Item7Appendix2(a)SupportingInformation20190040MSCand20190041MSC

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 7 Appendix 2A 26/04/2019

AGENDA ITEM 7

APPENDIX 2A

2019/0040/MSC & 2019/0041/MSC (HALF BARRIERS)

SUP­PORT­ING INFORMATION

Gen­er­al Register of Sas­ines Extract Registered 26 FEB­RU­ARY 2019

AGREE­MENT

BETWEEN

CAIRNGORMS NATION­AL PARK AUTHORITY

AND

TRUST­EES UNDER DEED OF TRUST BY THE HON­OUR­ABLE JAMES ANDREW OGILVIE-GRANT, VIS­COUNT REIDHAVEN

Deed extract

Registers of Scotland

Registers of Scotland

The Writ here­in­after repro­duced is recor­ded in the Gen­er­al Register of Sas­ines for pub­lic­a­tion and also as in the Books of the Lords of Coun­cil and Ses­sion for pre­ser­va­tion And exe­cu­tion as fol­lows:- Minute of Agree­ment REGISTERS OF SCOT­LAND GEN­ER­AL REGISTER OF SAS­INES COUNTY OF INVERNESS YEAR 2019 285 YEARLY RUN­NING NUM­BER PRESEN­TED AND RECOR­DED ON 26 FEB 2019 In terms of Sec­tion 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 (here­in­after referred to as the ​“1997 Act”),

between

CAIRNGORMS NATION­AL PARK AUTHOR­ITY, con­sti­tuted in terms of the Nation­al Parks (Scot­land) Act 2000 and the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 (here­in­after referred to as the ​“2003 Order”) as Plan­ning Author­ity in terms of Art­icle 7(3) of the 2003 Order and Sec­tion 46 of the 1997 Act and hav­ing its main offices at 14 The Square, Grant­own-on-Spey, PH26 3HG (here­in­after referred to as the ​“Park Authority”);

and

THE RIGHT HON­OUR­ABLE IAN DEREK FRAN­CIS OGILVIE-GRANT, EARL OF SEAFIELD of Old Cul­len, Cul­len, Buck­ie, THE HON­OUR­ABLE JAMES ANDREW OGILVIE-GRANT, VIS­COUNT REIDHAVEN, c/​o Old Cul­len afore­said, DAV­ID HENRY HOULDSWORTH, Writer to the Signet, c/​o 15 Atholl Cres­cent, Edin­burgh EH3 8HA and DAV­ID JOHN CAR­MI­CHAEL MAC­ROBERT, Soli­cit­or, formerly of 152 Bath Street, Glas­gow and now of Capella, 60 York Street, Glas­gow, as the cur­rent trust­ees act­ing under Deed of Trust by The Hon­our­able James Andrew Ogilvie-Grant, Vis­count Reidhaven, dated 27 March 2002 (the ​“Trust­ees”) (who and whose suc­cessors as own­ers of the Sub­jects or any part there­of are here­in­after referred to as the ​“Landown­er”);

Where­as: (A) The Park Author­ity is entitled in terms of inter alia Sec­tion 75 of the 1997 Act to enter into a plan­ning oblig­a­tion with any per­son in respect of land with­in the Nation­al Park area for the pur­pose of restrict­ing or reg­u­lat­ing the devel­op­ment or use of that land, either per­man­ently or dur­ing such peri­od as may be specified;

(B) The Landown­er is the her­it­able pro­pri­et­or of the Sub­jects and is there­fore able to enter into plan­ning oblig­a­tions as provided for in Sec­tion 75 of the 1997 Act;

© The Landown­er sub­mit­ted the Plan­ning Applic­a­tions to the Coun­cil in respect of the Development;

(D) The Coun­cil were deemed to have refused per­mis­sion for the Plan­ning Applic­a­tions. The Landown­er sub­sequently appealed those decisions to the DPEA and the Plan­ning Per­mis­sions for the Devel­op­ment were gran­ted; and

(E) The Plan­ning Per­mis­sions were issued sub­ject to the Rel­ev­ant Con­di­tions, which make pro­vi­sion for the install­a­tion of the Half Bar­ri­er Cross­ing Sys­tem at the Dal­faber Drive Lēvel Cross­ing. The Landown­er is enter­ing into this Agree­ment in sat­is­fac­tion of those conditions.

