Item8AAGlenbegReport20190293DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 8 15/11/2019

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Upgrade of private way — Track A (ret­ro­spect­ive) at Land At Glen­beg Estate

REF­ER­ENCE: 2019/0293/DET

APPLIC­ANT: Mr Fer­gus Laing

DATE CALLED-IN: 17 Septem­ber 2019

RECOM­MEND­A­TION: Approve sub­ject to conditions

CASE OFFICER: Edward Swales, Mon­it­or­ing and Enforce­ment Officer

CNPA Plan­ning Com­mit­tee Applic­a­tion Site

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 8 15/11/2019

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item Agenda Item 8 15/11/2019

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The site is accessed through the road towards Dreg­gie bey­ond the Grant­own cara­van site. Access to the site is taken along an estate track past West Gor­ton and along the Glen­beg Burn which the track crosses twice. The Glen­beg Burn is part of the River Spey 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=PXPR76SI0CH00

Title	Draw­ing Date On	Date
	Num­ber	Plan*	Received
Spe­cific­a­tions — Supporting			16/09/19
State­ment
Spe­cific­a­tions — ver­tic­al and			16/09/19
hori­zont­al profiles
Spe­cific­a­tions — con­struc­tion layout			16/09/19
Spe­cific­a­tions — road culvert			16/09/19
cross­ings
Loc­a­tion Plan			16/09/19

1. *Where No Spe­cif­ic Day Of Month Has Been Provided On The Plan, The Sys­tem Defaults To The 1^st Of The Month. The pro­pos­al for the resur­fa­cing of the exist­ing track is ret­ro­spect­ive with the works being car­ried out in 2018. It is claimed the works were main­ten­ance of the exist­ing track how­ever, it was deemed that they were bey­ond that and con­sidered an upgrade there­fore an applic­a­tion was required.

His­tory

1. The estate has sub­mit­ted two ret­ro­spect­ive applic­a­tions for track works, how­ever oth­er than wider large scale plan­ning applic­a­tions there are no oth­er applic­a­tions rel­ev­ant to this one.

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy	Scot­tish Plan­ning Policy 2014
Stra­tegic Policy	Cairngorms Nation­al Park Part­ner­ship Plan 2017 — 2022
Loc­al Plan Policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2015)
Those policies rel­ev­ant to the assess­ment of this application
are marked with a cross

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item Agenda Item 8 15/11/2019

POLICY I	NEW HOUS­ING DEVELOPMENT
POLICY 2	SUP­PORT­ING ECO­NOM­IC GROWTH
POLICY 3	SUS­TAIN­ABLE DESIGN	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	SPORT AND RECREATION
POLICY 9	CUL­TUR­AL HERITAGE
POLICY 10	RESOURCES
POLICY 11	DEVELOPER CON­TRI­BU­TIONS

1. All new devel­op­ment pro­pos­als require to be assessed in rela­tion to policies con­tained in the adop­ted Loc­al Devel­op­ment Plan. The full word­ing of policies can be found at: http://​cairngorms​.co​.uk/​u​p​l​o​a​d​s​/​d​o​c​u​m​e​n​t​s​/Park Authority/Planning/LDPI5.pdf

Plan­ning Guidance

1. Sup­ple­ment­ary guid­ance also forms part of the Loc­al Devel­op­ment Plan and provides more details about how to com­ply with the policies. Guid­ance that is rel­ev­ant to this applic­a­tion is marked with a cross.

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

CON­SULTA­TIONS

Sum­mary of the main issues raised by Consultees

1. SNH state that it is unlikely that the pro­pos­al will not have a sig­ni­fic­ant effect on any qual­i­fy­ing interests either dir­ectly or indir­ectly. SNH have iden­ti­fied a pref­er­ence of bridges rather than fords for the burn crossings.

2. CNPA Eco­logy Advisor recom­mends any fur­ther devel­op­ment fol­lows the design guides with­in the sup­port­ing statement.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item Agenda Item 8 15/11/2019

1. CNPA Land­scape Officer states that the track is clearly related to estate man­age­ment and is loc­ated in an area that is appro­pri­ate. It does not appear incon­gru­ous or con­trary to the loc­al char­ac­ter of the glen oth­er than as noted below. Its gen­er­al design is not excess­ive though the meth­od of con­struc­tion has been poorly imple­men­ted and the won mater­i­al is soft and so will be very prone to erosion.

2. As iden­ti­fied in the eco­lo­gic­al response there is a need for drain­age to pro­tect the sur­face of the track and pre­vent mater­i­al being washed into the Glen­beg burn. SNH’s recom­mend­a­tion for bridges is gen­er­ally sup­por­ted on land­scape grounds how­ever if the ford entrance ramps are prop­erly recon­struc­ted using stone facing to the excav­ated area this would be an adequate fin­ish, although bridges would enhance access.

