Item8AACarParkDinnet20210143DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Tem­por­ary Change of Use of Farm­yard to Form Car Park and Asso­ci­ated Toi­let and Refuse Facil­it­ies at Land At Clarack Din­net Aboyne Aber­deen­shire AB34 5LP REF­ER­ENCE: 2021/0143/DET

APPLIC­ANT: Din­net And Kinord Estate

DATE CALLED-IN: 3 May 2021

RECOM­MEND­A­TION: Approve sub­ject to conditions.

CASE OFFICER: Alan Atkins, Plan­ning Officer

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

CNPA Plan­ning Com­mit­tee Applic­a­tion Site 0 35 70 140 Meters N

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

SITE DESCRIP­TION, PRO­POS­AL AND HIS­TORY Site Description

1. The site is loc­ated adja­cent to the A93 (Firmounth Road) west of Din­net, Aboyne The site is cur­rently occu­pied by a num­ber of build­ings to the north and west, farm­land land to the east and A93 to the south. The build­ings include a cot­tage, stead­ings, cattle court and an open barn. None of the build­ings on site are lis­ted, but the Cat­egory C Lis­ted Din­net Clarack farm­house, stead­ing and old dairy (LB 9291) are loc­ated nearby.

2. The site is loc­ated to the west of Din­net, between Loch Kinord and Clarack Loch. Access to the site is cur­rently avail­able on the south­ern bound­ary of the site via an inform­al track from the A93.

3. The site lies out­side nearby des­ig­nated areas, although shares a bound­ary with the Glen­more Nation­al Nature Reserve. Oth­er des­ig­nated areas are loc­ated at approx­im­ately 0.2km north-west of the site. These include the Muir of Din­net SPA, Muir of Din­net SAC and River Dee SAC.

Pro­pos­al

1. The draw­ings and doc­u­ments asso­ci­ated with this applic­a­tion are lis­ted below and are avail­able on the Cairngorms Nation­al Park Author­ity web­site unless noted oth­er­wise: http://​www​.eplan​ningcnpa​.co​.uk/​o​n​line- applications/applicationDetails.do?activeTab=summary&keyVal=QS9VDJSI0CH00 Title Draw­ing Date on Date Received Num­ber Plan* Plans Plan — Loc­a­tion Plan. 01/04/2021 05/05/2021 Plan — Site Plan 01/04/2021 05/05/2021 Plan — Pro­posed Intern­al 20112 001REVA 30/03/2021 05/05/2021 Arrange­ments. Plan ‑Tem­por­ary Toi­let Block 3366_17PL_001 01/04/2021 05/05/2021 Arrange­ments. Plan- Toi­let Block Draw­ing NBSO 800 10/02/2013 05/05/2021 Plan — Adopt­able Sur­faces RAC-22-XX-DR- 16/04/2021 05/05/2021 C‑0101A Plan — Gen­er­al Arrange­ment LC90J0001/REVA 20/04/2021 05/05/2021 Plan — Hard and Soft NB50 800 REVI 01/04/2021 05/05/2021 Landscaping.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 Plan — Drain­age Lay­out. RAC-22-XX-RR- 16/04/2021 05/05/2021 C‑0103‑B Plan — Vis­ib­il­ity Splays RAC-22-DR-C- 16/04/2021 05/05/2021 0100-C-Revi­sion C Plan — Gen­er­al Arrange­ment RAC-22-DR-C- 25/05/2021 25/05/2021 0100-C-Revi­sion C Sup­port­ing Doc­u­ment­a­tion Drain­age State­ment C5485 Rev.B 16/04/2021 05/05/2021 Tech­nic­al Note 05/05/2021 Scotloo Toi­let Block 05/05/2021 pho­to­graph Plan — Visu­al Ana­lys­is Along 20/03/2021 25/05/2021 the A93 Cor­ridor *Where no spe­cif­ic day of month has been provided on the plan, the sys­tem defaults to the 1^st of the month.

