Item9Appendix1Section75LegalAgreement08423CP

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 9 Appendix I 25/06/2021

AGENDA ITEM 9

APPENDIX I

2021/0185/DET

SEC­TION 75 AGREE­MENT 08/423/CP

ledingham|chalmers LLP COPY

Hil­ary Mac­Bean Cairngorms Nation­al Park Author­ity Albert Memori­al Hall Sta­tion Square Bal­later AB35 5QB

Also by fax: 01339 755334 Ref: SM.DSS.NW Your Ref: 08/423/CP Date: 29 June, 2009

Cairngorms Nation­al Park Author­ity 01 JUL 2009 RECEIVED

Dear Hil­ary

Fiona Pow­ell Sec­tion 75 Agree­ment — Mullin­gar­roch Croft, Street of Kin­cardine, Boat of Garten

I refer to the above and con­firm that I have now received a copy of the com­pleted Sec­tion 75 Agree­ment, togeth­er with the Keeper’s acknow­ledg­ment con­firm­ing that the applic­ants have sub­mit­ted the Agree­ment to be registered in the Register of Sas­ines. Our fees in respect of this mat­ter have been paid and there­fore the plan­ning con­sent can now been released to the applicant.

Could you please drop me an email to con­firm that this will be done, and I shall advise the applicant’s soli­cit­or accordingly.

If you have any quer­ies then please feel free to con­tact me.

A copy of the com­pleted Agree­ment is enclosed for your reference.

Yours sin­cerely

Dav­id S Scott Asso­ci­ate — Led­ing­ham Chalmers LLP

Led­ing­ham Chalmers LLP, Soli­cit­ors John­stone House 52 – 54 Rose Street Aber­deen AB10 1HA (Registered Office) DX: AB15 Aber­deen LP-39 Aberdeen‑1 Tel: 01224 408408 Dir­ect Dial: 01224 408573 Fax: 01224 408409 Email: david.​scott@​ledinghamchalmers.​com www​.led​ing​hamchalmers​.com Led­ing­ham Chalmers LLP is a lim­ited liab­il­ity part­ner­ship registered in Scot­land. No. SO300843 A list of mem­bers is avail­able for inspec­tion at the above address

Inverness 17 June 2009 COPY

MINUTE OF AGREEMENT

between ori­gin­al. Mun­ro & Noble Soli­cit­ors 26 Church Street, Inverness IV1 1HX

CAIRNGORMS NATION­AL PARK AUTHOR­ITY, estab­lished by and act­ing under the Nation­al Parks (Scot­land) Act 2000 and the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 as Plan­ning Author­ity in terms of Art­icle 7(3) of the 2003 Order and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 and hav­ing a place of busi­ness at Albert Memori­al Hall, Sta­tion Square, Bal­later (who and whose suc­cessors are here­in­after referred to as ​“the Nation­al Park Authority”)

and

FIONA MAR­GARET POW­ELL, resid­ing at One Mead­ow Gar­dens, Hope­man, Elgin IV30 5PN (“the Pro­pri­et­or”) —-000 — -

CON­SID­ER­ING THAT:

(i) The Nation­al Park Author­ity has respons­ib­il­ity for determ­in­ing plan­ning applic­a­tions with­in the Nation­al Park area in terms of Art­icle 7 of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 (here­in­after referred to as ​“the Act”).

(ii) The Nation­al Park Author­ity is entitled in terms of Sec­tion 75 of the Act to enter into an Agree­ment with any per­son inter­ested in their area (in so far as the interest of that per­son enables them to bind the land) for the pur­pose of restrict­ing or reg­u­lat­ing the devel­op­ment or use of the land, either per­man­ently or dur­ing such peri­od as may be described by the Agreement.

