Item9Appendix1DecisionNotice

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

AGENDA ITEM 9

APPENDIX I

2023/0081/DET

PLAN­NING DECISION NOTICE 06/336/CP

CAIRNGORMS NATION­AL PARK AUTHORITY

Applic­a­tion Ref­er­ence: 06/336/CP

AGENT: A W Laing Ltd 110 High Street Grant­own on Spey PH26 3EL

APPLIC­ANT: Mr & Mrs Huis­man C/​o A W Laing Ltd

The Cairngorms Nation­al Park Author­ity hav­ing con­sidered your applic­a­tion to carry out the fol­low­ing development:

Erec­tion of Dwelling

at; Site in Grounds of Lag­gan Coun­try Hotel, Laggan

and in accord­ance with the plan(s) doc­quet­ted as rel­at­ive hereto and the par­tic­u­lar giv­en in the applic­a­tion, do hereby give notice of their decision to:

Grant Full Plan­ning Permission

Sub­ject to com­pli­ance with the fol­low­ing condition(s):

1. The devel­op­ment to which this per­mis­sion relates must be begun with­in five years from the date of this permission.

Reas­on: To com­ply with Sec­tion 58 of the Town and Coun­try Plan­ning (Scot­land) Act. 1997.

1. That not­with­stand­ing the pro­vi­sions of the Town and Coun­try Plan­ning (Gen­er­al Per­mit­ted Devel­op­ment) (Scot­land) Order 1992 as amended, no house exten­sion shall be formed, and no green­house, shed or gar­age erec­ted without the pri­or writ­ten con­sent of the Plan­ning Authority.

Reas­on: In the interests of the visu­al amen­ity of the area at this prom­in­ent site

Albert Memori­al Hall, Sta­tion Square, Bal­later, Aber­deen­shire AB35 5QB Tel: 013397 53601 Fax: 01339755334

1. Exact details and spe­cific­a­tions of all pro­posed extern­al fin­ish­ing mater­i­als (includ­ing roof­ing mater­i­als and drive­way mater­i­als) shall be sub­mit­ted for the fur­ther approv­al of the CNPA act­ing as Plan­ning Author­ity before any work com­mences on site.

Reas­on: To ensure that mater­i­als used are appro­pri­ate to the area.

1. The devel­op­ment shall be land­scaped and main­tained in accord­ance with a scheme which shall be sub­mit­ted to and approved by CNPA act­ing as Plan­ning Author­ity before devel­op­ment com­mences. The scheme shall include indic­a­tions of all exist­ing trees and land­scaped areas on the land, and details of any to be retained, togeth­er with meas­ures for their pro­tec­tion in the course of the devel­op­ment and shall include a phas­ing pro­gramme for imple­ment­a­tion and shall indic­ate the sit­ing, num­bers, spe­cies and heights (at the time of plant­ing) of all trees, shrubs and hedges to be planted and to the extent of any areas of earth­mound­ing, and shall ensure:- (a) Com­ple­tion of the scheme dur­ing the plant­ing sea­son next fol­low­ing the com­ple­tion of the devel­op­ment, or such oth­er date as may be agreed in writ­ing with the CNPA act­ing as Plan­ning Author­ity. (b) The main­ten­ance of the land­scaped areas in per­petu­ity in accord­ance with the detailed main­ten­ance schedule/​table. Any trees or shrubs removed, or which in the opin­ion of the CNPA act­ing as Plan­ning Author­ity, are dying, being severely dam­aged or becom­ing ser­i­ously dis­eased with­in three years of plant­ing, shall be replaced by trees or shrubs of sim­il­ar size and spe­cies to those ori­gin­ally required to be planted.

Reas­on: To ensure that the devel­op­ment is sat­is­fact­or­ily assim­il­ated into its surroundings.

1. From the date of this con­sent no trees shall be lopped, topped or felled on the site without the pri­or per­mis­sion of the CNPA act­ing as plan­ning authority.

Reas­on: To ensure an appro­pri­ate land­scape set­ting for the building.

1. Pri­or to the first occu­pa­tion of the dwell­ing hereby approved an exist­ing cara­van. Fur­thest south indic­ated by approved draw­ing No 104 shall be removed from the site. (Unless oth­er­wise agreed).

Reas­on: In the interests of the gen­er­al amen­ity of the area and to pre­vent unne­ces­sary sporad­ic development.

1. The bell­mouth of the access shall be resur­faced in a bitum­ous mater­i­al and meas­ures shall be adop­ted to ensure that all drain­age from the site does not dis­charge onto the trunk road. These

Reas­on: meas­ures shall be com­pleted pri­or to the first occu­pa­tion of the house hereby approved. In the interests of high­way safety.

Dated: 10 June 2009

Don McK­ee — Head of Planning

For details of how to appeal to Scot­tish Min­is­ters regard­ing any aspect of this Decision Notice please see the attached notes.

THIS IS A LEG­AL DOC­U­MENT — PLEASE RETAIN WITH YOUR TITLE DEEDS

NOTI­FIC­A­TION TO BE SENT TO APPLIC­ANT ON REFUS­AL OF PLAN­NING PER­MIS­SION OR ON GRANT OF PER­MIS­SION SUB­JECT TO CONDITIONS

1. If the applic­ant is aggrieved by the decision of the plan­ning author­ity to refuse per­mis­sion in respect of the pro­posed devel­op­ment, or to grant per­mis­sion or approv­al sub­ject to con­di­tions, he may appeal to Scot­tish Min­is­ters under Sec­tion 47 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 with­in six months of the date of this notice. The appeal should be addressed to the Chief Report­er, Dir­ect­or­ate for Plan­ning and Envir­on­ment­al Appeals, 4 The Court­yard, Cal­l­en­dar Busi­ness Park, Falkirk FKI IXR.

2. If per­mis­sion to devel­op land is refused or gran­ted sub­ject to con­di­tions, wheth­er by the plan­ning author­ity or by Scot­tish Min­is­ters, and the own­er of the land claims that the land has become incap­able of reas­on­ably bene­fi­cial use in its exist­ing state and can­not be rendered cap­able of reas­on­ably bene­fi­cial use by car­ry­ing out any devel­op­ment which has been or would be per­mit­ted, he may serve on the plan­ning author­ity a pur­chase notice requir­ing the pur­chase of his interest in the land in accord­ance with Part V of the Town and Coun­try Plan­ning (Scot­land) Act 1997.

NOTES It should be under­stood that this per­mis­sion does not carry with it any neces­sary con­sent from the Build­ings Author­ity or Scot­tish Envir­on­ment Pro­tec­tion Agency, or approv­al to the pro­posed devel­op­ment under oth­er stat­utory enactments.

It should be under­stood that this per­mis­sion does not imply

• that there are no phys­ic­al restric­tions upon devel­op­ment, such as over­head or under­ground ser­vices, diver­sion or pro­tec­tion of which will be the developer’s respons­ib­il­ity, with the pri­or con­sent of the appro­pri­ate sup­ply authority;

• that the mains water, drain­age or oth­er pub­lic ser­vices are, or will be avail­able: or

• that fin­an­cial assist­ance from pub­lic funds is avail­able towards the cost of pro­vi­sion of ser­vices or any aspect of the development.

Enquir­ies should be dir­ec­ted to the appro­pri­ate sup­ply authorities.