1. The applic­a­tion seeks con­sent for a tem­por­ary change of use of the farm­yard to form a car park, the erec­tion of an asso­ci­ated sefl-con­tained toi­let block and refuse facil­it­ies. The toi­let block will be 5.48m (width), 2.69m (length) and 3.37m (height). The pro­pos­als also include car park­ing tick­et machines and the bin store will be bounded by a 2m high close boarded, tim­ber fence.

2. The pro­pos­als include the form­al­isa­tion of the exist­ing junc­tion with the A93. The exist­ing build­ings on the site will be main­tained, and the car park formed in a cent­ral, open space. The applic­a­tion is for a two-year tem­por­ary per­mis­sion to address vis­it­or needs in the area while the applic­ant devel­ops detailed plans for longer term vis­it­or facil­it­ies in the area.

3. The applic­a­tion is sup­por­ted by the fol­low­ing doc­u­ment­a­tion: a) Drain­age State­ment – this out­lines the cur­rent and his­tor­ic drain­age pat­terns for the site and provides details regard­ing sur­face water, soil clas­si­fic­a­tion, soil poros­ity and the wastewa­ter drain­age proposals.

b) Tech­nic­al Note – this out­lines the design and oper­a­tion­al details of the pro­pos­als, includ­ing roads and access, site lay­out and refuse col­lec­tion arrangements.

Plans for the pro­pos­als are included with­in Appendix 1. History

1. PRE/2020/0019 — Pro­posed form­a­tion of a car park and cara­van / camper­van ser­vi­cing station.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 Hab­it­ats Reg­u­la­tions Appraisal

1. A Hab­it­ats Reg­u­la­tions Apprais­al [HRA] has been under­taken to con­sider the effects of the pro­pos­al upon the con­ser­va­tion object­ives of the European Sites at Muir of Din­net Spe­cial Area of Con­ser­va­tion (SAC), Muir of Din­net Spe­cial Pro­tec­tion Area (SPA) or River Dee SAC. The full apprais­al is attached at Appendix 2.

2. The apprais­al con­cludes that all the con­ser­va­tion object­ives of all the des­ig­na­tions will be met and there­fore there will not be an adverse effect on site integ­rity of any rel­ev­ant European site. DEVEL­OP­MENT PLAN CON­TEXT Policies Nation­al Policy Scot­tish Plan­ning Policy 2014 Stra­tegic Policy Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022 Loc­al Plan Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2021) Policy Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross POLICY I NEW HOUS­ING DEVEL­OP­MENT POLICY 2 SUP­PORT­ING ECO­NOM­IC GROWTH X POLICY 3 DESIGN AND PLACE­MAK­ING X POLICY 4 NAT­UR­AL HER­IT­AGE X POLICY 5 LAND­SCAPE X POLICY 6 THE SIT­ING AND DESIGN OF DIGIT­AL COM­MU­NIC­A­TIONS EQUIP­MENT POLICY 7 RENEW­ABLE ENERGY POLICY 8 OPEN SPACE, SPORT AND RECRE­ATION POLICY 9 CUL­TUR­AL HER­IT­AGE POLICY 10 RESOURCES X POLICY 11 DEVELOPER OBLIGATIONS

3. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Loc­al Devel­op­ment Plan. The full word­ing of policies can be found at: https://​cairngorms​.co​.uk/​w​p​-​c​o​n​t​e​n​t​/​u​p​l​o​a​d​s​/​2​0​2​1​/​0​3​/​C​N​P​A​-​L​D​P​-​2​0​2​1​-​w​e​b.pdf Plan­ning Guidance
4. 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 (2015) Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guid­ance X Policy 2 Policy 3 Sus­tain­able Design Non-Stat­utory Guid­ance (2015) X Policy 4 Nat­ur­al Her­it­age Sup­ple­ment­ary Guid­ance X

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 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 (2015) CON­SULTA­TIONS Sum­mary of the main issues raised by consultees

1. Scot­tish Water has no objec­tions to this plan­ning applic­a­tion, how­ever a Pre- Devel­op­ment Enquiry (P.D.E.) form must be sub­mit­ted to Scot­tish Water pri­or to any form­al tech­nic­al applic­a­tion being submitted.

2. NatureScot has no objec­tions to the pro­pos­als. It is recog­nised that, giv­en the site lies out­with any pro­tec­ted areas, there will not be any adverse impacts on the spe­cial interests locally.

