Item7AAKincraigHousing20200111DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Phase I — 40 unit hous­ing devel­op­ment at Land 160M South Of Bal­dow Cot­tage Alvie Estate Kincraig

REF­ER­ENCE: 2020/0111/DET

APPLIC­ANT: Cairngorm Res­id­en­tial LLP

DATE CALLED-IN: 27 April 2020

RECOM­MEND­A­TION: Approve sub­ject to con­di­tions and developer contribution

CASE OFFICER: Stephanie Wade, Plan­ning Officer

CNPA Plan­ning Com­mit­tee Applic­a­tion Site

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The site com­prises 5.75 hec­tares of improved grass­land, loc­ated with­in the set­tle­ment bound­ary of Kin­craig. The site is of undu­lat­ing topo­graphy, loc­ated on the south­ern side of the B9152, with­in the north­ern edge of the vil­lage. The site is bound to the south-east by the rail­way line and embank­ment and bound to the north-east by plant­a­tion wood­land. To the south-west, the site is bound by res­id­en­tial cul-de-sac of Mac­bean road. On the oppos­ite side of the B9152, are a mix­ture of com­mer­cial and res­id­en­tial units, includ­ing a car repair work­shop and Alvie Primary School. The site is cur­rently served by an agri­cul­tur­al access off of the B9152. With­in the south-east­ern corner of the site is a wooded knoll.

2. The site is not covered by any spe­cif­ic envir­on­ment­al des­ig­na­tions, although it is in the catch­ment of Leau­lt burn – a small trib­u­tary of the River Spey- which is part of the River Spey Spe­cial Area of Con­ser­va­tion (SAC) (qual­i­fy­ing interests are otter, Atlantic sal­mon, sea lamprey and fresh­wa­ter pearl mus­sels). Also of rel­ev­ance in the wider area are the Aber­nethy Forest Spe­cial Pro­tec­tion Area (SPA), Anagach Woods SPA, Cairngorms SPA, Craigmore Wood SPA and Kin­veachy Forest SPA where rel­ev­ant qual­i­fy­ing interests relate to Capercaillie.

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​l​i​n​e​-​a​p​p​l​i​c​a​t​i​o​n​s​/​a​p​p​l​i​c​a​t​i​o​n​D​e​t​a​i​l​s​.​d​o​?​a​c​t​i​v​e​T​a​b​=​s​u​m​m​a​r​y​&​k​e​y​V​a​l​=​Q​9​8​J​K​U​S​I​0CH00

Title	Draw­ing Num­ber	Date on Plan*	Date Received
PLANS
Loc­a­tion Plan	PL90 101	17 Septem­ber 2019	27 April 2020
Site Loc­a­tion Plan	001 Rev. C	15 April 2020	27 April 2020
Site Plan	PL90-101	06 July 2020	20 July 2020
Land­scape Pro­pos­als Phase 1-	CR 101.20	10 July 2020	20 July 2020
Over­all Plan	SL-01 Rev. Β
Gen­er­al Arrange­ment Sections	1930-PL00-	15 April 2020	27 April 2020
	200
Road Design Layout	010 Rev. H	17 July 2020	20 July 2020
Road Chain­ages and Contours	011 Rev. F	17 July 2020	20 July 2020
Lay­out
Road Design Profiles	012 Rev. C	17 July 2020	20 July 2020
Swept Path- Refuse Truck	013 Rev. F	17 July 2020	20 July 2020

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

Adopt­able Sur­faces Lay­out	014 Rev. F	17 July 2020	20 July 2020
Vis­ib­il­ity Splays Layout	015 Rev. H	17 July 2020	20 July 2020
Road Details	016 Rev. C	16 July 2020	20 July 2020
Drain­age Layout	017 Rev. F	17 July 2020	20 July 2020
Drain­age Details (1 of 2)	018 Rev. C	15 April 2020	20 July 2020
Drain­age Details (2 of 2)	019 Rev. D	17 July 2020	20 July 2020
Swept Path- Scot­tish Water	020 Rev. F	17 July 2020	20 July 2020
Tanker
Exist­ing Site Levels and Overland	021 Rev. B	15 April 2020	20 July 2020
Flow Routes
Pro­posed B9152 Buil­dout and	022 Rev. A	17 July 2020	20 July 2020
Cross­ing Point
2B4P Afford­able Semi Proposed	BTI_00_100	25 Septem­ber	27 April 2020
Flood Plans		2019
2B4P Flats Pro­posed Floor Plans	BT3_00_100	21 Septem­ber	27 April 2020
		2017
2B4P Semi Pro­posed Floor Plans	BT4_00_100	21 Septem­ber	27 April 2020
		2017
Gen­er­al Arrange­ment 3B5P	BT2_00_100	11 Septem­ber	27 April 2020
Afford­able Semi		2019
3B5P Semi Pro­posed Floor Plans	BT5_00_100	21 Septem­ber	27 April 2020
		2017
4B8P Detached- North Facing	BT6_00_100	21 Septem­ber	27 April 2020
Pro­posed Floor Plans		2017
4B8P Detached- South Facing	BT6_00_100	21 Septem­ber	27 April 2020
Pro­posed Floor Plans		2017
5B10P Detached- South Facing	BT7_00_100	21 Septem­ber	27 April 2020
Pro­posed Floor Plans		2017
5B10P Detached- North Facing	BT7_00_100	21 Septem­ber	27 April 2020
Pro­posed Floor Plans		2017
SUP­PORT­ING DOCUMENTS
Design and Access Statement	1930		21 July 2020
Drain­age Impact Assessment	C3539 Rev.	20 July 2020	21 July 2020
	D
Trans­port Assessment	20017 Issue	22 July 2020	27 July 2020
	05
Pro­tec­ted Ter­restri­al Mammal		01 May 2020	01 June 2020
Sur­vey Report
Pre-app Con­sulta­tion Report				27 April 2020
Flood Risk Assessment	8193 V2	17 August 2018	30 June 2020
*Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1st of the month.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