(F) The Park Author­ity, in terms of the 2003 Order, called in applic­a­tions (i) Grant of Mat­ters Spe­cified in Con­di­tions Ref 2018/0183/MSC and (ii) Grant of Mat­ters Spe­cified in Con­di­tions Ref 2018/0184/MSC sub­mit­ted to the Coun­cil for approv­al of cer­tain reserved mat­ters con­tained in the Plan­ning Per­mis­sions and there­after gran­ted these applic­a­tions. Applic­a­tions to the Coun­cil are expec­ted for approv­al of reserved mat­ters con­tained in the Rel­ev­ant Con­di­tions and upon receiv­ing noti­fic­a­tion of such applic­a­tion the Park Author­ity anti­cip­ates mak­ing a dir­ec­tion in terms of Art­icle 7(3) of the 2003 Order that the func­tion and power to determ­ine such applic­a­tions should be exer­cised by the Park Author­ity rather than the Coun­cil on the basis that, in the opin­ion of the Park Author­ity, the Devel­op­ment raises a plan­ning issue of gen­er­al sig­ni­fic­ance to the Nation­al Park in terms of the said Nation­al Parks (Scot­land) Act 2000;

Now there­fore, the Park Author­ity and the Landown­er as wit­nessed by their exe­cu­tion here­of Do Hereby Agree as fol­lows: 14462335_1 1

Registers of Scotland

Registers of Scotland

Defin­i­tions ​“Agree­ment” means this agree­ment, togeth­er with the Plan and any deed or doc­u­ment sub­sequently entered into between the Park Author­ity and the Landown­er which is expressed to be sup­ple­ment­al to or a modi­fic­a­tion of this minute of agreement;

“Commence/​Commencement” means to carry out a mater­i­al oper­a­tion (as such term in defined in Sec­tion 27(4) of the 1997 Act) in rela­tion to the Development;

“Completion/​Completed” means the date of issu­ing of the earli­er of a Cer­ti­fic­ate of Tem­por­ary Occu­pa­tion or Com­ple­tion Cer­ti­fic­ate by the High­land Council’s Build­ing Stand­ards Depart­ment in respect of any Res­id­en­tial Unit form­ing part of the Development;

“Coun­cil” means The High­land Coun­cil, a loc­al author­ity con­sti­tuted under the Loc­al Gov­ern­ment etc. (Scot­land) Act 1994 and hav­ing its prin­cip­al office at Coun­cil Offices, Glen­ur­quhart Road, Inverness, IV3 5NX;

“Dal­faber Drive Level Cross­ing” means the level cross­ing at the inter­sec­tion of Dal­faber Drive, Aviemore and the Aviemore to Boat of Garten private rail­way line;

“Date of Mater­i­al Oper­a­tion” means either the date intim­ated to the Coun­cil in accord­ance with the pro­vi­sions of clause 4 here­of, which fail­ing the date determ­ined by the Coun­cil in accord­ance with the pro­vi­sions of clause 4 hereof;

“Devel­op­ment” means the con­struc­tion of res­id­en­tial units at the Sub­jects in accord­ance with the Plan­ning Per­mis­sions and/​or any Fur­ther Permissions;

“DPEA” means the Scot­tish Government’s Divi­sion of Plan­ning and Envir­on­ment­al Appeals;

