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] 17th November 22 & 19th 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.
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