1. The applic­a­tion seeks plan­ning per­mis­sion for the erec­tion of 40 dwell­ing houses with asso­ci­ated access, drain­age, ser­vice and land­scap­ing works. The devel­op­ment includes a range of hous­ing types includ­ing: flats, semi-detached houses and detached houses. A total of 10 of the 40 units are pro­posed to be afford­able dwell­ings. The open mar­ket hous­ing accom­mod­a­tion sched­ule is as follows:

Num­ber of units	Num­ber of storeys	Accom­mod­a­tion Type	Num­ber of bedrooms
9	2	Detached	5
9	2	Detached	4
6	2	Semi-detached	3
2	2	Semi-detached	2
4	2	Flat­ted block	2

1. The afford­able hous­ing accom­mod­a­tion sched­ule is as follows:

Num­ber of units	Num­ber of storeys	Accom­mod­a­tion Type	Num­ber of bedrooms
4	2	Semi-detached	2
6	2	Semi-detached	3

1. All dwell­ings have been designed with dual pitched roofs and vari­ations in ridge heights, ori­ent­a­tions and eaves heights to help cre­ate visu­al interest with­in the site, and to break up the mass of the struc­tures. Pro­posed fin­ishes are white rough­cast walls with sec­tions of tim­ber effect clad­ding, and a mix of grey roof tiles and grey stand­ing seam met­al for the roof cov­er­ings. The open mar­ket units are pro­posed to be heated by air source heat pumps and would have alu-clad win­dows. The afford­able units are pro­posed to be heated by quantum elec­tric heat­ing with dMEV vent­il­a­tion and UPVC fen­es­tra­tion. The Design and Access State­ment which accom­pan­ies the applic­a­tion con­firms that ​“the simple palette of mater­i­als are dur­able and low main­ten­ance choices for the build­ings’ uses. Dec­or­at­ive cemen­ti­tious clad­ding boards give the tex­ture, warmth and human scale of tim­ber without the ongo­ing main­ten­ance cost.”

2. Access to the site is pro­posed via a new junc­tion off the B9152 to replace the exist­ing agri­cul­tur­al access from the road, which will include vis­ib­il­ity splays of 4.5m x 90m. The intern­al road lay­out pro­poses a looped spine road with a cul-de-sac which includes foot­ways on the side of the road and traffic calm­ing meas­ures, to include: raised humps and corners, and a mix of sur­face mater­i­als. The exist­ing foot­way along the B9152, which adjoins the north-west­ern site bound­ary is pro­posed to be widened and lit to enhance ped­es­tri­an access to the school with an enhanced road cross­ing to be installed. Regard­ing the intern­al site lay­out, it is under­stood from the applic­a­tion details, that the devel­op­ment has been designed to pri­or­it­ise act­ive travel with pri­or­ity giv­en to ped­es­tri­ans and cyc­lists through the use of shared spaces, raised plat­forms and the integ­ra­tion of paths through­out the site to allow act­ive travel con­nec­tions to the vil­lage and wider area. All dwell­ings are served with drive­way park­ing for vehicles and 12 addi­tion­al vis­it­or park­ing spaces are included around the site.

