­ments on this renew­al application.

7. Perth and Kinross Coun­cil Flood Risk Man­age­ment Officer ori­gin­ally reques­ted the sub­mis­sion of addi­tion­al inform­a­tion. Fol­low­ing this, the Officer con­firmed they have no objec­tion and require no fur­ther information.

8. CNPA Eco­logy Officer has no objec­tion. The Officer notes the inten­tions to trans­plant the exist­ing trees to be affected by the devel­op­ment or replaced with sim­il­ar size spe­cies and trees. The sig­ni­fic­ant of effects for pro­tec­ted species/​breeding birds is slight with lim­ited hab­it­ats for sup­port­ing pro­tec­ted spe­cies. Pol­lu­tion pre­ven­tion meas­ures are pro­posed by con­di­tion to ensure that con­struc­tion works do not affect the Bru­ar Water which forms part of the River Tay Spe­cial Area of Conservation.

9. Blair Atholl & Stru­an Com­munity Coun­cil were con­sul­ted on the applic­a­tion but have not provided any response.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

REP­RES­ENT­A­TIONS

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

APPRAIS­AL

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

2. Since the con­sid­er­a­tion of the pre­vi­ous applic­a­tion, the Devel­op­ment Plan for Cairngorms Nation­al Park has now changed to the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and the Nation­al Plan­ning Frame­work 4. This report there­fore appraises the scheme against the cur­rent Devel­op­ment Plan.

Prin­ciple of Development

1. Policy 29(b): Rur­al Devel­op­ment of NPF4 requires devel­op­ment in rur­al areas to be suit­ably scaled, sited, and designed to be in keep­ing with the char­ac­ter of the area. Both Policy 28: Retail of NPF4 and Policy 2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sup­port new retail devel­op­ment where it uses a sequen­tial approach to site selec­tion out of set­tle­ments and where the devel­op­ment sup­ports eco­nom­ic vital­ity and viab­il­ity of the com­munity. Both policies also stip­u­late that devel­op­ment pro­pos­als should be of appro­pri­ate scale for the loc­a­tion; have an accept­able impact on the char­ac­ter and amen­ity of the area; and loc­ated to best chan­nel foot­fall and activ­ity to bene­fit the place as a whole.

2. Bru­ar and Pit­agow­an are small com­munit­ies which lie four miles to the north of Blair Atholl and are classed as rur­al set­tle­ments. They rely on tour­ism and the House of Bru­ar to sup­port their com­munity. The Set­tle­ment Object­ives for the two com­munit­ies with­in the Loc­al Devel­op­ment Plan 2021, include sup­port for the stra­tegic­ally import­ant devel­op­ment at the House of Bru­ar and ensure it bene­fits the loc­al community.

3. 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 was sub­mit­ted in 2019 to accom­pany the ori­gin­al applic­a­tion to address the retail policy implic­a­tions. The doc­u­ment 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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

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.

1. 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 is no altern­at­ive, suit­able site 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 2021 and Policies28 and 29 of NPF4.

Land­scape Impacts, Design, Scale and Materials

1. Policy 14: Design, Qual­ity and Place of NPF4 requires devel­op­ment pro­pos­als to improve the qual­ity of an area and meet the six qual­it­ies of suc­cess­ful places. 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: Design and Place­mak­ing, which seeks to ensure that all new devel­op­ment is sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the sur­round­ing areas, loc­al ver­nacu­lar, and loc­al dis­tinct­ive­ness. 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

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

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.

1. 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 foot­print of the pro­posed build­ing to an altern­at­ive pos­i­tion adja­cent to the new build­ing. To accord with Policy 3: Biod­iversity of NPF4, a Biod­iversity state­ment is recom­men­ded by con­di­tion which demon­strates how the pro­pos­al will con­serve, restore, and enhance biod­iversity, includ­ing nature networks.

2. 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 2021.

Access and Servicing

1. Policy 3: Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 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 wastewa­ter 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 or drain­age mat­ters. The sur­face water drain­age pro­vi­sion is, there­fore, con­sidered to be acceptable.