3. Trans­port Scot­land has no objec­tions to the proposals.

4. Aber­deen­shire Coun­cil Archae­ology Team state no archae­olo­gic­al mit­ig­a­tion is required.

5. Aber­deen­shire Coun­cil Con­tam­in­ated Land Team state that under cur­rent legis­la­tion, there does not appear to be any issues of con­cern. As a con­sequence of this, no fur­ther con­tam­in­ated land inform­a­tion is required.

6. Aber­deen­shire Coun­cil Flood Risk and Coastal Pro­tec­tion Team has no objec­tions to the pro­pos­al, sub­ject to fur­ther inform­a­tion required regard­ing the extent of the area pro­posed for the soakaway, the area to be covered with sized gran­ite chip­pings, and wheth­er this is a bet­ter drain­age solu­tion than exist­ing, details of any non por­ous sur­fa­cing being pro­posed, and details of the over­land flow paths for the whole site.

7. Aber­deen­shire Coun­cil Waste Man­age­ment Team has no objec­tions sub­ject to the planned refuse facil­it­ies hav­ing a trade waste agree­ment with a licensed agency, from whom they can be serviced.

8. Aber­deen­shire Coun­cil Roads Team have raised issues regard­ing drain­age, but these have been addressed by the applic­ant in the form of a writ­ten response and an amended lay­out plan. The Ser­vice does not object to the applic­a­tion sub­ject to appro­pri­ate con­di­tions and advisor­ies being applied should plan­ning per­mis­sion be granted.

9. Aber­deen­shire Coun­cil Envir­on­ment­al Plan­ner has no objec­tions how­ever recom­mends that a Set­ting Assess­ment is car­ried out and that the lis­ted build­ing is secured with lim­ited access.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

1. CNPA Out­door Access Officer states that it is evid­ent that there is estab­lished demand for park­ing in the area with prob­lems arising at times of peak need and are thereby sup­port­ive of the prin­cip­al of enhanced pro­vi­sion as a means of alle­vi­at­ing this whilst also provid­ing more effect­ively for vis­it­ors to the Nature Reserve.

2. There are no fur­ther com­ments to make on the basis there are no observed impacts upon stat­utory access rights.

3. CNPA Land­scape Advisor states that the site pos­sesses land­scape capa­city for this type of devel­op­ment. Non­ethe­less, the land­scape is sens­it­ive to the pro­pos­als, par­tic­u­larly how they relate to the rur­al land­scape char­ac­ter, dis­tinct land­scape pat­tern, views of his­tor­ic build­ings (Cat­egory C lis­ted), which con­trib­ute to the SLQ’s (Spe­cial Land­scape Qual­it­ies), adja­cent loc­al wood­land and loc­al views by those par­tak­ing in recre­ation and by the res­id­ents of Clarack Cottage.

4. The land­scape and visu­al effects of the pro­pos­al will depend on its design details, con­struc­tion, man­age­ment and res­tor­a­tion, and it is advised that fur­ther inform­a­tion is sub­mit­ted, or con­trols provided, on the fol­low­ing: roads sings and fen­cing details, final­ised land­scape plan, and spe­cific­a­tions, details on ongo­ing land­scape man­age­ment, land­scape res­tor­a­tion pro­pos­als, pre­dicted land­scape and visu­al effects.

5. CNPA Eco­logy Advisor states that the pro­pos­als will not neg­at­ively impact on the exist­ing eco­logy of the site which is mainly hard stand­ing with a few areas of low grow­ing veget­a­tion which have developed around the edges. There are his­tor­ic records of barn owl using the farm build­ings and they are likely to sup­port bats but these build­ings will not be impacted on by the pro­pos­als. The pro­pos­als include plant­ing plans for nat­ive hedges and tree plant­ing on the site bound­ary and these are wel­comed- fur­ther inform­a­tion is required as detailed in the Land­scape advice. A HRA has been under­taken to assess likely impacts from the pro­pos­al on the adja­cent Pro­tec­ted Areas.

