Com­mit­tee report

Devel­op­ment proposed:

Change of house types on Plots 22 – 25 and 31 – 32 and the road and car park­ing design (07/230/CP) (2024/0149/DET) at Land between Perth Road and Sta­tion Road, New­ton­more, Highland

Ref­er­ence: 2026/0026/DET

Applic­ant: Tul­loch Homes Ltd

Date called-in: 26 Janu­ary 2026

Recom­mend­a­tion: Approve sub­ject to conditions

Case officers: Kath­er­ine Don­nach­ie & Lauren Neil, Plan­ning Officers

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This map has been pro­duced to aid in the stat­utory pro­cess of deal­ing with plan­ning applic­a­tions. The map is to help identi­fy the site and its sur­round­ings and to aid Plan­ning Officers, Com­mit­tee Mem­bers and the Pub­lic in the determ­in­a­tion of the pro­pos­al. Maps shown in the Plan­ning Com­mit­tee Report can only be used for the pur­poses of the Plan­ning Com­mit­tee. Any oth­er use risks infringing Crown Copy­right and may lead to pro­sec­u­tion or civil pro­ceed­ings. Maps pro­duced with­in this Plan­ning Com­mit­tee Report can only be repro­duced with the express per­mis­sion of the Cairngorms Nation­al Park Author­ity and oth­er Copy­right hold­ers. This per­mis­sion must be gran­ted in advance.

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Site descrip­tion, pro­pos­al and history

Site descrip­tion

1. The applic­a­tion site is loc­ated at the south­ern edge of New­ton­more with­in an ongo­ing hous­ing devel­op­ment. The New­ton­more to Perth B9150 road runs to the west and access is taken off this road with two spur roads off this access point, one lead­ing south and one north to serve this part of the devel­op­ment. The north­ern spur road then splits in two to serve the area where these cur­rent plots are loc­ated in the north-east­ern part of the wider site. At present the applic­a­tion site is part of a build­ing site with a con­sid­er­able num­ber of houses now built. The applic­a­tion site and wider site are fairly level, former graz­ing ground.
2. Res­id­en­tial prop­er­ties lie to the east on Wood­side Aven­ue, set with­in wooded gar­dens. To the north there are fur­ther res­id­en­tial prop­er­ties on Sta­tion Road and to the west, on the oppos­ite (west) side of the main Perth Road, there are fur­ther res­id­en­tial prop­er­ties on St Columba Road. The ongo­ing partly built hous­ing lies to the south. To the far south-west, also on the oppos­ite side of the main road, there is a café and pet­rol sta­tion. Fields lie to the far south and south­east of the wider site. The Coffin Road path runs along the south­ern bound­ary of the wider site.
3. There are no spe­cif­ic envir­on­ment­al des­ig­na­tions on the site, with the River Spey Spe­cial Area of Con­ser­va­tion (SAC) and Site of Spe­cial Sci­entif­ic Interest (SSSI) lying some 0.58 km to the far south. There is no appar­ent con­nectiv­ity to this water­course from the site. There are no lis­ted build­ings or sched­uled monu­ments with­in the imme­di­ate vicinity.

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: https://​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​=​d​o​c​u​m​e​n​t​s​&​k​e​y​V​a​l​=​T​9​9​I​Q​Z​S​I​0CP00

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Title	Draw­ing Num­ber	Date on Plan*	Date Received
Plan — Loc­a­tion Plan	3295−02−007		22/01/26
Plan — Site Lay­out Plan	3295 – 021 Rev N		22/01/26
Plan — Gen­er­al Plan	3295−01−400		22/01/26
Plan — Elev­a­tion Plan	3295−01−415		22/01/26
Plan – Over­all Land­scape Proposals	TH NP3 120.26 SL-01	27/02/26	27/02/26
Plan – Land­scape Pro­pos­als – Plant­ing Plan	TH NP3 120.26 SL-02	27/02/26	27/02/26
Oth­er — Sup­port­ing Statement		12/12/25	22/01/26
Oth­er — Extern­al Fin­ishes Schedule	3295/FS01 Rev 7	12/12/25	22/01/26
Oth­er – Soft Land­scape Works – 5‑year main­ten­ance régime		27/02/26	27/02/26

*Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. Plans of the pro­pos­als are included in Appendix 1.
2. The cur­rent applic­a­tion seeks full plan­ning per­mis­sion to change house types on plots 22 – 25 and 31 – 32 and amend the road and car park­ing design of the ori­gin­al hous­ing devel­op­ment here. This involves a change from six 1½ storey semi-detached houses on the plots to six semi-detached bun­ga­lows. They will all remain 3‑bedroom prop­er­ties. The applic­ants advise that this change is mar­ket driv­en in response to buy­ing require­ments of the public.
3. The ori­gin­al approved house types were taller with pro­trud­ing front porch and dormer win­dows on the upper floor on the front elev­a­tion. Fin­ishes were a mix­ture of tim­ber effect clad­ding and harling. The house types pro­posed now are single storey with large front win­dows and a mix of harling and tim­ber effect clad sec­tions on the front elev­a­tion. The drive­ways will be loc­ated to either side of the semi-detached bun­ga­lows with access being taken from the front of the house and onto the site road. The revised units are loc­ated in a sim­il­ar pos­i­tion on the sites as

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pre­vi­ously approved, plots 22 to 25 are loc­ated to the south of the access road and plots 31 to 32 to the north.