3. The devel­op­ment is pro­posed to be ser­viced by the install­a­tion of a new foul drain­age sys­tem with­in the site con­nect­ing to the Scot­tish Water foul sew­er net­work serving

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

1. the neigh­bour­ing devel­op­ment. Sur­face water run­off from the hous­ing and drive­ways, and the adopt­able roads, are pro­posed to be dir­ec­ted through sur­face water sew­ers into the pro­posed deten­tion basin. A fil­ter drain is also pro­posed to be installed to aid the drain­age of the main site access pri­or to the water enter­ing into the sur­face water sew­er and ulti­mately the deten­tion basin. Regard­ing main­ten­ance of these sys­tems it is pro­posed that the sur­face water sew­ers, the foul sew­ers, road gul­lies, and deten­tion basin are all adop­ted and main­tained by either Scot­tish Water or High­land Coun­cil. Indi­vidu­al plot drain­age is pro­posed to be main­tained by the home own­er and the filer drain would be main­tained by a private factor. Refuse col­lec­tion will be under­taken by the vehicle using the intern­al road loop to serve most of the prop­er­ties with a com­mun­al col­lec­tion area to serve the afford­able dwell­ings and the flat­ted block on the main loop road.

Each dwell­ing is pro­posed with its own private garden area and the pro­posed flat­ted block provides enclosed amen­ity space for the occu­pi­ers of the 4 flats. A play­park is pro­posed adja­cent to the afford­able hous­ing with­in the north west­ern corner of the site. A bridge and foot­path link are pro­posed to the south-west­ern site bound­ary to link the site to the hous­ing at Mac­bean Road to increase site per­meab­il­ity. A south­ern path is also pro­posed with­in the site to link to the exist­ing wooded knoll in the south-east­ern corner of the site. The west­ern and south­ern areas of the site at present are pro­posed as open space of grassed areas. In com­mun­al areas with­in the hous­ing, nat­ive spe­cies shrub plant­ing and tree plant­ing are pro­posed. The front gar­dens with­in the hous­ing areas are pro­posed with beech hedging and stand­ard tree plant­ing to break up the scale of the hous­ing. Mixed spe­cies hedges are pro­posed where house plots adjoin open space areas and the pro­posed deten­tion basin will be sown with a wet mead­ow mix to devel­op a spe­cies rich long grass areas. Nat­ive spe­cies of Alder, Wil­low and Aspen trees are pro­posed to be planted around the SUDs basin area. Along the B9152 front­age, the exist­ing mixed spe­cies hedge is pro­posed to be retained and clusters of trees will be planted between house plots along the site bound­ary to con­tin­ue the wooded char­ac­ter to the site edge whilst allow­ing dis­tant views through the site to the wider land­scape to the south. The areas sur­round­ing the trees will be seeded with a grass/​wildflower mix. The pro­pos­al includes a mix of bound­ary treat­ments com­pris­ing hedging and tim­ber fencing.

1. The applic­a­tion is sup­por­ted by the fol­low­ing information:

a) Design and Access State­ment b) Drain­age Impact Assess­ment c) Trans­port State­ment d) Pre-applic­a­tion con­sulta­tion report e) Pro­tec­ted Ter­restri­al Mam­mal Sur­vey Report f) Flood Risk Assessment

1. Dur­ing the pro­gres­sion of the applic­a­tion and in response to the com­ments from the ori­gin­al con­sulta­tion, revi­sions were made to the ori­ent­a­tion of the dwell­ings along the north-west­ern front­age togeth­er with adjust­ments to the pro­posed road and foot­way net­work includ­ing the vis­ib­il­ity splays.

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

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

His­tory

1. A pro­pos­al of applic­a­tion notice applic­a­tion was sub­mit­ted under High­land Coun­cil ref: 20/00175/PAN in Janu­ary 2020 for the pro­posed devel­op­ment which is now the sub­ject of this applic­a­tion. This provided details of when notice was served on the Com­munity Coun­cil regard­ing the pro­pos­al, and included details of the pub­lic con­sulta­tion event and news­pa­per advert­ise­ment. There are no oth­er plan­ning applic­a­tions which relate to the site.

Hab­it­ats Reg­u­la­tions Apprais­al (HRA)

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

2. Regard­ing the rel­ev­ant SPA’s and their qual­i­fy­ing interest of caper­cail­lie, the HRA con­cludes that there is not con­sidered to be sig­ni­fic­ant dis­turb­ance to caper­cail­lie over and above the exist­ing levels and as such this con­ser­va­tion object­ive of the rel­ev­ant SPAs is met. The fol­low­ing qual­i­fy­ing interests have Likely Sig­ni­fic­ant Effects which res­ult in con­ser­va­tion object­ives not being met and as such the pos­sib­il­ity of an adverse effect on site integrity;

a) Insh Marshes SAC: Otter (dis­turb­ance dur­ing con­struc­tion); b) River Spey SAC: Otter, Atlantic sal­mon, sea lamprey, fresh water pearl mus­sel (pol­lu­tion from waste water silta­tion and run-off dur­ing con­struc­tion, sur­face water run-off dur­ing oper­a­tion and water abstraction).