6. Mid — Deeside Com­munity Coun­cil has respon­ded in sup­port of the applic­a­tion, and recog­nise that that last year there were impacts on the Muir of Din­net Nature Reserve from high vis­it­or num­bers, includ­ing through park­ing on verges and wild camp­ing around Loch Kinord. Insuf­fi­cient form­al toi­let facil­it­ies for the num­ber of vis­it­ors also res­ul­ted in anti­so­cial beha­viours around the Loch. If vis­it­ors to the Loch can be encour­aged to park in one place, then dam­age to the Nature Reserve could poten­tially be lim­ited through con­trolling routes of access and improv­ing the abil­ity to mes­sage vis­it­ors about appro­pri­ate use of the area. The pro­vi­sion of pub­lic toi­let facil­it­ies may also reduce anti­so­cial beha­viours. It is, there­fore, appre­ci­ated that the pro­posed devel­op­ment has the poten­tial to alle­vi­ate pres­sure on the Nature Reserve by provid­ing form­al park­ing and toi­let­ing facilities.

7. How­ever, there are con­cerns that, in provid­ing an extra 70 spaces for park­ing, there is the poten­tial for the exist­ing prob­lem to be exacer­bated rather than improved if meas­ures are not taken sim­ul­tan­eously to ensure that a sim­il­ar num­ber of cars that cur­rently park else­where to access the Loch are pre­ven­ted from doing so. There­fore, the Mid — Deeside Com­munity Coun­cil are con­cerned that the pro­posed applic­a­tion could have the unin­ten­ded con­sequence of poten­tially exacer­bat­ing the cur­rent impacts that high vis­it­or num­bers are hav­ing on the Muir of Din­net Nature Reserve.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

1. It is reques­ted that any approv­al of this applic­a­tion should only fol­low the pre­par­a­tion of an impact assess­ment under­taken by the applic­ant which demon­strates that the pro­pos­al will not increase but prefer­ably reduce the over­all impact of vis­it­ors to the Loch. It is believed that any per­mis­sion gran­ted should be sub­ject to ongo­ing mon­it­or­ing of vis­it­or num­bers using the facil­ity, and any res­ult­ing impact on the Loch, to ensure that use of the car park does not increase pres­sure on breed­ing birds or on the Nature Reserve as a whole. The CNPA should also have the abil­ity to require that the use of the addi­tion­al park­ing provided at the Clarack Stead­ing must cease, or be reduced, if any impact on the Nature Reserve arising from its use is con­sidered unsustainable.

REP­RES­ENT­A­TIONS

1. There have been no let­ters of rep­res­ent­a­tion sub­mit­ted. APPRAISAL
2. The main plan­ning con­sid­er­a­tions are con­sidered to be: the prin­ciple of devel­op­ment; the impact upon land­scape, sit­ing and design; the envir­on­ment­al impacts; amen­ity impacts; access and ser­vi­cing impacts.

Prin­ciple of Development

1. Policy 2.3: Oth­er tour­ism and leis­ure devel­op­ments of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 per­mits devel­op­ment which enhances form­al and inform­al recre­ation and leis­ure facil­it­ies; tour­ism and leis­ure-based busi­ness activ­it­ies and attrac­tions; and improved oppor­tun­it­ies for respons­ible out­door access will be sup­por­ted where:

a) it has no adverse envir­on­ment­al or amen­ity impacts on the site or neigh­bour­ing areas; and b) it makes a pos­it­ive con­tri­bu­tion to the exper­i­ence of vis­it­ors; and c) it sup­ports or con­trib­utes to a year-round economy

1. This applic­a­tion for tour­ism facil­it­ies looks to address the lack of suit­able park­ing, toi­let and waste dis­pos­al facil­it­ies at the site. The applic­a­tion aims to improve the man­age­ment and ease the grow­ing pres­sure from cars, and camper vans with­in the wider area. The pro­pos­al uses and exist­ing area of hard stand­ing in a less sens­it­ive loc­a­tion than some smal­ler park­ing areas around the Lochs Kinord and Dav­an on the estate. By provid­ing ded­ic­ated and sus­tain­able waste dis­pos­al options to vis­it­ors, the facil­ity may be seen as attract­ive to vis­it­ors, com­pli­ment­ary to the exist­ing facil­ity, and lead to the avoid­ance of unman­aged waste dis­pos­al in the loc­al environment.