“Fur­ther Per­mis­sions” means any plan­ning per­mis­sion for the same devel­op­ment as the Devel­op­ment issued pur­su­ant to (1) an applic­a­tion for plan­ning per­mis­sion under Sec­tion 42 of the Act and in respect of which either the Plan­ning Per­mis­sion or a Fur­ther Per­mis­sion is the pre­vi­ous per­mis­sion; or (2) an applic­a­tion for plan­ning per­mis­sion under Reg­u­la­tion 11(1) of the DMP Reg­u­la­tions and in respect of which either the Plan­ning Per­mis­sion or a Fur­ther Per­mis­sion was the basis for such application;

“Half Bar­ri­er Cross­ing Sys­tem” means a half bar­ri­er level cross­ing sys­tem installed or to be installed at the Dal­faber Drive Level Crossing;

“Keeper’s Acknow­ledge­ment” means the receipt issued by the Registers of Scot­land in respect of the regis­tra­tion of this Agree­ment in the Land Register of Scotland;

“Mater­i­al Oper­a­tion” means the ini­ti­ation of devel­op­ment of land in accord­ance with Sec­tion 27(4) of the 1997 Act;

“Nation­al Park” means the Cairngorms Nation­al Park as des­ig­nated in terms of the 2003 Order,

“Parties” means the Park Author­ity and the Landowner;

“Plan” means the plan annexed and sub­scribed as rel­at­ive hereto;

“Plan­ning Applic­a­tions” means the applic­a­tions for plan­ning per­mis­sion for the Devel­op­ment, made under sec­tion 42 of the 1997 Act, sub­mit­ted to the Coun­cil and alloc­ated Coun­cil ref­er­ences 14/03675/S42 and 14/03676/S42, which were not called in by the Park Authority;

“Plan­ning Per­mis­sions” means the plan­ning per­mis­sions for the Devel­op­ment issued pur­su­ant to the Plan­ning Applic­a­tions, deemed refused by the Coun­cil and sub­sequently gran­ted on appeal to the DPEA under the terms and con­di­tions of the decision notices 2 2.1 issued by the DPEA dated 21 March 2016 under ref­er­ences PPA-270‑2126 and PPA-270- 2127 and all asso­ci­ated draw­ings and doc­u­ment­a­tion referred to therein, or which impliedly forms part there­of, and any amend­ment or amend­ments thereto;

“Rel­ev­ant Con­di­tions” means con­di­tion 20© of per­mis­sion PPA-270‑2126 and con­di­tion 21© of per­mis­sion PPA-270‑2127;

“Rel­ev­ant Searches” means (i) a leg­al report against the Sub­jects with per­son­al searches against all parties except the Park Author­ity, and (ii) unless the Sub­jects com­prise the whole of a registered title, a level 3 plans report;

“Res­id­en­tial Unit” means any prop­erty form­ing part of the Devel­op­ment which is designed and con­struc­ted or to be con­struc­ted for res­id­en­tial use of any sort and which is liable to pay Coun­cil Tax, which term may apply indi­vidu­ally or to a group of such units, wheth­er divided from one anoth­er either ver­tic­ally or horizontally;

“Sched­ule” means the sched­ule annexed and signed as rel­at­ive hereto;

“Self-Evid­en­cing Man­ner” means sub­scrip­tion in terms of Sec­tions 3, 7 and 8 and Sched­ule 2 of the Require­ments of Writ­ing (Scot­land) Act 1995;

“Sub­jects” means ALL and WHOLE that area of land at North Dal­faber, Aviemore in the County of Inverness shown col­oured pink and yel­low on the Plan and which forms PART and POR­TION of ALL and WHOLE the sub­jects described in and disponed by Dis­pos­i­tion and Assig­na­tion by The Hon­our­able James Andrew Ogilvie-Grant, Vis­count Reidhaven, in favour of the Trust­ees and The Hon­our­able Alex­an­der Derek Henry Ogilvie-Grant as Trust­ees therein men­tioned, dated 27 and recor­ded in the Divi­sion of the Gen­er­al Register of Sas­ines applic­able to the Counties of Inverness and Moray on 28 both days of March 2002;

“Work­ing Days” means any day exclud­ing Sat­urday or Sunday on which Scot­tish clear­ing banks are open for business.