1. The HRA requests that it is demon­strated that there is both suf­fi­cient capa­city at the loc­al waste water treat­ment works and the abil­ity to remove pol­lut­ants to the required level to ensure that recom­men­ded water qual­ity stand­ard for fresh­wa­ter pearl mus­sel are maintained.

2. The apprais­al requires the inclu­sion of the fol­low­ing plan­ning con­di­tions on any sub­sequent decision notice: pre-con­struc­tion sur­vey for otter, the sub­mis­sion of a con­struc­tion meth­od state­ment, the imple­ment­a­tion of a sus­tain­able urb­an drain­age scheme.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy	Scot­tish Plan­ning Policy 2014
Stra­tegic Policy	Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022
Loc­al Plan Policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015)
	Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross
POLICY I	NEW HOUS­ING DEVELOPMENT	X
POLICY 2	SUP­PORT­ING ECO­NOM­IC GROWTH
POLICY 3	SUS­TAIN­ABLE DESIGN	X

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

POLICY 4	NAT­UR­AL HER­IT­AGE	X
POLICY 5	LAND­SCAPE	X
POLICY 6	THE SIT­ING AND DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIPMENT
POLICY 7	RENEW­ABLE ENERGY
POLICY 8	SPORT AND RECREATION
POLICY 9	CUL­TUR­AL HERITAGE
POLICY 10	RESOURCES	X
POLICY 11	DEVELOPER CON­TRI­BU­TIONS	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:

http://​cairngorms​.co​.uk/​u​p​l​o​a​d​s​/​d​o​c​u​m​e​n​t​s​/Park Authority/Planning/LDP15.pdf

1. The site is des­ig­nated in the Kin­craig set­tle­ment state­ment of the Cairngorms Loc­al Devel­op­ment Plan 2015 for hous­ing devel­op­ment under the des­ig­na­tion HI- Oppos­ite School where it is stated as follows:

a) ​‘This 5.7Ha site will con­sol­id­ate the hous­ing in Kin­craig around the school. It would be suit­able for around 40 dwell­ings, 25 of which are con­sidered effect­ive for this Plan peri­od. Devel­op­ment of the site will have to incor­por­ate the wet­land area towards the south of the site into a Sus­tain­able Urb­an Drain­age Scheme (SUDS). A small water­course runs along the site bound­ary which is cul­ver­ted under a nearby road. The topo­graphy is very low and flat so it may be sus­cept­ible to flood­ing. A FRA may be required to sup­port devel­op­ment proposals.’

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

1. Also of rel­ev­ant is the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 Devel­op­ment Brief for Kin­craig HI site, which is non stat­utory plan­ning guid­ance provid­ing a detailed devel­op­ment brief for the HI site. Details with­in this doc­u­ment include sug­ges­tions on: site con­straints and oppor­tun­it­ies and devel­op­ment requirements.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2020

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

CON­SULTA­TIONS

Sum­mary of the main issues raised by Consultees

1. Scot­tish Nat­ur­al Her­it­age (SNH) sup­ports the HRA pro­duced by CNPA and has no fur­ther com­ments to make.

2. High­land Coun­cil Trans­port Plan­ning Team ini­tially objec­ted to the applic­a­tion as ori­gin­ally sub­mit­ted with the fol­low­ing comments:

a) Access: The Team seeks suf­fi­cient inform­a­tion to be provided to demon­strate that the new junc­tion is sited no less than 100m from anoth­er pub­lic side road junc­tion and 25m from a private access. The road speed has been con­firmed at 30mph in the vicin­ity of the devel­op­ment how­ever the sub­mit­ted Trans­port State­ment sug­ges­ted that the exist­ing B9152 is covered by a 40mph speed lim­it. The pro­posed vis­ib­il­ity splays of 4.5 metre by 120 metres have not been achieved as exist­ing fen­cing and veget­a­tion are obstruct­ing indi­vis­ib­il­ity to the west. The Trans­port Plan­ning Team there­fore object to this devel­op­ment on this basis. b) Intern­al Lay­out: The intern­al lay­out is a looped spine road with a cul-de-sac that may be exten­ded if the wider site is developed in the future. The Team con­sider that the pro­posed lay­out doesn’t deliv­er a safe envir­on­ment for all users because ped­es­tri­ans, cyc­lists and motor vehicles are all hav­ing to share the 5.5 metre wide space. The Team there­fore seek that the pro­posed 2 metre wide verges are replaced with 2 metre wide foot­ways, or an altern­at­ive road lay­out is pro­moted. The Team also seeks the replace­ment of the pro­pose square type junc­tions with­in the devel­op­ment with an altern­at­ive junc­tion design as ped­es­tri­ans using square type junc­tions have a wider traf­ficked space to across. Altern­at­ive traffic calm­ing meas­ures are recom­men­ded to be sub­mit­ted, which could be secured through a con­di­tion. A con­di­tion is also recom­men­ded for the pro­vi­sion of a 3 metre wide lit shared use link from Mac­bean Road to the pro­posed play park. Based on the unac­cept­able traffic calm­ing pro­pos­als, the Team do not sup­port the intern­al road lay­out and object on this basis. c) Park­ing: The 40 dwell­ings each have drive­ways that appear to have pro­vi­sion for 2 vehicles although the Team seek inform­a­tion to demon­strate that the drive­way lay­outs are com­par­able in size and lay­out to accom­mod­ate 2 vehicles. The vis­it­or park­ing pro­vi­sion is 12 spaces and fur­ther inform­a­tion is sought to demon­strate that 12 spaces can be accom­mod­ated with­in the layout.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