2. On this basis, the prin­ciple is con­sidered to accord with Policy 2: Sup­port­ing Eco­nom­ic Growth of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sub­ject to com­pli­ance with oth­er rel­ev­ant Loc­al Devel­op­ment Plan policies.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 Land­scape Impacts

1. Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 pre­sumes against devel­op­ment which does not con­serve and enhance the land­scape char­ac­ter and spe­cial qual­it­ies of the Nation­al Park and in par­tic­u­lar the set­ting of the pro­posed development.

2. The CNPA land­scape officer has respon­ded that, although the site pos­sesses the capa­city for a pro­pos­al of this type, there is still the poten­tial for land­scape and visu­al effects. Fur­ther inform­a­tion has been reques­ted, which can be covered through appro­pri­ate conditions.

3. The applic­a­tion itself is for a peri­od of two years, in order to allow the estate to devel­op more detailed plans for the wider site. The most sig­ni­fic­ant change will be the use of the area for park­ing and the install­a­tion of the self-con­tained toi­let facil­ity on the exist­ing farm­yard. Visu­ally, this will be to the rear of the main farm build­ings and lis­ted build­ing which face the A93, but with­in the envel­ope where farm vehicles, machinery and farm sup­plies will have been stored and seen in the past.

4. The devel­op­ment com­pon­ents would not intro­duce any not­able det­ri­ment­al change to the char­ac­ter of the site and imme­di­ate area, and sub­ject to the con­di­tions being included, the pro­pos­al is con­sidered to com­ply with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Sit­ing and Design

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 requires that all devel­op­ment pro­pos­als should be designed to be sym­path­et­ic to the tra­di­tion­al pat­tern and char­ac­ter of the sur­round­ing area, loc­al ver­nacu­lar and loc­al dis­tinct­ive­ness whilst encour­aging innov­a­tion in design and use of mater­i­als. Devel­op­ment should seek to use mater­i­als and land­scap­ing that will com­ple­ment the set­ting of the devel­op­ment. Devel­op­ment should also ensure that the amen­ity of neigh­bours is protected.

2. In terms of the pro­posed addi­tion­al car park­ing spaces, the pro­pos­al will be designed, and con­struc­ted using mater­i­als that will not have adverse impact on the char­ac­ter of the sur­round­ing area. Giv­en its size, scale and pos­i­tion­ing, the pro­posed toi­let block will not res­ult in any loss of res­id­en­tial amen­ity. Fur­ther­more, the pro­posed bin store, will be screened by a 2m high tim­ber fence. The Council’s Envir­on­ment­al Officer has sug­ges­ted that a Set­ting Assess­ment be under­taken, how­ever, it is not con­sidered that the scale and impact of the pro­posed devel­op­ment war­rants this. The design and pro­posed mater­i­als for the devel­op­ment are in – keep­ing with those that might be expec­ted to be found in this loc­al­ity, and there­fore has min­im­al impact on the set­ting of the site.

3. Sig­ni­fic­antly, these pro­pos­als are not per­man­ent and a fur­ther applic­a­tion will be required to be made and con­sen­ted in order to cre­ate a per­man­ent facil­ity and would be expec­ted to address the visu­al amen­ity of the wider site and the use and con­di­tion of the lis­ted build­ings. On this basis the pro­pos­al is con­sidered to accord with Policy

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Envir­on­ment­al Impacts

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to ensure that there is no adverse impact upon des­ig­nated areas, pro­tec­ted spe­cies or biod­iversity whilst Policy 10: Resources sets out the need to fully con­sider impacts on flood­ing and water resources.