1. Pro­posed fin­ishes are grey con­crete tiled roofs, beige harling, grey tim­ber effect (cement fibre) fea­tures and either blue or grey doors and grey win­dows. Air source heat pumps are pro­posed, and 1.8 metre high tim­ber screen fences will be erec­ted around rear gardens.
2. There are also pro­posed changes to the road design to reflect amend­ments agreed through the Road Con­struc­tion Con­sent. This includes changes to the road align­ment and foot­way lay­out adjoin­ing plots 22 – 31 and 7 – 19, the ped­es­tri­an link north of plot 26 is to be relo­cated fur­ther to the west, and some verges are to be replaced with con­tinu­ous foot­ways. The car park­ing court to south­w­est of the amended house types to the rear of plots 33 – 48 is to be amended to avoid the tree pro­tec­tion zone along the east­ern bound­ary of this sec­tion of the site but retains the same amount of park­ing spaces.
3. No fur­ther changes to the wider ser­vi­cing are pro­posed, with the new houses con­nect­ing into the ori­gin­ally pro­posed ser­vi­cing arrange­ments of pub­lic water and foul drain­age con­nec­tions. The sur­face water from roofs will be dis­posed of by on-site soakaways and roads water will con­nect to the pre­vi­ously approved SUDS scheme in the south­ern part of the site. A Sup­port­ing State­ment has been sub­mit­ted out­lining the changes from the ori­gin­al submission.
4. A fresh plan­ning applic­a­tion was required in this case as the com­bined effect of the change to roads and park­ing arrange­ments and change of house types from 1½ storey semi-detached to single storey semi-detached prop­er­ties was con­sidered to be a mater­i­al change requir­ing con­sent. Con­sequently, these changes could not be approved as a non-mater­i­al vari­ation in this case.

His­tory

1. 07/230/CP – Plan­ning con­sent was ini­tially gran­ted in 2011 for a hous­ing devel­op­ment here of 81 houses and access roads. This con­sent was sub­ject to numer­ous con­di­tions and a sec­tion 75 leg­al agree­ment regard­ing developer oblig­a­tions. Sus­pens­ive plan­ning con­di­tions were sub­sequently dis­charged, and a

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start was made on site. With this ori­gin­al con­sent, pri­or­ity pur­chase hous­ing for loc­al res­id­ents was also iden­ti­fied on the east­ern edge of the site (plots 29 – 48) under the terms of plan­ning con­di­tion 3. A num­ber of non-mater­i­al vari­ations to this con­sent have been gran­ted over the years. Con­di­tion 28 required land­scap­ing details to be approved which were duly approved in 2016.

1. 2018/0242/DET – In 2018 plan­ning con­sent was gran­ted to amend the lay­out of plots 49 – 68 in the south­ern­most part of the site. This lay­out did not include the cur­rent applic­a­tion site and com­prised the afford­able hous­ing pro­vi­sion for the wider scheme (20 houses).
2. 2022/0358/DET – In 2022 con­sent was gran­ted for form­a­tion of a road and SUDS basin in the south­ern part of the site – again this did not include the cur­rent applic­a­tion site area. This SUDS basin is inten­ded to serve the wider hous­ing development.
3. 2024/0149/DET – In 2024 con­sent was gran­ted for a change in house type on plots 20 and 21 from two semi-detached prop­er­ties to two detached prop­er­ties. This also res­ul­ted in a change of drive­way pos­i­tion. This site is loc­ated dir­ectly beside the cur­rent applic­a­tion site.
4. 2024/0297/DET – In 2024 con­sent was gran­ted for a change of house types at plots 49 – 50 and 53 – 60 plus repos­i­tion­ing of plots 51 and 52 at the south­ern end of the wider devel­op­ment. This was essen­tially a remix of the afford­able hous­ing pro­vi­sion for the wider scheme.