3. The cross sec­tions show turf replace­ment of the track sides, drain­age ditch and a turf strip along the centre. This has not been under­take but is required to mit­ig­ate the appear­ance of the track which is wider than necessary.

REP­RES­ENT­A­TIONS

1. One objec­tion has been lodged regard­ing the width of the track, drain­age ditches and centre strip as well as silt con­trols into the burn which is a trib­u­tary for the River Spey SAC.

APPRAIS­AL

Prin­ciple

1. The sub­mit­ted inform­a­tion with this applic­a­tion sug­gests the main use is for both agri­cul­ture and forestry, this prin­ciple is accept­able as the track is well screened with­in its wood­land set­ting. How­ever in order to com­ply with the with­in the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 con­di­tions will need to be applied to help mit­ig­ate the impact of the track.

Envir­on­ment­al issues

1. Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 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 devel­op­ments. The track is made up of a sandy loose mater­i­al, which is show­ing signs of wear, how­ever it is with­in a wood­land set­ting and not vis­ible to the pub­lic, or eas­ily access­ible, there­fore its impact is negligible.

2. SNH and CNPA Land­scape advisor both indic­ated a pref­er­ence for bridges rather than using exist­ing fords. This is not part of the applic­a­tion and is there­fore not going to be pur­sued, how­ever a con­di­tion requir­ing the enhance­ment of the fords, using stone facing, will be sought. Com­pli­ance with the sub­mit­ted Sup­port­ing State­ment will ensure the pro­pos­al com­plies with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item Agenda Item 8 15/11/2019

1. Policy 4: Nat­ur­al Her­it­age of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 states that devel­op­ment that would adversely affect the Cairngorms Nation­al Park will only be per­mit­ted where it will not adversely affect the integ­rity of the area. A con­di­tion is sought to ensure the drain­age and run off is upgraded to improve the longev­ity of the devel­op­ment and to ensure it is served by adequate drain­age arrangements.

2. Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015 requires that all devel­op­ment pro­pos­als should be designed to min­im­ise the effect of the devel­op­ment on the land­scape. As the pro­pos­al has ret­ro­spect­ive ele­ments con­di­tions will be added to ensure if the fur­ther works do not take place remedi­ation along the track will be con­trolled and as such enable the devel­op­ment to com­ply with Policy 3: Sus­tain­able Design of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

CON­CLU­SION

1. The track is well screened with­in its wood­land set­ting on the basis that a con­di­tion is applied to ensure the longev­ity of the track through green­ing the centre strip, improv­ing the drain­age and run off of water from the track as well as adding stone facing to the exist­ing ford points, this will ensure the pro­pos­al com­plies with all rel­ev­ant policies of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

RECOM­MEND­A­TION

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to upgrade exist­ing private way in ret­ro­spect at Glen­beg Estate 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. With­in 12 months of this decision, all the meas­ures detailed with­in the approved sup­port­ing state­ment shall have been imple­men­ted in full.

Reas­on: To min­im­ise the land­scape and visu­al impacts of the devel­op­ment and min­im­ise dam­age to hab­it­ats adja­cent to the devel­op­ment in accord­ance with Policies 3, 4 and 5 of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item Agenda Item 8 15/11/2019

1. With­in 6 months on the date of this decision a detailed plan of the stone facing for the burn cross­ings will be sub­mit­ted to and approved in writ­ing by the CNPA act­ing as plan­ning author­ity. There­after and with­in 12 months of the date of this decision, the works will be under­taken and com­pleted in their entirety in accord­ance with the approved plans. Any works occur­ring with­in the Glen Beg Burn to take into account the pos­sible require­ment for a CAR Licence from SEPA.

Reas­on: To ensure the mit­ig­a­tion works are car­ried out to a com­pet­ent stand­ard and in accord­ance with Policy 5: Land­scape of the Cairngorms Nation­al Park Loc­al Devel­op­ment Plan 2015.

Inform­at­ives

1. The per­son under­tak­ing the devel­op­ment is required to give the Plan­ning Author­ity pri­or writ­ten noti­fic­a­tion of the date on 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 the 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.

3. It should be con­firmed by the applic­ant with the loc­al SEPA team wheth­er the site falls under the require­ments for a CAR Licence. Site design may be affected by pol­lu­tion pre­ven­tion require­ments and hence we strongly encour­age the applic­ant to engage in pre-CAR applic­a­tion dis­cus­sions with a mem­ber of the reg­u­lat­ory ser­vices team in your loc­al SEPA office. See SEPA’s Sec­tor Spe­cif­ic Guid­ance: Con­struc­tion Sites (WAT-SG-75) for details.

4. Below the thresholds the applic­ant will still need to com­ply with CAR Gen­er­al Bind­ing Rule 10 which requires, amongst oth­er things, that all reas­on­able steps must be taken to ensure that the dis­charge does not res­ult in pol­lu­tion of the water environment.