Item9Appendix1PlanningDecision08423CP

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 9 Appendix I 25/02/2022

AGENDA ITEM 9

APPENDIX I

2022/0004/DET

PLAN­NING DECISION NOTICE 08/423/CP

CAIRNGORMS NATION­AL PARK AUTHORITY

Applic­a­tion Ref­er­ence: 08/423/CP

AGENT: Afford​able​.tm Ltd — Chartered Archi­tects The Sail Loft 161 Find­horn Forres IV36 3YL

APPLIC­ANT: Fiona Pow­ell & Mick Mor­ris I Mead­ow Gar­dens Hope­man Moray IV30 5PN

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

Erec­tion of house at;

Land at Mullin­gar­roch Croft, Street of Kin­cardine, Boat Of Garten

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.

2. The occu­pa­tion of the dwell­ing shall be lim­ited to a person(s) mainly employed on the registered croft unit (Code ⁴³⁸⁄₀₀₀₇) at

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

Reas­on: 3.

Reas­on: 4.

Reas­on: 5.

Reas­on: Mullin­gar­roch and Croft­nagarn Croft, or a depend­ant of such a per­son resid­ing with him or her, or a wid­ow or wid­ower of such a person.

The site lies in a rur­al area where the CNPA act­ing as Plan­ning Author­ity con­siders that new res­id­en­tial devel­op­ment is inap­pro­pri­ate unless related to the essen­tial needs of croft­ing on the agri­cul­ture unit (Code ⁴³⁸⁄₀₀₀₇) at Mullin­gar­roch and Croftnagarn.

Pri­or to the com­mence­ment of any oth­er works at the site, the approved access and the accom­pa­ny­ing sight lines shall be formed to the sat­is­fac­tion of the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Author­ity, in con­sulta­tion with the High­land Coun­cil Area Roads Man­ager. All traffic asso­ci­ated with the devel­op­ment and the sub­sequent occu­pa­tion of the approved house shall be via the access so formed and the exist­ing adja­cent field access shall be used only for agri­cul­tur­al access and at no time used for domest­ic access or linked dir­ectly to the domest­ic unit hereby approved.

In the interests of road safety; to ensure the pro­vi­sion and main­ten­ance of adequate vis­ib­il­ity at junc­tions and accesses.

Pri­or to the com­mence­ment of the devel­op­ment hereby approved, full details of the size, design and pos­i­tion of the foul water sep­tic tank and soakaways for the new house and any remedi­al works for adja­cent houses shall be sub­mit­ted for the fur­ther approv­al of the Cairngorms Nation­al Park act­ing as Plan­ning Author­ity, in con­sulta­tion with SEPA. Drain­age shall be installed entirely in accord­ance with the approved scheme.

To ensure that a sat­is­fact­ory means of drain­age is installed to pre­vent the pol­lu­tion of water­courses and ground water.

Pri­or to the com­mence­ment of the devel­op­ment a sus­tain­ab­il­ity state­ment detail­ing the means by which the con­struc­tion and future energy require­ments of the house shall min­im­ize CO2 emis­sions, min­im­ize energy usage and provide for a renew­able com­pon­ent in the future energy sup­plies to the house, shall be sub­mit­ted to the Cairngorms Nation­al Park Author­ity for approv­al. The approved scheme shall be fully imple­men­ted to the sat­is­fac­tion of the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning authority.

In the interests of energy effi­ciency and in pur­suit of CO2 emis­sions reduction.

6. Reas­on: 7.

Reas­on: i)

ii)

iii)

Pri­or to the com­mence­ment of any of the oth­er works hereby approved, the fol­low­ing works shall be com­pleted to the sat­is­fac­tion of the Cairngorms Nation­al Park author­ity in con­sulta­tion with the High­land Coun­cil Area Roads Engineer:

A com­bined ser­vice bay/​passing place in accord­ance with the stand­ards set out in the High­land Coun­cil Road Guidelines for New Devel­op­ments, shall be formed at the point of access to the site. A verge of at least I metre shall be main­tained behind the nearside edge of the bay. Con­struc­tion for at least the first 6 metres from the near side edge of the pub­lic road shall con­sist of a min­im­um of 40mm thick Close Graded Wear­ing Course on 60mm Dense Basecourse on a min­im­um thick­ness of 350mm Type I sub base, all on a sound formation.

Vis­ib­il­ity splays shall be provided and main­tained on each side of the access. These splays shall be 2.5 metres by 120 metres to the North and a min­im­um of 2.5 metres by 60 metres to the South. With­in the vis­ib­il­ity splays noth­ing shall obscure vis­ib­il­ity up to a height of I metre above the road level.

No walls, fences, trees or shrubs shall be estab­lished with­in 2 metres of the nearside edge of the pub­lic road or with­in I metres of the rear of the ser­vice bay. iv) Any gates that are provided shall be set back at least 2.5 metres from the edge of the pub­lic road and shall open into the prop­erty only. v)

vi) Park­ing and man­oeuv­ring space for at least 3 cars shall be provided with­in the cur­til­age of the house hereby approved, such that each vehicle may enter and leave the site inde­pend­ently and in for­ward gear.

No water shall dis­charge on to the pub­lic road. In the interests of road safety at the locus.

For the avoid­ance of doubt, the res­id­en­tial plot hereby approved is defined by the site bound­ary marked on the approved plans. The bound­ar­ies, if marked, shall only be marked by stock fen­cing and/​or dry stone walling and/​or hedging formed from nat­ive decidu­ous plants, unless an altern­at­ive is first approved in writ­ing by the Cairngorms Nation­al Park Author­ity act­ing as Plan­ning Authority.

In order to define the per­mis­sion gran­ted for res­id­en­tial use and in the interests of the visu­al amen­ity and char­ac­ter of the area.

8. Reas­on: The cara­van loc­ated at Mullin­gar­roch, on the applic­ants land, shall be main­tained in a clean and tidy con­di­tion at all times and the screen­ing main­tained to the sat­is­fac­tion of the Cairngorms Nation­al Park act­ing as Plan­ning Authority.

In the interests of the visu­al amen­ity of the area.

ADVICE NOTE Roads: Pri­or to any work of excav­a­tion or sur­fa­cing start­ing with­in 2 metres of the pub­lic road edge a road open­ing per­mit shall have been obtained from the High­land Coun­cil as Roads Author­ity. It should be noted that the applic­ant shall be respons­ible for any meas­ures neces­sary to pre­vent road water from enter­ing the site. Details of such meas­ures shall be sub­mit­ted for the pri­or approv­al of the Roads Authority.

Dated: 08 July 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.

2. 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.

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.