Hab­it­ats reg­u­la­tions appraisal

1. It is not con­sidered that the pro­posed devel­op­ment is likely to have a sig­ni­fic­ant impact upon a des­ig­nated European Site (River Spey SAC), with no con­nectiv­ity to this site and the pro­pos­al simply involving a change of house type. A Hab­it­ats Reg­u­la­tions Apprais­al (HRA) was under­taken with an earli­er plan­ning applic­a­tion for the SUDs pond at the far south of the site. This con­cluded that giv­en the dis­tance (around 0.3 km) from the SAC, with no appar­ent nat­ur­al or man­made path­ways between the sites, it was unlikely that any pol­lu­tion would reach the

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des­ig­nated site or that otter would be dis­turbed. Accord­ingly, it was con­cluded that there would not be any det­ri­ment­al impacts on the con­ser­va­tion object­ives and that no fur­ther assess­ment was required. In these over­all cir­cum­stances it is con­sidered that an HRA is not required in this case.

Devel­op­ment plan context

Policies

	Nation­al Plan­ning Frame­work 4 (NPF4) (Policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross (x))
Policy 1	☑ Tack­ling the cli­mate and nature crises
Policy 2	☑ Cli­mate mit­ig­a­tion and adaptation
Policy 3	☑ Biod­iversity
Policy 4	☑ Nat­ur­al places
Policy 5	☑ Soils
Policy 6	☐ Forestry, wood­land and trees
Policy 7	His­tor­ic assets and places
Policy 8	Green belts
Policy 9	☑ Brown­field, vacant and derel­ict land, and empty buildings
Policy 11	☐ Energy
Policy 12	☑ Zero waste
Policy 13	☑ Sus­tain­able transport
Policy 14	☑ Design, qual­ity and place
Policy 15	☑ Loc­al liv­ing and 20 minute neighbourhoods
Policy 16	☑ Qual­ity homes
Policy 17	Rur­al homes
Policy 18	☑ Infra­struc­ture first
Policy 19	Heat­ing and cooling
Policy 20	☑ Blue and green infrastructure
Policy 21	☑ Play, recre­ation and sport
Policy 22	☑ Flood risk and water management
Policy 23	☑ Health and safety

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Policy 24	Digit­al infrastructure
Policy 25	Com­munity wealth building
Policy 26	Busi­ness and industry
Policy 27	City, town, loc­al and com­mer­cial centres
Policy 28	Retail
Policy 29	Rur­al development
Policy 30	Tour­ism
Policy 31	Cul­ture and creativity
Policy 32	Aquacul­ture
Policy 33	Min­er­als

Stra­tegic policy	Cairngorms Nation­al Park Part­ner­ship Plan 2022 – 2027
Loc­al plan policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2021) (Policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross (x))
Policy 1	☑ New hous­ing development
Policy 2	Sup­port­ing eco­nom­ic growth
Policy 3	☑ Design and placemaking
Policy 4	☑ Nat­ur­al heritage
Policy 5	☑ Land­scape
Policy 6	The sit­ing and design of digit­al com­mu­nic­a­tions equipment
Policy 7	Renew­able energy
Policy 8	Open space, sport and recreation
Policy 9	Cul­tur­al heritage
Policy 10	☑ Resources
Policy 11	☑ Developer obligations

1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Devel­op­ment Plan, which com­prises Nation­al Plan­ning Frame­work 4 (NPF4) and the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 (LDP). The full word­ing of policies can be found at: https://www.gov.scot/publications/national-planning-framework‑4/documents/ and at:

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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​-​2​0​2​1​-​w​e​b.pdf

Plan­ning guidance

1. Sup­ple­ment­ary guid­ance also sup­ports the Loc­al Devel­op­ment Plan and provides more detail about how to com­ply with the policies. Guid­ance that is rel­ev­ant to this applic­a­tion is marked with a cross (x).

Policy 1	☑ Hous­ing sup­ple­ment­ary guidance
Policy 2	Sup­port­ing eco­nom­ic growth non-stat­utory guidance
Policy 3	☑ Design and place­mak­ing non-stat­utory guidance
Policy 4	☑ Nat­ur­al her­it­age non-stat­utory guidance
Policy 5	☑ Land­scape non-stat­utory guidance
Policy 7	Renew­able energy non-stat­utory guidance
Policy 8	Open space, sport and recre­ation non-stat­utory guidance
Policy 9	Cul­tur­al her­it­age non-stat­utory guidance
Policy 10	☑ Resources non-stat­utory guidance
Policy 11	☑ Developer oblig­a­tions sup­ple­ment­ary guidance

Con­sulta­tions

1. A sum­mary of the main issues raised by con­sul­tees now follows:
2. The High­land Coun­cil Trans­port­a­tion Team have no objec­tions to the pro­pos­al, not­ing that the pro­posed amend­ments are mod­est and do not raise con­cerns regard­ing the pub­lic road net­work, road safety, park­ing arrange­ments, ped­es­tri­an con­nectiv­ity, or the intern­al lay­out. They advise that these changes reflect modi­fic­a­tions coordin­ated through the road con­struc­tion con­sent pro­cess, with the intro­duc­tion of con­tinu­ous foot­ways wel­comed to improve ped­es­tri­an pri­or­ity and safety. Park­ing arrange­ments retain the required num­ber of spaces and exist­ing ped­es­tri­an links are retained whereby con­nectiv­ity is preserved.
3. New­ton­more Com­munity Coun­cil was con­sul­ted and no com­ments have been received at the time of writing.