Inter­pret­a­tion In this agree­ment: 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 Words import­ing one gender shall be con­strued as import­ing any oth­er gender.

Words import­ing the sin­gu­lar shall be con­strued as import­ing the plur­al and vice- versa.

Words import­ing per­son­al shall include firms, com­pan­ies and cor­por­a­tions and vice-versa.

Where any party com­prises more than one per­son, the oblig­a­tions and liab­il­it­ies of that party under this agree­ment shall be joint and sev­er­al oblig­a­tions and liab­il­it­ies of those persons.

Ref­er­ences to any Act of Par­lia­ment shall include any modi­fic­a­tion, exten­sion or re-enact­ment there­of for the time being in force and shall include all instru­ments, orders, notices, plans, reg­u­la­tions, bye-laws, per­mis­sions and dir­ec­tions for the time being made, issued or giv­en there­un­der or deriv­ing valid­ity therefrom.

Ref­er­ences to any devel­op­ment plans, plan­ning policies, and sup­ple­ment­ary plan­ning guid­ance shall include any modi­fic­a­tions there­of and any replace­ment devel­op­ment plans, plan­ning policies or sup­ple­ment­ary guid­ance adop­ted or issued from time to time.

Ref­er­ences to any part of the Sub­jects shall, where the con­text so requires, include ref­er­ences to the suc­cessors in title to that part of the Sub­jects. 14462335_1 2 14525901_1 3