2. It is pro­posed to recon­fig­ure the exist­ing car park to provide addi­tion­al park­ing, erect a toi­let block, and refuse dis­pos­al facil­it­ies. In this instance, there will no hab­it­at loss. Regard­ing the impact of the pro­pos­al on des­ig­nated sites, a Hab­it­ats Reg­u­la­tions Apprais­al has been under­taken (Appendix 2) which con­cludes apprais­al con­cludes that all the con­ser­va­tion object­ives of all the des­ig­na­tions will be met and there­fore there will not be an adverse effect on site integ­rity of Muir of Din­net SAC, Muir of Din­net SPA or River Dee SAC. On this basis the pro­pos­al is con­sidered to accord with Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

3. Regard­ing oth­er envir­on­ment­al mat­ters, it is con­firmed that the site is not at risk of flood­ing from any source nor will it impact on any neigh­bour­ing res­id­en­tial prop­er­ties in terms of flood­ing. The pro­pos­al is there­fore con­sidered to com­ply with Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

Ser­vi­cing and Access

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 sets out the need for new devel­op­ment to be sat­is­fact­or­ily ser­viced and without harm to resources or the environment.

2. Waste water in terms of foul drain­age – Aber­deen­shire Coun­cil Waste Team have con­firmed that a Trade Waste Agree­ment is required with a licensed agency in order for the pro­pos­al to be ser­viced. This can be addressed through an appro­pri­ate con­di­tion. In terms of sur­face water drain­age, the site is cur­rently sur­faced in per­meable mater­i­als. How­ever, there are plans to tar­mac more of the site. Aber­deen­shire Coun­cil Floods Team have reques­ted fur­ther inform­a­tion from the applic­ant regard­ing drain­age, over­land path flows and mater­i­als. The applic­ant has sub­mit­ted an amended plan, and a writ­ten response. Fur­ther con­sulta­tion with the Council’s Floods Team has con­firmed that the amend­ments are accept­able and that no fur­ther inform­a­tion is required. There­fore, there are no anti­cip­ated issues in respect of sur­face water management.

3. The devel­op­ment com­pon­ents would not intro­duce any not­able det­ri­ment­al change to the char­ac­ter of the site and imme­di­ate area, and sub­ject to the con­di­tions being included, the pro­pos­al is con­sidered to com­ply with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 states that all new devel­op­ment must include an appro­pri­ate means of access, egress and space for off street parking

2. The car park has estab­lished access from the pub­lic road and the pro­pos­al looks to provide a more form­al­ised access point to the car park­ing. The farm yard area and cir­cu­la­tion space is suf­fi­cient to accom­mod­ate the devel­op­ment and the pro­pos­al is con­sidered to accord with Policy 3: Design and Sus­tain­able Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

3. Aber­deen­shire Coun­cil Roads Officer has no objec­tions to the applic­a­tion, sub­ject to conditions.

4. On this over­all basis the pro­pos­al is con­sidered to com­ply with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 with regards to its ser­vi­cing and access.

Amen­ity

1. Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 seeks to ensure that new devel­op­ment pro­tects amen­ity cur­rently enjoyed by neigh­bour­ing occu­pants to devel­op­ment sites.

2. There is one unoc­cu­pied res­id­en­tial prop­erty on the site, along with oth­er agri­cul­tur­al build­ings. Clarack Cot­tage is loc­ated east of the site and has the abil­ity to share an access through the farm but also has its own access to the A93. North Lodge is loc­ated west of the site on the south side of the A93 but most of its view to the park­ing area will be obscured by the exist­ing farm build­ings. All of those prop­er­ties on or close to the site are in the own­er­ship of the applic­ant and it is not con­sidered that there will be any loss of res­id­en­tial amen­ity as a res­ult of the proposals.

3. On this over­all basis the pro­pos­al is con­sidered to com­ply with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 with regards to neigh­bour­ing amenity.

Oth­er Issues Raised in Con­sulta­tions and Representations

1. Com­ments received from the Mid — Deeside Com­munity Coun­cil on 08/06/2021 have been out­lined above.

Dur­a­tion of Consent

1. The applic­a­tion seeks the grant­ing of a tem­por­ary, two year con­sent. This is to address a lack of suit­able park­ing pro­vi­sion loc­ally in the short term, until a more per­man­ent vis­it­or facil­ity can be planned in detail as part of the estate’s wider vis­it­or man­age­ment pro­pos­als. Giv­en the tim­ing of the applic­a­tion and the Committee’s decision, officers recom­mend that the con­sent provides a peri­od of three years from the end of June 2021 to the end of June 2024 for oper­a­tion of the tem­por­ary facil­ity and its remov­al if no oth­er con­sent is gran­ted. This approach would provide two full cal­en­dar years for ।।

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 oper­a­tion of the facil­ity and allow the estate to con­sider how effect­ive the facil­ity is and what changes might be required in an applic­a­tion for a per­man­ent facil­ity, as well as time in 2021 for install­a­tion and if required, time in 2024 for removal.