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Rep­res­ent­a­tions

1. The applic­a­tion was advert­ised loc­ally, and no rep­res­ent­a­tions have been received.

Apprais­al

1. Sec­tion 25 of the 1997 Act as amended requires applic­a­tions to be determ­ined in accord­ance with the Devel­op­ment Plan. This com­prises Nation­al Plan­ning Frame­work 4 (NPF4) and the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 (LDP). Where there is con­flict between policies, NPF4 policies will be used.
2. The main plan­ning con­sid­er­a­tions in this case are: the prin­ciple of devel­op­ment; land­scape, sit­ing, design and amen­ity; envir­on­ment­al impacts; and ser­vi­cing issues. These are con­sidered in detail below.

Prin­ciple

1. NPF4 Policy 9: Brown­field, vacant and derel­ict land and empty build­ings states that pro­pos­als on green­field sites will not be sup­por­ted unless the site has been alloc­ated for devel­op­ment or the pro­pos­al is expli­citly sup­por­ted by policies in the LDP. Sim­il­arly, Policy 16: Qual­ity homes sets out that devel­op­ment pro­pos­als for new homes on land alloc­ated for hous­ing in the LDP will be supported.
2. LDP Policy 1: New hous­ing devel­op­ment explains that new hous­ing pro­pos­als will be sup­por­ted where they are loc­ated on an iden­ti­fied alloc­ated site or with­in an iden­ti­fied set­tle­ment bound­ary and meet the require­ments for the set­tle­ment as out­lined in the com­munity inform­a­tion sec­tion and rein­force and enhance the char­ac­ter of the settlement.
3. In this regard the applic­a­tion site lies with­in a lar­ger approved hous­ing devel­op­ment loc­ated with­in the set­tle­ment bound­ary of New­ton­more as des­ig­nated in the LDP. The ori­gin­ally approved devel­op­ment for 81 houses lies with­in a wider site which is des­ig­nated for hous­ing devel­op­ment as H1, alloc­ated for a total of 120 dwell­ings. The set­tle­ment state­ment explains that as this is a visu­ally prom­in­ent site the design of any detailed pro­pos­als must take account of the sens­it­ive set­ting of the vil­lage and be designed in a way that pro­motes the highest stand­ards of access, lay­out, build­ing design and pub­lic realm. Medi­um to

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high-risk prob­ab­il­ity flood risk is iden­ti­fied in the south­ern part of the wider site and the need for flood risk, drain­age and land­scap­ing inform­a­tion is noted in the set­tle­ment statement.

1. Also rel­ev­ant in terms of prin­ciple, is the issue of afford­able hous­ing pro­vi­sion. NPF4 Policy 16: Qual­ity homes sets out that devel­op­ment pro­pos­als for new homes will be sup­por­ted where they make pro­vi­sion for afford­able homes to meet an iden­ti­fied need, with pro­vi­sion of at least 25% sought unless the LDP sets out loc­a­tions where a high­er or lower con­tri­bu­tion is sought. In this regard LDP Policy 1: New hous­ing devel­op­ment states that devel­op­ments of four or more dwell­ings should include pro­vi­sion for afford­able hous­ing. For New­ton­more, 25% of the total num­ber of dwell­ings pro­posed must be affordable.
2. In this case afford­able hous­ing pro­vi­sion was agreed with pre­vi­ous applic­a­tions, with a total of 20 houses in the south­ern part of the site iden­ti­fied as being for afford­able pro­vi­sion. The cur­rent applic­a­tion lies out­with this area and does not pro­pose any change to the over­all num­ber of hous­ing units on the wider site. The applic­ants have also advised that under the terms of con­di­tion 3 of the ori­gin­al con­sent, plots 29 – 48 were to be mar­keted for people ordin­ar­ily res­id­ent or work­ing with­in the Cairngorms Nation­al Park. Since this time, they have agreed to sell the 16 flats on plots 33 – 48 to the High­land Hous­ing Alli­ance who will util­ise them as Mid-Mar­ket Rent units. As a res­ult, these units will be avail­able to loc­al res­id­ents or those work­ing loc­ally. The remain­ing four semi-detached units on plots 29 – 32 will con­tin­ue to be offered loc­ally as pre­vi­ously agreed.
3. Set against this back­ground, the prin­ciple of this applic­a­tion to amend the house designs on six plots and amend the road lay­out with­in an approved hous­ing devel­op­ment on land spe­cific­ally des­ig­nated for hous­ing, and where afford­able hous­ing pro­vi­sion has been iden­ti­fied pre­vi­ously, read­ily com­plies with NPF4 and LDP policies. It is the detail of the design and lay­out that falls to be con­sidered now, as follows.