3. Policy 3: Design and Place­mak­ing, under cri­terion 1(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 pre­vi­ous noise restrict­ive con­di­tion on the ori­gin­al per­mis­sion is pro­posed to be car­ried for­ward to this applic­a­tion 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 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 is

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

accept­able in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. The pro­pos­al will util­ise the exist­ing waste man­age­ment, stor­age, and col­lec­tion facil­it­ies on site for refuse and recyc­ling, which is deemed suf­fi­cient by the Perth and Kinross Com­mer­cial Waste Team.

2. Policy 3: Design and Place­mak­ing 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 Team recom­mends the inclu­sion of plan­ning con­di­tions to include a con­struc­tion traffic man­age­ment plan and the pri­or agree­ment of details for the install­a­tion of a 12-cycle stor­age facility.

3. Sub­ject to the inclu­sion of the recom­men­ded plan­ning con­di­tions, the pro­pos­al is con­sidered to accord with Policy 3: Design and Place­mak­ing and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Impact on the His­tor­ic Environment

1. Policy 7: His­tor­ic assets and places of NPF4 pro­tects the his­tor­ic built envir­on­ment. Of rel­ev­ance to the applic­a­tion is that devel­op­ment pro­pos­als affect­ing the set­ting of a lis­ted build­ing should pre­serve its char­ac­ter, and its spe­cial archi­tec­tur­al or his­tor­ic interest. Devel­op­ment pro­pos­als affect­ing nation­ally import­ant Gar­dens and Designed Land­scapes will be sup­por­ted where they pro­tect, pre­serve, or enhance their cul­tur­al sig­ni­fic­ance, char­ac­ter, and integ­rity and where pro­pos­als will not sig­ni­fic­antly impact on import­ant views to, from and with­in the site, or its set­ting. Policy 9: Cul­tur­al Her­it­age of the adop­ted Loc­al Plan stip­u­lates the same require­ments for developments.

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. The applic­a­tion site is enclosed with­in a developed area and there­fore would not have any dir­ect or indir­ect effects on the set­ting of these lis­ted struc­tures and Designed Land­scape. 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.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

1. 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 2021 and Policy 7 of NPF4.

Impact on the Nat­ur­al Environment

1. Policy 3: Biod­iversity of NPF4 requires devel­op­ment pro­pos­als to con­trib­ute to the enhance­ment of biod­iversity, includ­ing restor­ing degrad­ing hab­it­ats. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 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 HRA (attached at Appendix 2) con­cludes that due to the dis­tance 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 proposal’s prox­im­ity to Bru­ar Water.

3. Regard­ing pro­tec­ted spe­cies, the pro­posed site is with­in an area of hard­stand­ing with min­im­al veget­a­tion offer­ing lim­ited poten­tial for sup­port­ing pro­tec­ted spe­cies or breed­ing birds and the car park is gen­er­ally very busy dur­ing the breed­ing sea­son. The CNPA Eco­logy Officer con­firms that the pro­pos­al will there­fore have no adverse impact on pro­tec­ted spe­cies. Biod­iversity enhance­ment, as pre­vi­ously men­tioned is to be dealt with by condition.

4. Sub­ject to the recom­men­ded plan­ning con­di­tions relat­ing to pol­lu­tion pre­ven­tion and biod­iversity enhance­ment, the pro­pos­al is con­sidered to com­ply with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and Policy 3 of NPF4.

Impact upon Res­id­en­tial Amenity

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to pro­tect the amen­ity enjoyed by neigh­bours. In this regard, it is con­sidered that the devel­op­ment is suf­fi­ciently dis­tant from

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

any oth­er prop­er­ties to ensure ready com­pli­ance with the require­ments of Policy 3: Design and Place­mak­ing of the adop­ted Loc­al Devel­op­ment 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 by the intro­duc­tion of this development.

Developer Con­tri­bu­tions

1. Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 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 con­firms that no developer con­tri­bu­tions are required from this devel­op­ment. The devel­op­ment there­fore com­plies with the require­ments of Policy 11: Developer Con­tri­bu­tions of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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 have provided no com­ments on the scheme and no let­ters of pub­lic rep­res­ent­a­tion have been received.

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 accept­able sub­ject to the inclu­sion of the noise restric­tion plan­ning con­di­tion and the pro­pos­al does not give rise to any adverse envir­on­ment­al impacts.