CON­CLU­SION

1. The applic­a­tion for tour­ism facil­it­ies looks to address the lack of loc­al short term park­ing, toi­let and waste dis­pos­al facil­it­ies. The pro­pos­al extends an addi­tion­al park­ing facil­ity, which would res­ult in any addi­tion­al hab­it­at loss. Sub­ject to the inclu­sion of the plan­ning con­di­tions and time-lim­ited dur­a­tion for con­sent, the pro­pos­al is con­sidered to accord with the rel­ev­ant loc­al devel­op­ment plan policies of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021 and approv­al is there­fore recommended.

RECOM­MEND­A­TION That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to APPROVE the Tem­por­ary Change of Use of Farm­yard to Form Car Park and Asso­ci­ated Toi­let and Refuse Facil­it­ies at Land At Clarack Din­net Aboyne Aber­deen­shire AB34 5LP sub­ject to the fol­low­ing con­di­tions: Those con­di­tions lis­ted below in bold text are sus­pens­ive con­di­tions, which require to be dis­charged pri­or to imple­ment­a­tion of the devel­op­ment. Conditions

1. No work shall com­mence on site until a final­ised, fully detailed land­scap­ing scheme show­ing both hard and soft land­scap­ing pro­pos­als (pre­pared to meet BS 11091) and the future main­ten­ance and man­age­ment of the pro­posed scheme from bey­ond the year one, has been sub­mit­ted to and approved in writ­ing by the CNPA act­ing as Plan­ning Author­ity. This shall include, but not be lim­ited to hard land­scap­ing mater­i­al spe­cific­a­tion and plant and tree spe­cies and plant­ing spe­cific­a­tions and will also include any land­scape res­tor­a­tion pro­pos­als, includ­ing the remov­al of struc­tures and ground/​vegetation restoration.

There­after the devel­op­ment shall be imple­men­ted in accord­ance with those approved details and not later than the expiry of the next plant­ing sea­son fol­low­ing com­mence­ment of the devel­op­ment or with­in such time as approved by CNPA act­ing as Plan­ning Author­ity. Reas­on: To ensure the reten­tion of an appro­pri­ate land­scape set­ting, enhance biod­iversity and ensure the devel­op­ment will not have an adverse impact on the land­scape set­ting or eco­lo­gic­al qual­ity of the devel­op­ment in accord­ance with Policy 4: Nat­ur­al Her­it­age and Policy 5 Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. **No work shall com­mence on site until a Con­struc­tion Meth­od State­ment (CMS) and pro­gramme of works has been sub­mit­ted to and approved in

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 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; b) Con­struc­tion pol­lu­tion pre­ven­tion meas­ures; c) Pro­gramme of works.**