Land­scape, lay­out, design and amenity

1. NPF4 Policy 4: Nat­ur­al places sets out that devel­op­ment pro­pos­als which affect a Nation­al Park will only be sup­por­ted where the object­ives of des­ig­na­tion and the over­all integ­rity of the area will not be com­prom­ised and any sig­ni­fic­ant adverse

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effects on the qual­it­ies for which the area has been des­ig­nated are clearly out­weighed by social, envir­on­ment­al or eco­nom­ic bene­fits of nation­al importance.

1. LDP Policy 5: Land­scape sets out sim­il­ar object­ives, with a pre­sump­tion against any devel­op­ment that does not con­serve or enhance the land­scape char­ac­ter or spe­cial land­scape qual­it­ies of the Cairngorms Nation­al Park
2. NPF4 Policy 14: Design, qual­ity and place states that devel­op­ment pro­pos­als should improve the qual­ity of an area and be con­sist­ent with the six qual­it­ies of suc­cess­ful places. This echoes the require­ments of LDP Policy 3: Design and place­mak­ing, which also sets out prin­ciples of sus­tain­able design to be met with­in new devel­op­ments. As noted earli­er, the set­tle­ment state­ment for New­ton­more sets out the need for high qual­ity design and lay­out on this prom­in­ent site.
3. In terms of amen­ity, NPF4 Policy 23: Health and safety sets out that devel­op­ment which is likely to have a sig­ni­fic­ant adverse effect on health or air qual­ity, or which is likely to raise unac­cept­able noise issues will not be sup­por­ted. LDP Policy 3: Design and place­mak­ing requires new devel­op­ments to pro­tect the amen­ity enjoyed by neigh­bours, includ­ing min­im­isa­tion of dis­turb­ance caused by access to the devel­op­ment site.
4. In this regard the over­all plot lay­out was approved with the ori­gin­al plan­ning applic­a­tion and the cur­rent pro­pos­al simply seeks to change the lay­out slightly in terms of adjust­ing the road design and a sec­tion of car park­ing, and chan­ging to six single-storey semi-detached houses instead of six 1½ storey semi-detached houses. These changes are in keep­ing with the wider lay­out of the site and will not adversely affect the over­all lay­out and appear­ance of the devel­op­ment, being fairly minor changes in response to mar­ket demand and road con­struc­tion requirements.
5. The pre­vi­ously approved house types here were 1½ storey, where­as the pro­posed are single storey with grey con­crete tiled roofs, beige harling, grey clad­ding fea­tures and either blue or grey doors and grey win­dows. The pro­posed units are con­sist­ent with oth­er house types approved else­where on the devel­op­ment, includ­ing oth­er bun­ga­lows to be loc­ated with­in the wider site. This design is con­sidered to be appro­pri­ate to the wider site and raises no design issues.

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1. There will be no loss of amen­ity for the closest exist­ing houses in the area which lie a reas­on­able dis­tance to the east in large, wooded gar­dens. The lay­out, scale and win­dow pos­i­tions of the pro­posed new hous­ing units will not give rise to adverse impacts in terms of pri­vacy and amen­ity for the adja­cent approved plots.
2. In these cir­cum­stances, the pro­posed rel­at­ively minor changes are con­sidered to com­ply with rel­ev­ant NPF4 and LDP policies.

Envir­on­ment­al impacts

1. NPF4 Policy 3: Biod­iversity requires devel­op­ment pro­pos­als to con­trib­ute to the enhance­ment of biod­iversity and to include appro­pri­ate meas­ures to con­serve, restore and enhance biod­iversity pro­por­tion­ate to the nature and scale of the devel­op­ment. NPF4 Policy 4: Nat­ur­al places does not sup­port devel­op­ment which will have an unac­cept­able impact on the nat­ur­al envir­on­ment, or which will have a sig­ni­fic­ant effect on European Site des­ig­na­tions which include Spe­cial Areas of Con­ser­va­tion and Sites of Spe­cial Sci­entif­ic Interest. LDP Policy 4: Nat­ur­al her­it­age sim­il­arly requires new devel­op­ment to have no adverse effects on the integ­rity of des­ig­nated sites, the Nation­al Park or on pro­tec­ted spe­cies or habitats.
2. This applic­a­tion does not involve any addi­tion­al loss of hab­it­at as com­pared to the ori­gin­al applic­a­tions, involving devel­op­ment on six pre­vi­ously approved plots which are part of a wider site being cleared for devel­op­ment. As noted earli­er, there is no con­nectiv­ity to water­courses and in par­tic­u­lar the River Spey SAC and accord­ingly no adverse effects on des­ig­nated sites. The change in house types is not con­sidered to have any par­tic­u­lar impact on biod­iversity, and the revi­sions to park­ing are inten­ded to help ensure that trees are protected.
3. In these over­all cir­cum­stances the devel­op­ment is con­sidered to com­ply with rel­ev­ant NPF4 and LDP policies.