Registers of Scotland

Registers of Scot­land 3 3.1 4 4.1 4.2 4.3 5 5.1 5.2 6 Rel­ev­ant Searches Once the Agree­ment has been sub­mit­ted for regis­tra­tion and the Keeper’s Acknow­ledge­ment has been issued, the Landown­er shall exhib­it updated Rel­ev­ant Searches (but not a plans report) to the Park Author­ity brought down to a date not earli­er than the date fol­low­ing the date of the Keeper’s Acknow­ledge­ment. Dal­faber Drive Level Cross­ing Safety Meas­ures The Plan­ning Per­mis­sions were issued sub­ject to the Rel­ev­ant Con­di­tions. The Rel­ev­ant Con­di­tions require detailed plans and spe­cific­a­tions for the Half Bar­ri­er Cross­ing Sys­tem to be sub­mit­ted pri­or to Com­mence­ment of Devel­op­ment for the approv­al of in writ­ing by the Park Author­ity or that the Park Author­ity has cer­ti­fied in writ­ing its sat­is­fac­tion with com­mit­ments, leg­ally bind­ing all rel­ev­ant parties, to a pro­gramme of works in accord­ance with such details pri­or to the Com­mence­ment of Devel­op­ment. As the Plan­ning Per­mis­sions are each a ​‘plan­ning per­mis­sion in prin­ciple’ as that term is defined in Sec­tion 59 of the 1997 Act, the said details and plans in rela­tion to the Half Bar­ri­er Cross­ing Sys­tem need to be sub­mit­ted to the Park Author­ity with­in three years of the date of issue of the Plan­ning Per­mis­sion, i.e. before 20 March 2019. No sale or occu­pa­tion of a Com­pleted Res­id­en­tial Unit form­ing part of the Devel­op­ment on the Sub­jects shall take place until (i) the Landown­er has demon­strated to the Park Author­ity that the Half Bar­ri­er Cross­ing Sys­tem is fully oper­a­tion­al, and (ii) the Park Author­ity has giv­en writ­ten con­firm­a­tion that it is sat­is­fied that the Half Bar­ri­er Cross­ing Sys­tem has been con­struc­ted in accord­ance with the detailed plans and spe­cific­a­tions approved in writ­ing by the Park Author­ity in accord­ance with the detail approved under the Rel­ev­ant Con­di­tions as referred to in Clause 4.1 above. The Parties hereby agree that this Agree­ment con­sti­tutes a leg­ally bind­ing com­mit­ment for the deliv­ery of the Half Bar­ri­er Cross­ing Sys­tem as provided for in the Rel­ev­ant Con­di­tions. This com­mit­ment will address the reas­on for the Rel­ev­ant Con­di­tions (‘in the interests of pub­lic safety and to cope with traffic gen­er­ated by the devel­op­ment’) is met by ensur­ing that the Half Bar­ri­er Cross­ing Sys­tem is in place before the traffic which would arise from occu­pa­tion of the Com­pleted Res­id­en­tial Units is gen­er­ated. Notices All notices which require to be giv­en in terms of this Agree­ment shall be in writ­ing and shall be deemed to be suf­fi­ciently served if signed by or on behalf of the party issu­ing the notice and sent by pre-paid recor­ded deliv­ery or registered post addressed: in the case of the Park Author­ity, to the Park Author­ity at 14 The Square, Grant­own-on- Spey, Scot­land, PH26 3HG or to such oth­er address as the Park Author­ity may have noti­fied the oth­er parties pre­vi­ously in writ­ing; in the case of the Landown­er, served on The Chief Exec­ut­ive, Seafield Estate Office, Cul­len, Buck­ie, Ban­ff­shire AB56 4UW and, for sub­sequent per­sons or entit­ies with an interest in the Sub­jects (if a body cor­por­ate) at its registered office or head office, or (if an indi­vidu­al) at his last known address in the United King­dom or (if a part­ner­ship) to the part­ner­ship and any one or more of the part­ners there­of at its last known prin­cip­al place of busi­ness in the United King­dom or (in any case) at such address as the her­it­able pro­pri­et­or of the Sub­jects may have noti­fied in writ­ing to the oth­er parties, and any such notice shall be deemed to have been served on the second busi­ness day after the date on which the same was pos­ted (exclud­ing week­ends and pub­lic and stat­utory hol­i­days). Leg­al Expenses With­in ten Work­ing Days of sig­na­ture of this Agree­ment the Landown­er shall pay to the Park Author­ity (1) the Park Authority’s leg­al expenses in con­nec­tion