d) Safer Routes to School: The Trans­port Plan­ning Team are seek­ing the devel­op­ment to deliv­er: a widened foot­way to 3 metres to the B9152 with light­ing from the con­nec­tion with the act­ive travel route from Mac­bean Road through to the access into the school; and the pro­vi­sion of an enhance crossing/​link facil­ity at the school access road where it joins the B9152. Both of these are recom­men­ded to be secured through plan­ning con­di­tions. e) Waste Col­lec­tion: The waste col­lec­tion pro­pos­als should accord with the Council’s ​‘Man­aging Waste in New Devel­op­ments’ Sup­ple­ment­ary Guidelines doc­u­ment. f) Flood­ing and Drain­age: The Team request a con­di­tion requir­ing a 6m buf­fer, meas­ured from the top of the bank to the water­course, should be kept free from all devel­op­ment. They recom­mend that the SUDs design pol­lu­tion haz­ard level should be medi­um because to sup­port future increased traffic move­ments the cur­rently pro­posed basin will not be adequate to provide suf­fi­cient water treat­ment. Design cal­cu­la­tions and a flood rout­ing plan to sup­port the pro­posed sur­face water drain­age pipe net­work have not been sub­mit­ted for con­sid­er­a­tion and are still required. A con­di­tion is recom­men­ded for the approv­al of the final detailed drain­age design. g) Pub­lic Trans­port: To enhance the con­nec­tions from the site to the bus ser­vices using the B9152, the Trans­port Plan­ning Team require new bus stops with suit­ably designed shel­ters, flag and bus box at an appro­pri­ate point along the front­age of this site. The Team recom­mend that the bus stops are secured through con­di­tion. h) Con­struc­tion Traffic Man­age­ment Plan: To under­stand the impact on the pub­lic road net­work dur­ing this development’s con­struc­tion phase, the Team require a Con­struc­tion Traffic Man­age­ment Plan to be sub­mit­ted for con­sid­er­a­tion. This can be secured through a con­di­tion. i) Traffic Reg­u­la­tion Order: A 20mph speed limit/​home zone traffic reg­u­la­tion order and asso­ci­ated sig­nage will be required to be delivered and fun­ded by the pro­moter of this scheme.

1. Fol­low­ing the sub­mis­sion of revised inform­a­tion, the Team had the fol­low­ing comments:

a) Access: The Team note the devel­op­ment includ­ing its vis­ib­il­ity reflect the 30mph speed lim­it of the road. How­ever, they main­tain an objec­tion to the pro­posed access as it has not been demon­strated that the access is no less than 100m from anoth­er pub­lic side road junc­tion and 25m from a private access. b) Intern­al lay­out: The Team remove their objec­tion to the intern­al lay­out and wel­come the revised street lay­out com­pris­ing 5.5 metre wide roads with 2 metre wide foot­ways. The altern­at­ive traffic calm­ing pro­pos­als sub­mit­ted which include raised humps and corners appear accept­able, although these would be sub­ject to agree­ment with­in a Roads Con­struc­tion Con­sent. The Team request the inclu­sion of a con­di­tion to ensure that a 3 metre wide lit shared use link is provided from Mac­bean Road dir­ectly to the pro­posed play park. c) Park­ing: The Team note that park­ing accords with their guidelines. d) Safer Routes to School: The Team wish to thank the developer for incor­por­at­ing the amended act­ive travel pro­pos­als with­in the devel­op­ment which includes: widen­ing of the B9152 foot­way to 3 metre and that it is lit; and the pro­vi­sion of an enhanced road cross­ing oppos­ite the school. The Team request both of these are included as conditions.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