Ser­vi­cing – water environment

1. NPF4 Policy 22: Flood risk and water man­age­ment cre­ates a pre­sump­tion against all devel­op­ment at risk from flood­ing and seeks to ensure that that there is no risk of sur­face water flood­ing to oth­ers, and that all rain and sur­face water is

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man­aged through sus­tain­able urb­an drain­age sys­tems (SUDS) with areas of imper­meable sur­faces min­im­ised. NPF4 Policy 20: Green and blue infra­struc­ture is also of some rel­ev­ance. This sup­ports devel­op­ment which incor­por­ates new or enhanced blue and / or green infra­struc­ture with pro­pos­als for their future man­age­ment to be included. LDP Policy 10: Resources requires devel­op­ment to min­im­ise the use of treated and abstrac­ted water, treat sur­face water in accord­ance with the SUDS manu­al, ensure no adverse impacts on private water sup­plies, ensure no det­ri­ment­al impacts on the water envir­on­ment, be free from flood risk and not increase the risk of flood­ing elsewhere.

1. Drain­age infra­struc­ture for this wider site was approved with pre­vi­ous applic­a­tions, includ­ing a SUDS basin to the south of the site to deal with roads drain­age as approved in 2022. The pro­posed devel­op­ment, which does not increase the num­ber of houses, will con­nect into these pre­vi­ously approved arrange­ments and raises no new issues for the water envir­on­ment. As such it is con­sidered to com­ply with rel­ev­ant NPF4 and LDP policy.

Ser­vi­cing – trans­port and pub­lic access issues

1. NPF4 Policy 13: Sus­tain­able trans­port sup­ports new devel­op­ment where it is line with the sus­tain­able trans­port and invest­ment hier­arch­ies and where appro­pri­ate provides safe links to loc­al facil­it­ies via walk­ing, wheel­ing and cyc­ling net­works, is access­ible by pub­lic trans­port, provides low or zero emis­sion char­ging points and secure cyc­ling park­ing, is designed to incor­por­ate safe cross­ing for walk­ing and wheel­ing and redu­cing the speed of vehicles, takes account of the trans­port needs of diverse groups, and adequately mit­ig­ates any impact on loc­al pub­lic access routes. LDP Policy 3: Design and place­mak­ing also requires devel­op­ments to have appro­pri­ate access and park­ing arrange­ments, pro­mote sus­tain­able trans­port meth­ods and act­ive travel, and to main­tain and max­im­ise all oppor­tun­it­ies for respons­ible out­door access includ­ing links into the exist­ing path network.
2. In this regard the devel­op­ment is part of a wider approved hous­ing lay­out which is des­ig­nated for devel­op­ment in a loc­a­tion which is with­in easy walk­ing dis­tance of the ser­vices and amen­it­ies of New­ton­more, includ­ing the rail­way sta­tion as well as the pet­rol sta­tion and café oppos­ite. It does not adversely affect the road lay­out for

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the remainder of the site, and the changes to the road design in this sec­tion of the site are deemed accept­able by the tech­nic­al con­sul­tee (High­land Coun­cil Trans­port­a­tion Team) who have no objec­tions to the pro­pos­al and indeed have sought some of these changes through their road con­struc­tion con­sent pro­cess. Finally, the devel­op­ment does not impact upon exist­ing out­door access routes, with walk­ing routes such as the Coffin Road track to the south read­ily accessible.

