Item9AAS75CommitteeReport20230081DET

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

CAIRNGORMS NATION­AL PARK AUTHORITY

DEVEL­OP­MENT PROPOSED:

Applic­a­tion under S75A of the Town and Coun­try Plan­ning (Scot­land) Act 1997 to request the dis­charge of the leg­al agree­ment asso­ci­ated with the plan­ning per­mis­sion ref­er­ence 06/336/CP at Lag­gan Coun­try Hotel New­ton­more High­land PH20 IBS

REF­ER­ENCE: 2023/0081/DET

APPLIC­ANT: Ms Carly Flockhart

DATE CALLED-IN: 9 Feb­ru­ary 2023

RECOM­MEND­A­TION: Agree to dis­charge the S75 leg­al agreement

CASE OFFICER: Emma Bryce — Plan­ning Man­ager (Devel­op­ment Management)

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

CNPA Plan­ning Com­mit­tee Applic­a­tion Site

Min­er­al Dis­tri­bu­tion Facility

Crown copy­right and data­base rights 2023. Ord­nance Sur­vey Licence num­ber 100040965

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

SITE DESCRIP­TION, PRO­POS­AL AND HISTORY

Site Descrip­tion

1. The prop­erty to which the applic­a­tion relates is a single dwell­ing house that lies with­in the grounds of the Lag­gan Hotel. The hotel is loc­ated off the A86, approx­im­ately a mile east of Lag­gan Vil­lage. Plan­ning per­mis­sion was gran­ted for the dwell­ing in 2009 on the basis of a busi­ness need case in that it was required for the own­er of the hotel to live in sep­ar­ate accom­mod­a­tion as the hotel was run­ning at capa­city. Per­mis­sion was gran­ted sub­ject to the applic­ant agree­ing to a Sec­tion 75 Agree­ment restrict­ing the occu­pancy of the dwell­ing to ensure it would not be sold off sep­ar­ate to the hotel.

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=RQ48SESIOBY00

Title	Draw­ing Num­ber	Date on Plan*	Date Received
Sup­port­ing information			09/02/2023
Sup­port­ing information			09/02/2023

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

1. The applic­a­tion requests the dis­charge the Sec­tion 75 Leg­al Agree­ment that relates to the plan­ning per­mis­sion gran­ted on 10 June 2009, ref­er­ence num­ber 06/336/CP for the erec­tion of a dwell­ing at Lag­gan Coun­try Hotel, Lag­gan. The leg­al agree­ment restricts the occu­pa­tion of the dwell­ing and holds two ele­ments, the first stat­ing that:

2. “The applic­ants for them­selves and their suc­cessors in title, hereby under­take that the devel­op­ment once erec­ted, may only be occu­pied by someone engaged solely or mainly in the oper­a­tion of the hotel busi­ness which is based on the site and by a depend­ant of such per­son resid­ing with him or her. In the event that such work for any reas­on what­so­ever, the Nation­al Park Author­ity may determ­ine that some or all of the con­di­tions, restric­tions, oblig­a­tions and oth­er con­tained with­in this agree­ment may be mod­i­fied, var­ied or discharged…”

3. The second ele­ment goes on to state: ​“The applic­ants for them­selves or their suc­cessors in title, under­take that the devel­op­ment, once erec­ted on site may not be disponed of sep­ar­ately from the remainder of the site.”

4. The applic­ant pur­chased the hotel sev­er­al years ago and the dwell­ing was pur­chased as part of the over­all sale. The dwell­ing has remained uninhabited

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

since it was built and only recently was leg­ally com­pleted. The cur­rent own­ers of the hotel have nev­er resided in it. It has been their inten­tion that it would provide an annex to the exist­ing hotel giv­en its loc­a­tion and its shared access. They are now pro­pos­ing to use it as hol­i­day accom­mod­a­tion for small groups of vis­it­ors, sub­si­di­ary to the hotel. The hotel is pop­u­lar with tour groups and the dwell­ing would offer accom­mod­a­tion for drivers and tour guides also.