with the nego­ti­ation, draft­ing, 7 7.1 adjust­ment, con­clu­sion, exe­cu­tion and registration/​recording of this Agree­ment, and (2) the regis­tra­tion dues pay­able on the registration/​recording of this Agree­ment and any oth­er out­lays incurred in con­nec­tion with the nego­ti­ation, draft­ing, adjust­ment, con­clu­sion, exe­cu­tion and registration/​recording of this Agree­ment. Exe­cu­tion and Regis­tra­tion The Parties will execute this Agree­ment in a Self Evid­en­cing Man­ner. 7.2 The Landown­er war­rants that, as at the date of their exe­cu­tion of this Agree­ment, they are the her­it­able pro­pri­et­ors of the Sub­jects. 7.3 7.4 The Parties hereby agree that the Park Author­ity shall be the last to execute this Agree­ment. The Parties by exe­cu­tion here­of con­sent to regis­tra­tion of this Agree­ment in the Land Register of Scot­land and/​or record­ing of this Agree­ment in the appro­pri­ate Divi­sion of the Gen­er­al Register of Sas­ines as appro­pri­ate and to the regis­tra­tion of this Agree­ment in the Books of Coun­cil and Ses­sion for pre­ser­va­tion and exe­cu­tion. 7.5 8 9 9.1 9.2 10 In the event that the applic­a­tion for regis­tra­tion and/​or record­ing described at clause 7.4 is rejec­ted by the Registers of Scot­land and that, as a res­ult, the Park Author­ity requests the Landown­ers to provide doc­u­ment­a­tion or inform­a­tion or carry out actions of any kind, includ­ing amend­ing the terms of the Agree­ment (but only so far as required to enable regis­tra­tion), to allow the Park Author­ity to resub­mit or sub­mit fresh applic­a­tions to com­plete to the issue by the Registers of Scot­land of a fully registered Agree­ment, the Landown­ers will use all reas­on­able endeav­ours to promptly deliv­er such doc­u­ment­a­tion and inform­a­tion to the Park Author­ity and carry out such action to allow the Park Author­ity to resub­mit or sub­mit fresh applic­a­tions and to the issue by the Registers of Scot­land of a fully registered or recor­ded Agree­ment. Pro­hib­i­tion against Ali­en­a­tion pri­or to Regis­tra­tion The Landown­er shall not at any time before regis­tra­tion of this Agree­ment in the Gen­er­al Register of Sas­ines or Land Register of Scot­land, dis­pose of, sub­let or oth­er­wise grant to any oth­er party an interest in their title to the Sub­jects or any part there­of, or enter into any missives or agree­ment to part with own­er­ship or pos­ses­sion of any part of the Sub­jects wheth­er by way of sale, lease, licence to occupy or any oth­er arrange­ment affect­ing the Sub­jects and con­firm by their exe­cu­tion here­of that they have not, nor shall they grant any stand­ard secur­ity over the whole or any part of the Sub­jects all except inso­far as the same may be spe­cific­ally agreed to in writ­ing by the Park Author­ity which agree­ment shall not be unreas­on­ably with­held or delayed. Enforce­ment Without pre­ju­dice to any oth­er rem­edy which may be avail­able to the Park Author­ity at law (in respect of all terms of this Agree­ment), the Park Author­ity may, in pur­su­ance of this Agree­ment, avail itself where appro­pri­ate of the rem­ed­ies of inter­dict, spe­cif­ic imple­ment and reduc­tion. Not­with­stand­ing the terms of Sec­tion 75C of the 1997 Act, which is to have no applic­a­tion to this Agree­ment, on ceas­ing to be the her­it­able pro­pri­et­or of the Sub­jects, the Trust­ees shall cease to be liable for the any oblig­a­tions con­tained in this Agree­ment inso­far as relat­ing to the Sub­jects save in respect of any ante­cedent breach. Valid­ity of Pro­vi­sions This Agree­ment is entered into under and in terms of Sec­tion 75 of the 1997 Act. Each of the terms of this Agree­ment has been and is agreed inde­pend­ently of the oth­ers and in the event of any term becom­ing or being held to be inef­fect­ive, wheth­er by oper­a­tion of law or oth­er­wise, the remain­ing terms of this Agree­ment shall con­tin­ue in force. How­ever, if and to the extent that any term, pro­vi­sion, con­di­tion or oblig­a­tion con­tained in this Agree­ment is 14462335_1 4 14462335_1 5