1. In these cir­cum­stances the devel­op­ment is con­sidered to com­ply with rel­ev­ant NPF4 and LDP policy.

Sus­tain­ab­il­ity and cli­mate change

1. NPF4 Policy 1: Tack­ling the cli­mate and nature crises states that when con­sid­er­ing all devel­op­ment pro­pos­als sig­ni­fic­ant weight will be giv­en to the glob­al cli­mate and nature crises. NPF4 Policy 2: Cli­mate mit­ig­a­tion and adapt­a­tion also seeks to ensure that devel­op­ment is sited and designed to min­im­ise life­cycle green­house gas emis­sions as far as pos­sible and to be able to adapt to cli­mate change risks. LDP Policy 3: Design and place­mak­ing also requires new devel­op­ment to min­im­ise the effects on cli­mate change in terms of sit­ing and construction.
2. NPF4 also recog­nises the need to min­im­ise waste, with NPF4 Policy 12: Zero waste seek­ing to encour­age, pro­mote and facil­it­ate devel­op­ment that is con­sist­ent with the waste hier­archy. Sim­il­arly, LDP Policy 3: Design and place­mak­ing requires new devel­op­ment to make arrange­ments for stor­age, segreg­a­tion and col­lec­tion of recyc­lable mater­i­als and pro­vi­sion for com­post­ing, and to make sus­tain­able use of resources includ­ing min­im­isa­tion of waste and energy usage. LDP Policy 10: Resources also seeks to ensure min­im­isa­tion of waste dur­ing con­struc­tion and life of developments.
3. In this regard the pro­posed devel­op­ment on des­ig­nated hous­ing land with­in a vil­lage is con­sidered to com­ply with these object­ives. It will provide hous­ing on land that can be read­ily ser­viced by both pub­lic trans­port and private vehicles, as well as with­in a vil­lage so help­ing to sup­port loc­al ser­vices and amen­it­ies. There is ample space with­in the plots for bin stor­age, air source heat pumps and electric

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vehicle char­ging out­lets are pro­posed, and the largely flat nature of the site will help to min­im­ise impacts on soils.

1. In these over­all cir­cum­stances the devel­op­ment is con­sidered to com­ply with NPF and LDP policy.

Developer oblig­a­tions

1. NPF4 Policy 18: Infra­struc­ture first sets out that the impacts of devel­op­ments on infra­struc­ture must be mit­ig­ated. Sim­il­arly, LDP Policy 11: Developer oblig­a­tions states that where devel­op­ment gen­er­ates a need to increase and improve pub­lic ser­vices or infra­struc­ture or to mit­ig­ate adverse effects, the developer will be required to make a fair and reas­on­able con­tri­bu­tion, in cash or kind, towards the addi­tion­al costs or requirements.
2. In this case, developer oblig­a­tions were con­sidered at the time of the ori­gin­al plan­ning applic­a­tion for the over­all devel­op­ment, with a leg­al agree­ment in place to secure con­tri­bu­tions for each house towards the pro­vi­sion and enhance­ment of recre­ation­al and oth­er com­munity facil­it­ies. The cur­rent pro­pos­al does not involve any increase in the total num­ber of hous­ing units already con­sen­ted on the site, and the amended house types remain 3 bed­roomed units. As such, there will be no addi­tion­al impact on loc­al infra­struc­ture when com­pared with the scheme which is already con­sen­ted. Accord­ingly, the devel­op­ment is con­sidered to com­ply with NPF and LDP policy.

Con­clu­sion

1. The ongo­ing devel­op­ment of a des­ig­nated hous­ing site with­in New­ton­more is wel­comed. The pro­posed changes to house type and amend­ments to the roads design raise no sig­ni­fic­ant land use plan­ning issues. Con­di­tions to secure imple­ment­a­tion of land­scap­ing, lay­out, park­ing etc. can be addressed, along with any rel­ev­ant imple­ment­a­tion con­di­tions from the ori­gin­al con­sent which can be reim­posed. The devel­op­ment is con­sidered to com­ply with all rel­ev­ant NPF4 and LDP policies, and there are no oth­er mater­i­al con­sid­er­a­tions which out­weigh this con­clu­sion. On this basis approv­al is recommended.

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Recom­mend­a­tion

1. That mem­bers of the com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Change of house types on Plots 22 – 25 and 31 – 32 and the road and car park­ing design (07/230/CP) (2024/0149/DET) at Land Between Perth Road and Sta­tion Road New­ton­more sub­ject to the fol­low­ing conditions:

Con­di­tions

Those con­di­tions lis­ted below in bold text are sus­pens­ive con­di­tions, which require to be dis­charged pri­or to imple­ment­a­tion of the development.

1. The devel­op­ment to which this per­mis­sion relates must be begun not later than the expir­a­tion of 3 years begin­ning with the date on which the per­mis­sion is granted.

   Reas­on: The time lim­it con­di­tion is imposed in order to com­ply with the require­ments of sec­tion 58 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 as amended.

2. The houses hereby approved shall not be occu­pied until the drain­age arrange­ments (foul and sur­face) have been imple­men­ted in accord­ance with the approved details.

   Reas­on: To ensure that sus­tain­able drain­age arrange­ments avoid­ing unac­cept­able impacts on the envir­on­ment are imple­men­ted in accord­ance with Policy 22: Flood Risk and water man­age­ment of the Nation­al Plan­ning Frame­work 4 and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

3. All land­scap­ing and plant­ing shall be imple­men­ted in accord­ance with the approved details in the first plant­ing sea­son fol­low­ing the com­ple­tion of the houses hereby approved. The land­scap­ing shall be retained and main­tained there­after in accord­ance with the approved plans and details through­out the life­time of the devel­op­ment hereby approved.