e) Waste col­lec­tion: The pro­pos­al should accord with the ​“Man­aging Waste in New Devel­op­ments” guid­ance. f) Flood­ing and Drain­age: The Team request that the 6m buf­fer from the water­course is included as a plan­ning con­di­tions. The pro­posed com­bined roads/​curtilage sur­face water drain­age sys­tem is accept­able in prin­cip­al but request a con­di­tion is attached that the final detailed drain­age design is sub­mit­ted for review and approv­al. g) Pub­lic trans­port: The Team seek new bus stops with suit­ably designed shel­ter, flag and bus box along the front­age of the site. The Team request this is either secured through a con­di­tion or by way of a fin­an­cial con­tri­bu­tion towards act­ive travel. h) Con­struc­tion Traffic Man­age­ment Plan: The Team request a Con­struc­tion Traffic Man­age­ment Plan is secured by con­di­tion to under­stand the impact on the pub­lic road net­work dur­ing the con­struc­tion phase. i) Traffic Reg­u­la­tion Order: A 20mph speed lim­it traffic reg­u­la­tion order and asso­ci­ated sig­nage will be required to be delivered by the pro­moter of the scheme.

1. High­land Coun­cil Flood Risk Man­age­ment Team ori­gin­ally objec­ted to the pro­pos­al request­ing the sub­mis­sion of fur­ther inform­a­tion. Fol­low­ing the sub­mis­sion of the revised drain­age impact assess­ment and the flood risk assess­ment, the Team con­firm the remov­al of their ori­gin­al objec­tion and have the fol­low­ing comments:

a) Flood­ing: The FRA appears to make sat­is­fact­ory con­clu­sions and the Team request the inclu­sion of a plan­ning con­di­tion to ensure that in order to main­tain a low risk of flood­ing and before any con­struc­tion, the applic­ant should sub­mit sat­is­fact­ory cul­vert inspec­tion and cul­vert clear­ance pro­ced­ures. b) Drain­age: The DIA demon­strates a M30 green­field run­off rate of 18.391/s inclus­ive of 40l/​s cli­mate change which is wel­comed. The FRM Team recom­mends a plan­ning con­di­tion requir­ing the sub­mis­sion and agree­ment of a final­ised drain­age impact assess­ment pri­or to con­struc­tion to include full net­work sim­u­la­tions. c) Ripari­an Buf­fer: The Team also request the inclu­sion of a con­di­tion for the 6m ripari­an buf­fer zone adja­cent to the Bal­dow Smiddy Burn.

1. High­land Coun­cil Con­tam­in­ated Land Officer has no objec­tions to the pro­pos­al not­ing that there are no known poten­tial con­tam­in­ated land issues at this site.

2. High­land Coun­cil Envir­on­ment­al Health has no objec­tions to the pro­posed devel­op­ment sub­ject to the inclu­sion of post determ­in­a­tion con­di­tions relat­ing to the sub­mis­sion of a con­struc­tion noise mit­ig­a­tion scheme, a dust mit­ig­a­tion scheme and a noise impact assess­ment. The Officer requests these con­di­tions as the pro­posed devel­op­ment is in close prox­im­ity to exist­ing res­id­en­tial prop­er­ties and there is poten­tial for dis­turb­ance dur­ing the con­struc­tion phase due to noise or dust unless appro­pri­ate mit­ig­a­tion meas­ures are in place.

3. High­land Coun­cil Forestry was con­sul­ted but has not provided any comments.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

1. CNPA Eco­logy Officer has reviewed the ori­gin­al sub­mis­sion details and notes that fur­ther inform­a­tion is required in terms of a mam­mal sur­vey and modi­fic­a­tions are required to the land­scap­ing and SUDs pro­pos­als so that the devel­op­ment can fully integ­rate fea­tures of the site and provide suf­fi­cient biod­iversity gain as stated in the site’s devel­op­ment brief.

2. Fol­low­ing the sub­mis­sion of addi­tion­al inform­a­tion, the Officer sup­ports the recom­mend­a­tions made in the Pro­tec­ted Mam­mal sur­vey report and wel­comes the amend­ments to the land­scape plan. The Officer is dis­ap­poin­ted that the SUDS scheme remains sep­ar­ate from the exist­ing spring and water­logged area. The Officer also noted that no changes are pro­posed to incor­por­ate the ​“next phase” open areas into the land­scap­ing to provide a lar­ger biod­iversity gain.

3. The Officer requests that post determ­in­a­tion con­di­tions are included to request a land­scape man­age­ment plan and the inclu­sion of bat and bird boxes to be installed with­in the site.

