Item8Appendix1PlansPRE20220024PAN

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 8 Appendix | 11/11/2022

AGENDA ITEM 8

APPENDIX I

PRE/2022/0024

PAN APPLIC­A­TION FORM & SUP­PORT­ING PLAN

PRO­POS­AL OF APPLIC­A­TION NOTICE Town and Coun­try Plan­ning (Scot­land) Act 1997 (Sec­tion 35B) The Town and Coun­try Plan­ning (Devel­op­ment Man­age­ment Pro­ced­ure) (Scot­land) Reg­u­la­tions 2013 (Reg­u­la­tions 4 ‑7)

To be com­pleted for all devel­op­ments with­in the nation­al or major cat­egor­ies of development

Name of Coun­cil Aber­deen­shire Coun­cil Address View­mount Arduth­ie Road Stone­haven AB39 2DQ Pro­posed devel­op­ment at [Note 1] Site H1: Mon­al­trie Park (Cairngorms Nation­al Park, Loc­al Devel­op­ment Plan 2021) Bal­later, Aber­deen­shire Descrip­tion of pro­pos­al [Note 2] Pro­posed Res­id­en­tial Devel­op­ment with Asso­ci­ated Access, Land­scap­ing, SUDS and Ancil­lary Works

Notice is hereby giv­en that an applic­a­tion is being made to

[Note 3] Aber­deen­shire Coun­cil by [Note 4] Sco­tia Homes Ltd & Inver­cauld Estate Of [Note 5] Bal­ma­cas­sie, Ellon, AB41 8QR & 4 The Kei­loch, Brae­mar, Aber­deen­shire, AB35 5TW

In respect of [Note 6] 2 pub­lic meet­ings (1600hrs — 2000hrs)

To take place on [Note 7] 17^th Novem­ber 22 & 19^th Janu­ary 23 at Vic­tor­ia and Albert Halls, Ballater

[Note 8] The fol­low­ing parties have received a copy of this Pro­pos­al of Applic­a­tion Notice

Bal­later and Crath­ie Com­munity Coun­cil Coun­cil­lor Anouk Klop­pert Coun­cil­lor Sarah Brown Coun­cil­lor Geva Black­ett, plus all on attached list

[Note 9] For fur­ther details con­tact Roger Laird on tele­phone num­ber And/​or at the fol­low­ing address [

[Note 10] I cer­ti­fy hat I have attached a plan out­lining the site Signed On behalf of Sco­tia Homes Lim­ited Date 14/10/22

PRO­POS­AL OF APPLIC­A­TION NOTICE Town and Coun­try Plan­ning (Scot­land) Act 1997 Reg­u­la­tion 6 of the Town and Coun­try Plan­ning (Devel­op­ment Man­age­ment Pro­ced­ure) (Scot­land) Reg­u­la­tions 2013 NOTES FOR GUIDANCE

[Note 1] — Insert postal address or loc­a­tion of pro­posed devel­op­ment [Note 2] — Insert descrip­tion in gen­er­al terms of the devel­op­ment to be car­ried out. [Note 3] — Insert Coun­cil name. [Note 4] — Insert name of applic­ant and/​or agent [Note 5] — Insert applicant’s and/​or agent’s postal address [Note 6] — Insert form of con­sulta­tion the pro­spect­ive applic­ant pro­poses to under­take e.g. pub­lic meet­ing [Note 7] — Insert date and ven­ue of con­sulta­tion [Note 8] — Insert list of those groups who have been invited to attend [Note 9] — Insert details as to how the pro­spect­ive applicant/​agent can be con­tac­ted (incl. name, address and tel. no) [Note 10] — Attach plan that out­lines the loc­a­tion of the pro­posed devel­op­ment and is suf­fi­cient to identi­fy the site

Pre-applic­a­tion Con­sulta­tion (PAC)

Where PAC is required, the pro­spect­ive applic­ant must, under sec­tions 35B(1) and (2) (of the Act), provide to the plan­ning author­ity a ​‘Pro­pos­al of Applic­a­tion Notice’ at least 12 weeks (sec­tion 35B(3)) pri­or to the sub­mis­sion of an applic­a­tion for plan­ning per­mis­sion. The Pro­pos­al of Applic­a­tion Notice must include the inform­a­tion set out in sec­tion 35B(4) and in reg­u­la­tion 6, namely:

i) a descrip­tion in gen­er­al terms of the devel­op­ment to be car­ried out;* ii) the postal address of the site at which the devel­op­ment is to be car­ried out, if avail­able iii) a plan show­ing the out­line of the site at which the devel­op­ment is to be car­ried out and suf­fi­cient to identi­fy the site; iv) detail as to how the pro­spect­ive applic­ant may be con­tac­ted and cor­res­pon­ded with; and v) an account of what con­sulta­tion the pro­spect­ive applic­ant pro­poses to under­take, when such con­sulta­tion is to take place, with whom and what form it will take.

• You should provide an out­line of the proposal’s char­ac­ter­ist­ics, and the iden­ti­fic­a­tion of its cat­egory (e.g. Major devel­op­ment). Any sub­sequent applic­a­tion needs to be recog­nis­ably linked to what was described in the pro­pos­al of applic­a­tion notice.