   Reas­on: To ensure the long-term reten­tion of an appro­pri­ate land­scap­ing set­ting, enhanced biod­iversity, and to ensure the devel­op­ment com­ple­ments and enhances

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the land­scape accord­ance with Policy 3: Biod­iversity and Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work 4 and Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. The devel­op­ment hereby approved shall be con­struc­ted in accord­ance with the approved details and plans.

   Reas­on: To ensure the devel­op­ment com­ple­ments and enhances the land­scape in accord­ance with Policy 4: Nat­ur­al Places of the Nation­al Plan­ning Frame­work 4 and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

2. No res­id­en­tial unit shall be occu­pied until its park­ing and access arrange­ments have been com­pleted in accord­ance with the approved plans. This infra­struc­ture to be retained there­after through­out of the life­time of the devel­op­ment hereby approved.

   Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced in accord­ance with Policy 13: Sus­tain­able Trans­port of the Nation­al Plan­ning Frame­work 4 and Policy 3: Design and Place­mak­ing of the Cairngorms Loc­al Devel­op­ment Plan 2021

3. Unless oth­er­wise agreed in writ­ing with the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity, and not­with­stand­ing the pro­vi­sions of the Town and Coun­try Plan­ning (Gen­er­al Per­mit­ted Devel­op­ment) (Scot­land) Order 1992 or any order amend­ing it, the front gar­dens of the houses approved shall be main­tained in an open plan format.

   Reas­on: To main­tain a con­sist­ent char­ac­ter through­out the wider devel­op­ment, improve the qual­ity of the area and ensure the devel­op­ment com­ple­ments and enhances the land­scape in accord­ance with Policy 4: Nat­ur­al Places and Policy 14: Design Qual­ity and Place of the Nation­al Plan­ning Frame­work 4 and Policy 3: Design and Place­mak­ing and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

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1. No res­id­en­tial unit shall be occu­pied until it is served by a road and foot­way con­struc­ted to adopt­able standards.

   Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily ser­viced in accord­ance with Policy 13: Sus­tain­able Trans­port of the Nation­al Plan­ning Frame­work 4 and Policy 3: Design and Place­mak­ing of the Cairngorms Loc­al Devel­op­ment Plan 2021.

Inform­at­ives

1. The per­son under­tak­ing the devel­op­ment is required to give the Plan­ning Author­ity pri­or writ­ten noti­fic­a­tion of the date which it is inten­ded to com­mence the devel­op­ment. Attached to this decision notice is a Notice of Ini­ti­ation of Devel­op­ment for com­ple­tion and sub­mis­sion. Sub­mis­sion of this inform­a­tion assists the Cairngorms Nation­al Park Author­ity Mon­it­or­ing and Enforce­ment Officer in mon­it­or­ing act­ive work with­in the area to ensure com­pli­ance with the approved details and to identi­fy and cor­rect any poten­tial prob­lems, as they arise, rather than later when it may be more dif­fi­cult and more costly to rec­ti­fy. Fail­ure to give notice would con­sti­tute a breach of plan­ning con­trol which may res­ult in enforce­ment action being taken.
2. Fol­low­ing com­ple­tion of the devel­op­ment, a noti­fic­a­tion of com­ple­tion shall, as soon as prac­tic­able, be giv­en to the Plan­ning Author­ity. Attached to this decision notice is a Notice of Com­ple­tion of Devel­op­ment for com­ple­tion and sub­mis­sion. Sub­mis­sion of this form will assist the Cairngorms Nation­al Park Author­ity Mon­it­or­ing and Enforce­ment Officer in mak­ing an final inspec­tion and check­ing com­pli­ance with the approved draw­ings and con­di­tions. If the devel­op­ment hereby approved is to be car­ried out in phases, then a notice of com­ple­tion should be sub­mit­ted at the com­ple­tion of each phase.
3. Con­struc­tion work (includ­ing the loading/​unloading of deliv­ery vehicles, plant or oth­er machinery) should not take place out with the hours of 0800 hours to 1900 hours Mondays to Fri­days, 0800 hours to 1300 hours on Sat­urdays or at any time or Bank Hol­i­days to min­im­ise dis­turb­ance to res­id­ents in the area.

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1. The per­son under­tak­ing the devel­op­ment should ensure that they com­ply with all Road Con­struc­tion Con­sent (RCC) require­ments – con­tact High­land Coun­cil Trans­port­a­tion Team for advice as required. The Trans­port­a­tion Team has also noted that amend­ments to the pre­vi­ously approved RCC must be pro­cessed and approved under RCC 23/05141/RCC. No works affect­ing adopt­able fea­tures may com­mence before approv­al of the amended RCC.