4. CNPA Land­scape Officer notes that the pro­posed devel­op­ment site has land­scape capa­city for new houses, reflec­ted by its alloc­a­tion with­in the Loc­al Devel­op­ment Plan. The Officer con­siders that whilst the cur­rent applic­a­tion shows some effort to devel­op a good pro­pos­al which responds to site loc­a­tion, includ­ing the revised ori­ent­a­tion of the pro­posed houses along the B9152, and avoid­ance of dis­turb­ance to the knoll in the south-east­ern corner, it falls short of being a scheme which pos­it­ively con­trib­utes to the land­scape char­ac­ter and spe­cial land­scape qual­it­ies of the park. The Officer recom­mends a num­ber of post determ­in­a­tion plan­ning con­di­tions to agree the final land­scape details, main­ten­ance, tree pro­tec­tion details and con­struc­tion meth­od details.

5. CNPA Out­door Access Officer ori­gin­ally reques­ted the sub­mis­sion of addi­tion­al inform­a­tion includ­ing private foot­way spe­cific­a­tions and main­ten­ance details.

6. Scot­tish Water has no objec­tion to the pro­pos­al how­ever wishes to make the applic­ant aware that this does not con­firm that the pro­posed devel­op­ment can cur­rently be ser­viced. Scot­tish Water has car­ried out a capa­city review and con­firm that the devel­op­ment would be fed from Aviemore Water Treat­ment Works and the applic­ant would be required to com­plete a Pre-Devel­op­ment Enquiry Form with Scot­tish Water. Regard­ing waste water, Scot­tish Water con­firm that there is cur­rently suf­fi­cient capa­city for a foul only con­nec­tion in the Kin­craig Waste Water Treat­ment works to ser­vice the devel­op­ment. Regard­ing sur­face water, Scot­tish Water con­firm that they will not accept any sur­face water con­nec­tions into their com­bined sew­er system.

7. Net­work Rail has no objec­tions to the pro­pos­al sub­ject to the inclu­sion of a plan­ning con­di­tion requir­ing a tres­pass proof fence of at least 1.8 metres in height adja­cent to the Net­work Rail’s bound­ary togeth­er with its future main­ten­ance in the interests of pub­lic safety.

8. Kin­craig Com­munity Coun­cil objects to the applic­a­tion not­ing that the vil­lage does not have the infra­struc­ture to cope with the

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

pro­pos­al. They raise con­cern regard­ing the high pro­por­tion of hol­i­day homes with­in the area and con­sider that this devel­op­ment would exacer­bate that and would only provide 20% afford­able hous­ing. As noted earli­er with­in this report, the pro­pos­al would provide the policy require­ment of 25% afford­able hous­ing pro­vi­sion, help­ing to provide sup­ply to the loc­al, afford­able hous­ing demand with­in the area. Developer con­tri­bu­tions are pro­posed to be sought for infra­struc­ture require­ments, where required, which in this case relates to act­ive travel.

1. Con­cern has been raised regard­ing the poten­tial for a high pro­por­tion of the pro­posed devel­op­ment becom­ing hol­i­day lets or second homes. The des­ig­na­tion in the Loc­al Devel­op­ment Plan has estab­lished the need for more hous­ing in Kin­craig and it is not con­sidered neces­sary to pro­hib­it the use of the hous­ing in this way. The restric­tion of hous­ing to loc­al people has not been pos­sible since the issu­ing of the Chief Planner’s let­ter on occu­pancy con­di­tions and rur­al hous­ing dated 4^th Novem­ber 2011 which states, ​“The Scot­tish Gov­ern­ment believes that occu­pancy restric­tions are rarely appro­pri­ate and so should gen­er­ally be avoided.” The let­ter does not allow occu­pancy restric­tions to be issued simply on the grounds of the poten­tial use of the dwell­ing, the ori­gin of the occu­pi­er or the work­place of the buy­er. The approach of imple­ment­ing occu­pancy restric­tions on houses has there­fore not been taken else­where in lar­ger hous­ing schemes in the Park and there is no spe­cif­ic evid­ence to jus­ti­fy its approach here.

2. Oth­er mat­ters raised by object­ors relate to the scale of the devel­op­ment which is largely estab­lished now by the exist­ing Loc­al Devel­op­ment Plan and the Pro­posed Loc­al Devel­op­ment Plan des­ig­na­tions. Con­cern has also been raised by object­ors regard­ing future addi­tion­al devel­op­ment on the land for fur­ther hous­ing above the alloc­ated 40 dwell­ings. Any fur­ther devel­op­ment at the site would be sub­ject to a sep­ar­ate plan­ning applic­a­tion and the mer­its of the scheme would be ana­lysed at that time.

3. Net­work Rail has no objec­tion to the pro­pos­al sub­ject to the inclu­sion of a plan­ning con­di­tion requir­ing a tres­pass proof fence of at least 1.8 metres in height adja­cent to the Net­work Rail’s bound­ary togeth­er with its future main­ten­ance in the interests of pub­lic safety.