His­tory

1. Plan­ning per­mis­sion was gran­ted for a dwell­ing with­in the grounds of the hotel on 10 June 2009 fol­low­ing the Plan­ning Committee’s agree­ment to approve the applic­a­tion on I June 2007. The applic­a­tion was sub­ject to the con­clu­sion of a leg­al agree­ment lim­it­ing the occu­pancy of the house. At that time, the applic­a­tion was determ­ined under the policies of the Badenoch and Strath­spey Loc­al Plan 1997, the High­land Struc­ture Plan 2001 and High­land Council’s Devel­op­ment Plan Policy Guidelines (April 2003 and March 20006).

DEVEL­OP­MENT PLAN CONTEXT

Policies

Nation­al Policy	Nation­al Plan­ning Frame­work 4 (NPF4) Scot­land 2045
POLICY 9	Brown­field, Vacant and Derel­ict Land, and Empty Buildings	X
POLICY 17	Rur­al Homes	X
POLICY 26	Busi­ness and Industry	X
POLICY 29	Rur­al Development	X
POLICY 30	Tour­ism	X
Stra­tegic Policy	Cairngorms Nation­al Park Part­ner­ship Plan 2022 — 2027
Loc­al Plan Policy	Cairngorms Nation­al Park Loc­al Devel­op­ment Plan (2021)
Those policies rel­ev­ant to the assess­ment of this applic­a­tion are marked with a cross
POLICY I	NEW HOUS­ING DEVELOPMENT	X
POLICY 2	SUP­PORT­ING ECO­NOM­IC GROWTH	X
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 Loc­al Devel­op­ment Plan. The full word­ing of policies

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

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​0​/​1​1​/​CNPA- LDP-2020-as-Modified-for-web.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	Hous­ing Stat­utory Guid­ance	X
Policy 2	Sup­port­ing Eco­nom­ic Growth Non-Stat­utory Guidance	X
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 Sup­ple­ment­ary 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 Con­tri­bu­tions Sup­ple­ment­ary Guidance

CON­SULTA­TIONS

1. No con­sulta­tions were deemed neces­sary for the determ­in­a­tion of this application.

APPRAIS­AL

1. The applic­ant seeks to dis­charge the Sec­tion 75 Leg­al Agree­ment that lim­its the occu­pancy of the dwell­ing house to someone who is solely or mainly engaged in the oper­a­tion of the hotel. The agree­ment includes the pro­vi­sion that if there is a change to plan­ning or oth­er cir­cum­stances of the site which appears to any party to the Agree­ment or to their suc­cessors in title to render any of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in the Agree­ment no longer rel­ev­ant, the parties or their suc­cessors in title should con­sider wheth­er the said con­di­tions should be mod­i­fied, var­ied or discharged.

2. In assess­ing such applic­a­tions, the Plan­ning Author­ity must con­sider the intent of the impos­i­tion of the leg­al agree­ment at the time of the con­sent being issued and wheth­er the remov­al of this con­trol would be accept­able in plan­ning terms at the cur­rent time. Adop­ted Loc­al Devel­op­ment Plan policies and any oth­er mater­i­al con­sid­er­a­tions that would war­rant review of the Agree­ment should be con­sidered, in this instance in rela­tion to hous­ing and eco­nom­ic devel­op­ment, and any advice or guid­ance issued in respect of occu­pancy restric­tions from the Scot­tish Gov­ern­ment or through the Fourth Nation­al Plan­ning Frame­work (NPF4).

RECOM­MEND­A­TION CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 9 10/03/2023

That Mem­bers of the Com­mit­tee sup­port a recom­mend­a­tion to agree to the request to dis­charge the Sec­tion 75 Leg­al Agree­ment asso­ci­ated with the plan­ning per­mis­sion ref­er­ence 06/336/CP at Lag­gan Coun­try Hotel New­ton­more High­land PH20 IBS for the fol­low­ing reasons/​subject to the fol­low­ing con­di­tions: a) The dis­charge of the Sec­tion 75 agree­ment would not pre­ju­dice the hotel busi­ness based on the site; b) The Sec­tion 75 agree­ment would not be required to con­trol the occu­pa­tion of the dwell­ing under cur­rent adop­ted LDP policies.

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.