Registers of Scotland

Registers of Scot­land 11 12 13 held in any pro­ceed­ings to be a term, pro­vi­sion, con­di­tion or oblig­a­tion which can­not be com­pet­ently included in or enforced under an agree­ment entered into under and in terms of the said Sec­tion 75, such term, pro­vi­sion, con­di­tion or oblig­a­tion shall, sub­ject to the terms of this Agree­ment, be and remain enforce­able to the same extent and effect as if this Agree­ment was an agree­ment in com­mon form between the parties hereto. Modi­fic­a­tion or dis­charge In the event that the Landown­er wishes to modi­fy and/​or dis­charge the whole or any part of this Agree­ment, the terms of Sec­tion 75A of the 1997 Act shall apply. The Landown­er shall be respons­ible for the Park Authority’s reas­on­able leg­al expenses and out­lays prop­erly incurred in the nego­ti­ation, draft­ing, pre­par­a­tion, com­ple­tion and regis­tra­tion of any dis­charge and/​or modi­fic­a­tion hereto. Dis­pute Res­ol­u­tion Except as oth­er­wise provided in this Agree­ment, any dif­fer­ence or dis­pute arising as to the inter­pret­a­tion or mean­ing of this Agree­ment or any oth­er mat­ter arising there­from shall be sub­mit­ted to the final decision of an arbit­rat­or mutu­ally appoin­ted or, fail­ing agree­ment, to such appoint­ment to be appoin­ted by the Sher­iff Prin­cip­al of the Sher­iff­dom of Grampi­an, High­land and Islands on the applic­a­tion of either party, and such arbit­ra­tion shall be car­ried out in accord­ance with the Arbit­ra­tion (Scot­land) Act 2010 and the Scot­tish Arbit­ra­tion Rules which form Sched­ule 1 to that Act. Jur­is­dic­tion This Agree­ment shall be con­strued in accord­ance with the laws of Scot­land and shall fall with­in the exclus­ive jur­is­dic­tion of the Scot­tish courts. IN WIT­NESS WHERE­OF these presents typed on this and the pre­ced­ing 5 pages togeth­er with the Plan are executed by the parties as fol­lows: Sub­scribed for and on behalf of the Park Author­ity by at on befo GRANT Moin CAIRNSORM Author­ised Sig­nat­ory MOTEL, AVIEMORE 22 Feb 2019 KAR­EN ARCH­ER DAL­BEG, MANNGELAPL, CAR­RBRIDGE, PH233BB Full Name (Please Print) Wit­ness Name (Please Print) Wit­ness Address Wit­ness (Sig­na­ture) Sub­scribed for and on behalf of the Landown­er by (Sig­na­ture) The Right Hon­our­able lan Derek Fran­cis Ogilvie- Full Name Grant, Earl of Seafield at on before OLD CALEN 18 JANU­ARY 2019 WIL­LI­AM ANDER­SON SEAFIELD ESTATE OFFICE, CUL­LEN BucRIE, ABSC 44W The Hon­our­able James Andrew Ogilvie-Grant, Vis­count Reidhaven Wit­ness (Sig­na­ture) Wit­ness Name (Please Print) Wit­ness Address (Sig­na­ture) Full Name at PORSCHE CENTRE TON­BRIDGE on bef 30^th JOM­ID­ARY 2019. PAUL PAGE Wit­ness (Sig­na­ture) Wit­ness Name (Please Print) BROOK Fsem FIVE OAK GREEN R.Witness Address TON BRIDGE KENT IN11OQN (Sig­na­ture) Dav­id Henry Houldsworth at on DAL­LAS SO FEB­RU­ARY 2019 before ENEN SOR­IN BROD­IE DOWER HOUSE LETH­EN NAIRN IN125PR Full Name Wit­ness (Sig­na­ture) Wit­ness Name (Please Print) Wit­ness Address 14462335_1 6 14462335_1 7

Registers of Scotland

Dav­id John Car­mi­chael Mac­Robert at on before THE TROSSACHS 27 JANU­ARY 2019 SLIZ­ANNE MAC­ROBERT (Sig­na­ture) Full Name Wit­ness (Sig­na­ture) Wit­ness Name (Please Print) Wit­ness Address EKIT SHYE Plen­turk House, Trovechs Puth­shak 14462335_1 8 Registers of Scot­land Inis is the Plan referred to in the fore­go­ing Agree­ment between Cairngorms Nation­al Parle Aul­ii­enty and Trust­ees uncler Deed of Trust by The Hanar­able James Andi­on Ogilvie-Grant Promap HY CURA ㅏ아 JOG DH DM ㅁㅁ Π And the said Lords grant War­rant for law­ful exe­cu­tion here­on. EXTRAC­TED by me hav­ing com­mis­sion to that effect from the Keep­er of the Registers of Scot­land 101342152/AW Septem­ber 2018 Fuver Spey Spey Val­ley Golf Course East­ing 290552 59m 813696.38m First Scottish