4. The High­land Coun­cil Con­tam­in­ated Land Team also con­firm that they have no objec­tion to the proposal.

CON­CLU­SION

1. This applic­a­tion involves new hous­ing with­in a set­tle­ment on a site spe­cific­ally des­ig­nated for hous­ing devel­op­ment in the Loc­al Devel­op­ment Plan. It will deliv­er a vari­ety of hous­ing units includ­ing a mix of open mar­ket and afford­able hous­ing accom­mod­a­tion in Kin­craig. It is well-loc­ated in terms of prox­im­ity to the amen­it­ies and facil­it­ies of the vil­lage, and is read­ily accessed by non-vehicu­lar means. As such, the prin­ciple of this devel­op­ment com­plies with the Loc­al Devel­op­ment Plan policies.

2. The lay­out and design of the new devel­op­ment is of an adequate stand­ard, and will deliv­er new hous­ing with­in a land­scaped set­ting in keep­ing with the established

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

char­ac­ter and set­ting of the vil­lage. Envir­on­ment­al impacts can be sat­is­fact­or­ily mit­ig­ated and hab­it­at enhance­ments can be delivered which will ensure that key hab­it­ats are pro­tec­ted and enhanced over time, such as the reten­tion of the wooded knoll. These mat­ters can be adequately addressed sub­ject to plan­ning con­di­tions as required by consultees.

1. The pro­posed devel­op­ment is con­sidered to fully com­ply with Loc­al Devel­op­ment Plan policies sub­ject to appro­pri­ate plan­ning con­di­tions being imposed to achieve land­scape, eco­lo­gic­al and ser­vi­cing require­ments and also sub­ject to an appro­pri­ate leg­al agree­ment to secure neces­sary developer con­tri­bu­tions. Approv­al is there­fore recommended.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Phase I — 40 unit hous­ing devel­op­ment at Land 160M South Of Bal­dow Cot­tage Alvie Estate Kin­craig sub­ject to:

1) Con­clu­sion of an appro­pri­ate agree­ment or upfront pay­ment regard­ing developer con­tri­bu­tion in respect of act­ive travel; and 2) 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 Con­struc­tion Traffic Man­age­ment Plan is 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. This plan should include details of the tim­ings of works to reflect the need to min­im­ise res­id­en­tial dis­turb­ance dur­ing con­struc­tion. There­after the con­struc­tion of the devel­op­ment shall be imple­men­ted in accord­ance with those approved details.

Reas­on: To ensure there are no adverse impacts on the roads net­work in rela­tion to road safety and that con­struc­tion traffic asso­ci­ated with the devel­op­ment causes min­im­um dis­turb­ance to res­id­ents in accord­ance with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. No devel­op­ment shall com­mence on site until a Con­struc­tion Meth­od State­ment (CMS) has been sub­mit­ted to and agreed in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity. The CMS shall include, but not be lim­ited to: a) The approach to site pre­par­a­tion, soils man­age­ment, res­tor­a­tion and reinstatement.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 7 28/08/2020

b) Full details of how risks to water­courses will be elim­in­ated through the applic­a­tion of good site man­age­ment in accord­ance with the best prac­tice guidelines and SEPA’s PPG 5: ​“Work­ing on or near a water­course”. c) Ref­er­ence to any sub­sequent spe­cies pro­tec­tion plans (if required fol­low­ing the pre-con­struc­tion sur­vey work) and how this will be adhered to dur­ing con­struc­tion, d) Provide details of light­ing arrange­ments dur­ing con­struc­tion; e) Details of how the knoll hab­it­at will be pro­tec­ted dur­ing construction.

There­after the works shall be under­taken in strict accord­ance with the approved Con­struc­tion Meth­od Statement.

Reas­on: To ensure the devel­op­ment does not adversely affect the integ­rity of the Natura Sites and eco­lo­gic­al interests of the area and to ensure that the works are under­taken in accord­ance with best prac­tice to min­im­ise its impacts in accord­ance with Policy 3: Sus­tain­able Design, Policy 4: Nat­ur­al Her­it­age, Policy 5: Land­scape and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

1. No devel­op­ment shall com­mence on site until a Con­struc­tion Noise Mit­ig­a­tion Scheme which demon­strates how the applic­ant / con­tract­or will ensure the best prac­tic­able meas­ures are imple­men­ted in order to reduce the impact of con­struc­tion noise has been sub­mit­ted to and approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity in con­sulta­tion with The High­land Coun­cil. The assess­ment should include but is not lim­ited to the following: a) **A descrip­tion of the most sig­ni­fic­ant noise sources in terms of equip­ment, pro­cesses or phases of construction