Sub­mis­sion of an Applic­a­tion after Pre-applic­a­tion Con­sulta­tion Notice

The sub­mis­sion of the pro­pos­al of applic­a­tion notice starts the PAC pro­cessing clock. After a min­im­um of 12 weeks, hav­ing car­ried out the stat­utory require­ments and any addi­tion­al require­ments spe­cified by the plan­ning author­ity, an applic­ant can sub­mit the applic­a­tion along with the required writ­ten Pre-applic­a­tion Con­sulta­tion Report. Inform­a­tion in rela­tion to the pro­pos­al of applic­a­tion notice must also be placed by the plan­ning author­ity on the list of applic­a­tions required under sec­tion 36A and reg­u­la­tion 21.

Addi­tion­al con­sulta­tion activ­ity (respond­ing to the Pro­pos­al of Applic­a­tion Notice)

The applic­ant is required to indic­ate in the pro­pos­al of applic­a­tion notice what con­sulta­tion will be under­taken in addi­tion to the stat­utory min­im­um. The plan­ning author­ity must respond with­in 21 days of receiv­ing the Notice to advise the applic­ant wheth­er the pro­posed PAC is sat­is­fact­ory or if addi­tion­al noti­fic­a­tion and con­sulta­tion above the stat­utory min­im­um is required in order to make it bind­ing on the applic­ant. In doing so, plan­ning author­it­ies are to have regard to the nature, extent and loc­a­tion of the pro­posed devel­op­ment and to the likely effects, both at and in the vicin­ity of that loc­a­tion, of its being car­ried out (sec­tion 35B(8)). Addi­tion­al con­sulta­tion require­ments should be pro­por­tion­ate, spe­cif­ic and reas­on­able in the cir­cum­stances. If there is no response to the pro­pos­al of applic­a­tion notice by the plan­ning author­ity with­in 21 days, only the stat­utory min­im­um PAC activ­it­ies will be required.

Scot­tish Min­is­ters expect plan­ning author­it­ies to devel­op and main­tain up to date lists of bod­ies and interests with whom applic­ants should con­sult in par­tic­u­lar types of case. These lists should be avail­able to applic­ants, who can draft pro­pos­al of applic­a­tion notices in light of that inform­a­tion. Fur­ther advice on plan­ning com­munity engage­ment activ­ity can be found in Plan­ning Advice Note 81: Com­munity Engage­ment Plan­ning With People.

Min­im­um con­sulta­tion activity

Con­sulta­tion with com­munity coun­cils — Under reg­u­la­tion 7 an applic­ant must con­sult every com­munity coun­cil any part of whose area is with­in or adjoins the land where the pro­posed devel­op­ment is situ­ated. This includes com­munity coun­cils in a neigh­bour­ing plan­ning authority.

The pub­lic event — Reg­u­la­tion 7 also requires the hold­ing of at least one pub­lic event for mem­bers of the pub­lic where they can make com­ments to the pro­spect­ive applic­ant on their pro­pos­als. This ​‘pub­lic event’ must be advert­ised at least 7 days in advance in a news­pa­per cir­cu­lat­ing in the loc­al­ity of the pro­posed devel­op­ment. The advert­ise­ment for the pub­lic event must include:

• a descrip­tion of, and the loc­a­tion of, the pro­posed devel­op­ment; • details as to where fur­ther inform­a­tion may be obtained con­cern­ing the pro­posed devel­op­ment; • the date and place of the pub­lic event; • a state­ment explain­ing how, and by when, per­sons wish­ing to make com­ments to the pro­spect­ive applic­ant relat­ing to the pro­pos­al may do so; and • a state­ment that com­ments made to the pro­spect­ive applic­ant are not rep­res­ent­a­tions to the plan­ning author­ity. If the applic­ant sub­mits an applic­a­tion there will be an oppor­tun­ity to make rep­res­ent­a­tions on that applic­a­tion to the plan­ning authority.

Applic­ants will gain less from poorly atten­ded or unrep­res­ent­at­ive PAC events and should ensure that pro­cesses are put in place that will allow mem­bers of the com­munity to par­ti­cip­ate mean­ing­fully in any pub­lic event. The pub­lic event should be reas­on­ably access­ible to the pub­lic at large, includ­ing dis­abled people. It may be appro­pri­ate for the pub­lic event to take place over a num­ber of dates, times and places. Applic­ants should ensure that indi­vidu­als and com­munity groups can sub­mit writ­ten com­ments in response to the news­pa­per advertisement.

There is a need to emphas­ise to com­munit­ies that the plans presen­ted to them for a pro­posed plan­ning applic­a­tion may alter in some way before the final pro­pos­al is sub­mit­ted as a plan­ning applic­a­tion to the plan­ning author­ity. Even after PAC, and once a plan­ning applic­a­tion has been sub­mit­ted to the plan­ning author­ity, com­munit­ies should ensure that any rep­res­ent­a­tions they wish to make on the pro­pos­al are sub­mit­ted to that author­ity as part of the pro­cess of con­sid­er­ing the plan­ning application.

Any per­son­al data that you have been asked to provide on this from will be held and pro­cessed in accord­ance with Data Pro­tec­tion Legislation.