3. In these over­all cir­cum­stances the devel­op­ment is con­sidered to com­ply with all rel­ev­ant policies of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021, NPF4 and the col­lect­ive aims of the Nation­al Park. There are no oth­er mater­i­al con­sid­er­a­tions which would war­rant the refus­al of planning

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

per­mis­sion. Approv­al is there­fore recom­men­ded sub­ject to appro­pri­ate plan­ning conditions.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Renew­al of per­mis­sion 19/02111/FLL (Erec­tion of art gal­lery build­ing, recon­fig­ure car park, install­a­tion of 4 air source heat pumps, land­scap­ing and asso­ci­ated works). at House Of Bru­ar B8079 From The Junc­tion Of The A9t At Bru­ar To The Access Road Lead­ing To Wood­house­lee Pit­agow­an Blair Atholl Pit­lo­chry Perth And Kinross 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 2021 and Policy 3 of NPF4.

1. No devel­op­ment shall com­mence on site, until a Con­struc­tion Traffic Man­age­ment Plan has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity, in con­sulta­tion with the Roads Author­ity (Struc­tures). The Plan shall include but not be lim­ited to: a) Restric­tion of con­struc­tion traffic to approved routes and the meas­ures to be put in place to avoid oth­er routes being used;

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

b) Tim­ing of con­struc­tion traffic to min­im­ise impact on loc­al com­munit­ies par­tic­u­larly at school start and fin­ish­ing times, on days when refuse col­lec­tion is under­taken, on Sundays and dur­ing loc­al events; c) A code of con­duct for HGV drivers to allow for queueing traffic to pass; d) Arrange­ments for liais­on with the Roads Author­ity regard­ing winter main­ten­ance; e) Emer­gency arrange­ments detail­ing com­mu­nic­a­tion and con­tin­gency arrange­ments in the event of vehicle break­down; f) Arrange­ments for the clean­ing of wheels and chassis of vehicles to pre­vent mater­i­al from con­struc­tion sites asso­ci­ated with the devel­op­ment being depos­ited on the road; g) Arrange­ments for clean­ing of roads affected by mater­i­al depos­ited from con­struc­tion sites asso­ci­ated with the devel­op­ment; h) Arrange­ments for sig­nage at site accesses and cros­sov­ers and on roads to be used by con­struc­tion traffic to provide safe access for ped­es­tri­ans, cyc­lists and eques­tri­ans; i) Arrange­ment for the ser­vice buses to access the bus stop with­in the site and if this is not pos­sible, the pro­posed tem­por­ary bus stop loc­a­tion with a suit­able turn­ing facil­ity for ser­vice buses; j) Details of inform­a­tion signs to inform oth­er road users of con­struc­tion traffic; k) Arrange­ments to ensure that access for emer­gency ser­vice vehicles are not impeded; l) Traffic arrange­ments in the imme­di­ate vicin­ity of tem­por­ary con­struc­tion com­pound; m) Mon­it­or­ing, report­ing and imple­ment­a­tion arrange­ments; n) Arrange­ments for deal­ing with non-com­pli­ance; and o) Details of HGV move­ments to and from the site. The con­struc­tion of the devel­op­ment shall there­after be imple­men­ted in accord­ance with the approved plan.

Reas­on: In the interest of site man­age­ment and road safety dur­ing the con­struc­tion works as required by the Road’s Authority.

1. No devel­op­ment shall com­mence on site, until a detailed design for the secure covered cycle park­ing facil­ity for a min­im­um of 12 cycles has been sub­mit­ted to and agreed in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity, in con­sulta­tion with the Roads Author­ity. The cycle park­ing shall there­after be imple­men­ted in accord­ance with the approved details pri­or the devel­op­ment being brought into first use.

Reas­on: To encour­age act­ive travel and meet advice with­in Nation­al Plan­ning Frame­work 4 on transport.

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 09/06/2023

1. No devel­op­ment shall com­mence on site, until a revised land­scap­ing scheme togeth­er with a Biod­iversity State­ment has been sub­mit­ted to and agreed in writ­ing by the Cairngorms Nation­al Park Author­ity, act­ing as Plan­ning Author­ity. The doc­u­ments should demon­strate how the proposal