The con­struc­tion of the devel­op­ment shall there­after be imple­men­ted in accord­ance with the approved details. Reas­on: The works are to be under­taken in an envir­on­ment­ally sens­it­ive area. It is there­fore neces­sary for a Con­struc­tion Meth­od State­ment to be agreed pri­or to the com­mence­ment of any works to ensure that work on site pro­ceeds without dam­age to the envir­on­ment in accord­ance with Policy 4: Nat­ur­al Her­it­age and Policy 10: Resources of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. Pri­or to the facil­ity becom­ing oper­a­tion­al, vis­ib­il­ity splays, meas­ur­ing 2.4m x 215m, shall be formed on either side of the junc­tion of the vehicu­lar access with the pub­lic road. The vis­ib­il­ity splays, so formed, shall there­after be kept free of all per­man­ent obstruc­tions above the adja­cent car­riage­way level. Reas­on: In the interests of road safety in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.
2. Pri­or to the facil­ity becom­ing oper­a­tion­al the junc­tion that the pro­posed vehicu­lar access forms with the pub­lic road access shall be ker­bed to radii of 6.0m, the min­im­um width at the throat of the bell mouth so formed, to be 6.0m. The area with­in the bell mouth, and for a min­im­um dis­tance of 10m from the pub­lic road car­riage­way, shall be con­struc­ted in accord­ance with Coun­cil spe­cific­a­tions, appro­pri­ate to the type of traffic which will use the access, and shall be sur­faced with dense bitu­men mac­adam or asphalt. Reas­on: In the interests of road safety in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.
3. Pri­or to the facil­ity becom­ing oper­a­tion­al, the first 10m of access (meas­ured from the edge of the road, or back of the foot­way) shall be fully paved. Reas­on: In the interests of road safety in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.
4. The max­im­um gradi­ent of the first 5m of the new access shall not exceed a gradi­ent of more than I in 20.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021 Reas­on: In the interests of road safety in accord­ance with Policy 3: Design and Place­mak­ing of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021.

1. Plan­ning per­mis­sion is hereby gran­ted for a tem­por­ary peri­od only and shall cease to have effect on 30 June 2024 (the ​‘ces­sa­tion date’). Pri­or to the ces­sa­tion date, the applic­a­tion site shall cease to be used as a car park and with the excep­tion of hard stand­ing and road sur­faces, shall be cleared of all devel­op­ment approved under the terms of this per­mis­sion (includ­ing any sub­sequent ancil­lary works, infra­struc­ture, fix­tures, fit­tings and any tem­por­ary devel­op­ments per­mit­ted under Class 14 of the Town and Coun­try Plan­ning (Gen­er­al Per­mit­ted Devel­op­ment) (Scot­land) Order 1992 (as amended)) and rein­stated in accord­ance to its con­di­tion pri­or to its use as a car park and the install­a­tion and sit­ing of toi­lets, waste dis­pos­al facil­it­ies and tick­et machines. Reas­on: In recog­ni­tion of the tem­por­ary nature of the pro­posed devel­op­ment, to enable the Plan­ning Author­ity to reas­sess the impact of the devel­op­ment after a giv­en peri­od of time and to secure remov­al and res­tor­a­tion in accord­ance with Policy 3: Design and Place­mak­ing, Policy 4: Nat­ur­al Her­it­age and Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2021. Informatives
2. The devel­op­ment hereby approved must com­mence with­in 3 years of the date of this decision notice. If devel­op­ment has not com­menced with­in this peri­od then this plan­ning per­mis­sion will lapse.
3. 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.
4. 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 a 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.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 8 25/06/2021

1. You are advised that the approv­al of the Aber­deen­shire Coun­cil Roads Author­ity is required for any works affect­ing the pub­lic road and for any road con­struc­tion con­sent or any oth­er require­ments under the Roads legislation.
2. Con­struc­tion work (includ­ing the loading/​unloading of deliv­ery vehicles, plant or oth­er machinery) should not take place out­with 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. Road Informatives
3. The pro­posed vehicu­lar access onto the pub­lic road shall be formed at the developer’s expense, and must be con­struc­ted in accord­ance with Coun­cil specifications.
4. Adequate pro­vi­sion must be made for intern­al sur­face drain­age to ensure that sur­face water does not run from the site onto the pub­lic road, or vice versa.
5. Adequate pre­cau­tions shall be taken to pro­tect any stat­utory under­takers plant which may be affected by the works / development.
6. The applic­ant should note that an applic­a­tion for a Road Excav­a­tion Per­mit must be sub­mit­ted to Infra­struc­ture Ser­vices, Area Roads Office at least 15 days pri­or to the com­mence­ment of any excav­a­tion works with­in the bound­ar­ies of the pub­lic road. Applic­ants should note that fail­ure to obtain a Per­mit is an offence in terms of Sec­tion 56 of the Roads (Scot­land) Act 1984. Note: The Pub­lic Road may incor­por­ate car­riage­way, verge, cycleway/​footway and vis­ib­il­ity envel­opes. The map on the first page of this report 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.