Item7AAPostCommitteeApplicationsUpdate

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 7 13/11/2020

CAIRNGORMS NATION­AL PARK AUTHORITY

FOR INFORM­A­TION

Title: UPDATE ON APPLIC­A­TIONS APPROVED BY

          COMMITTEE SUBJECT TO CONCLUSION OF
          DEVELOPER CONTRIBUTIONS

Pre­pared by: Gav­in Miles, Head of Plan­ning and Communities

           Emma Bryce, Planning Manager - Development
           Management

Pur­pose

To update the Plan­ning Com­mit­tee on pro­gress in secur­ing developer con­tri­bu­tions, leg­al agree­ments or oth­er mat­ters asso­ci­ated with plan­ning applic­a­tions pre­vi­ously determ­ined by the Plan­ning Com­mit­tee that mean that decision notices for the applic­a­tions can­not yet be issued. If it appears to officers that the out­stand­ing mat­ters are unlikely to be con­cluded, a fur­ther recom­mend­a­tion to refuse an applic­a­tion may be made to the Committee.

Recom­mend­a­tion

That the Committee:

i. Note the pro­gress in con­clud­ing out­stand­ing mat­ters for the two

planning applications where three months or more has passed since they
were determined by the Planning Committee.

Back­ground

1. The CNPA Plan­ning Com­mit­tee con­siders plan­ning applic­a­tion that have been called-in by the CNPA because they are of sig­ni­fic­ance to the aims of the Nation­al Park. Those applic­a­tions are often lar­ger or more com­plex plan­ning applic­a­tions with sig­ni­fic­ant impacts, some of which can­not be addressed by plan­ning con­di­tions, but where developer con­tri­bu­tions or leg­al agree­ments can over­come a bar­ri­er to plan­ning con­sent and allow a devel­op­ment to be approved.

2. In such cases, the Plan­ning Com­mit­tee make a decision on an applic­a­tion sub­ject to any neces­sary con­di­tions and the con­clu­sion of any out­stand­ing mat­ters. The plan­ning ser­vice does not issue a decision notice for an applic­a­tion until those mat­ters are con­cluded, so plan­ning per­mis­sion for that pro­pos­al exists. Once the mat­ters are con­cluded, nor­mally once a leg­al agree­ment has been con­firmed as registered on the title deeds of land, or where a cash con­tri­bu­tion for infra­struc­ture pro­vi­sion has been

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 7 13/11/2020

depos­ited with the receiv­ing pub­lic body, the decision notice is issued by the plan­ning service.

1. The con­clu­sion of these mat­ters can be com­plex and time con­sum­ing, par­tic­u­larly where leg­al agree­ments cov­er­ing land, money and mul­tiple parties are involved. The CNPA has a pro­cess for updat­ing the Plan­ning Com­mit­tee on applic­a­tions where more than three months has passed since a com­mit­tee decision without the decision notice being cap­able of being issued. The pur­pose is to inform the Plan­ning Com­mit­tee of the reas­ons for the delay and if it appears to officers that mat­ters are unlikely to be con­cluded, ask the Plan­ning Com­mit­tee to refuse the plan­ning applic­a­tion. To date, the Plan­ning Com­mit­tee have not be asked to refuse any such applic­a­tions. How­ever, the abil­ity to do so has helped move some cases to con­clu­sion where there were unne­ces­sary delays.

Cur­rent applic­a­tions determ­ined but without decision notices

1. The CNPA cur­rently has three plan­ning applic­a­tions that have been determ­ined by the Plan­ning Com­mit­tee but where decision notices can­not yet be issued. Only two of those applic­a­tions have hit or passed the three month trig­ger for report­ing. They are sum­mar­ised below.

Applic­a­tions	Com­mit­tee Decision Date
2019/0298/DET Spey House Phase 2 — Devel­op­ment of 14 no dwell­ings includ­ing 6no ter­raced houses, 4no bun­ga­lows and 4no cot­tage flats, off Dal­faber Drive, Aviemore	24 Janu­ary 2020
2019/0363/DET, Erec­tion of three blocks flats (27 units) with asso­ci­ated park­ing and access at Devel­op­ment Site on Former Filling Sta­tion, Grampi­an Road, Aviemore	21 Feb­ru­ary 2020

Applic­a­tion 2019/0298/DET Spey House Phase 2

1. This applic­a­tion for afford­able hous­ing close to the new Aviemore com­munity hos­pit­al health­care facil­ity was approved by the Plan­ning Com­mit­tee on 24 Janu­ary 2020. The applic­a­tion is covered by a pro­cessing agree­ment between applic­ant and CNPA and the developer con­tri­bu­tions between the parties are agreed.

2. In April 2020 officers updated the Plan­ning Com­mit­tee on delays partly due to Covid-

   1. Since then, a dif­fer­ent hous­ing asso­ci­ation had looked to take on the pro­ject but decided they could not pur­sue it in early autumn. Now, High­land Coun­cil and the High­land Hous­ing Alli­ance are invest­ig­at­ing wheth­er they can pur­sue the pro­ject them­selves, with fur­ther sup­port from Scot­tish Gov­ern­ment. The site is ideally loc­ated for a mix of afford­able hous­ing and all parties are reluct­ant to let the pro­ject fail.

3. CNPA officers will work con­tin­ue to work with the applic­ant and High­land Coun­cil to secure a solu­tion that allows the decision notice to be issued and devel­op­ment to commence.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 7 13/11/2020

Applic­a­tion 2019/0363/DET, Erec­tion of Flats at Former Filling Sta­tion, Aviemore

1. This applic­a­tion for three block of flats on the site of a former filling sta­tion at the south­ern end of Aviemore was determ­ined by the Plan­ning Com­mit­tee on 21 February

   1. The applic­a­tion is covered by a pro­cessing agree­ment between applic­ant and CNPA.

2. The pro­gres­sion of a leg­al agree­ment was ini­tially stalled by Cov­id-19, when High­land Coun­cil leg­al staff were unable to work and then had a back­log of urgent work to pur­sue. The agree­ment should now be in a good pos­i­tion to be final­ised and agreed between the parties so we hope it can be signed and moved to regis­tra­tion before the end of 2020.

Con­clu­sion

1. Although there are delays in secur­ing developer con­tri­bu­tions for both plan­ning applic­a­tions sum­mar­ised in this paper that means that decision notices can­not yet be issued, in neither case are officers con­cerned that pro­gress has stalled without legit­im­ate reas­on. Both applic­a­tions have pro­cessing agree­ments that can accom­mod­ate in these delays and officers are con­fid­ent that all parties are work­ing to con­clude them as quickly as pos­sible. The Plan­ning Com­mit­tee will receive fur­ther updates at future meetings.

Gav­in Miles Novem­ber 2020 gavinmiles@​cairngorms.​co.​uk