(iii) The Pro­pri­et­or is the her­it­able pro­pri­et­or of ALL and WHOLE (FIRST) the two areas of ground lying on oppos­ite sides of the road from Nethy Bridge to Coylumbridge in the Par­ish of Aber­nethy and County of Inverness extend­ing in all to 15.117 acres or thereby known as Mullin­gar­roch Croft (oth­er­wise Mullin­gar­roch Crofts 1 and 2), Boat of Garten and being the whole sub­jects more par­tic­u­larly described in, disponed by and shown delin­eated in red and col­oured pink on the plan annexed and executed as

rel­at­ive to Feu Dis­pos­i­tion by the Trust­ees of the Right Hon­our­able Nina Car­oline Ogilvie Grant in favour of Allan Alex­an­der Grant dated 3^rd 4^th& 18^th May and recor­ded in the Divi­sion of the Gen­er­al Register of Sas­ines for the County of Inverness on 27^th June both months in 1979; But that under excep­tion of (PRIMO) ALL and WHOLE the sub­jects in the said Par­ish and County more par­tic­u­larly described in and disponed by the Con­vey­ance by Allan Alex­an­der Grant with con­sent in favour of The High­land Region­al Coun­cil dated 20^th July and 20^th August and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 25^th Septem­ber all months 1987; and (SECUNDO) the sub­jects in the said Par­ish and County more par­tic­u­larly described in and disponed by the three Feu Dis­pos­i­tions by Allan Alex­an­der Grant in favour of (a) Ron­ald Grif­fiths and Shir­ley Eliza­beth Grif­fiths dated 26^th Septem­ber and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 21^st Octo­ber both months of 1988 (b) John Weir Dav­is­on and Sheila Joyce Dav­is­on dated 26^th Septem­ber and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 3^rd Novem­ber both months of 1988 and © Regin­ald Frank Proud and Joan Eliza­beth Proud dated 14^th Octo­ber and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 9^th Novem­ber both months 1988 and (d) that area of ground con­tain­ing the house and garden ground of Mullin­gar­roch Croft as shown out­lined in red on the plan annexed and signed as rel­at­ive to Dis­pos­i­tion by Mar­garet Mich­ie Grant in favour of the Pro­pri­et­or dated 7^th and recor­ded in the Divi­sion of the Gen­er­al Register of Sas­ines for the County of Inverness on 12^th both days of Novem­ber 2007; and (SECOND) ALL and WHOLE that area of ground form­ing Croft­nacarn Lot 2, Boat of Garten in the Par­ish of Aber­nethy and County of Inverness extend­ing in all to 17.333 acres or thereby being the sub­jects more par­tic­u­larly described in, disponed by and shown delin­eated in red and col­oured pink on the plan annexed and executed as rel­at­ive to Feu Dis­pos­i­tion by the Trust­ees of the Right Hon­our­able Nina Car­oline Ogilvie-Grant in favour of Allan Alex­an­der Grant dated 24^th Feb­ru­ary and 5^th & 22^nd March and recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 14^th May all months in 1982; But that under excep­tion of that area of ground in the said Par­ish and County extend­ing to 0.68 hec­tares or thereby com­pris­ing Croft­nacarn Cara­van Park more par­tic­u­larly described in and disponed by Dis­pos­i­tion by Allan Alex­an­der Grant in favour of Mar­garet Mich­ie Grant dated 11^th and 2

(iv) recor­ded in the said Divi­sion of the Gen­er­al Register of Sas­ines on 15^th both days of July 1991 (“the Site”)

The Pro­pri­et­or has sub­mit­ted a plan­ning applic­a­tion to High­land Coun­cil (“the Coun­cil”), hav­ing a place of busi­ness at Glen­ur­quhart Road, Inverness for plan­ning per­mis­sion for the erec­tion of a dwell­ing­house on the Site (here­in­after referred to as ​“the Devel­op­ment”) and the said plan­ning applic­a­tion was called in by the Nation­al Park Author­ity (under the Nation­al Park Authority’s ref­er­ence 08/423/CP) in terms of its powers under Art­icle 7(3) of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 which makes ref­er­ence to Sec­tion 46 of the Act.

(v) The Pro­pri­et­or is the own­er of the croft­ing busi­ness which is con­duc­ted on the Site.

(vi) The Nation­al Park Author­ity has resolved to grant full plan­ning per­mis­sion for the Devel­op­ment sub­ject to cer­tain con­di­tions and has reques­ted that cer­tain oth­er mat­ters per­tain­ing to the Devel­op­ment be reg­u­lated in a writ­ten Agree­ment between the parties under the pro­vi­sions of Sec­tion 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 for the pur­poses of restrict­ing or reg­u­lat­ing the Devel­op­ment or use of the Site.

(vii) The Pro­pri­et­or is to erect the Devel­op­ment on the Site.

(viii) The Pro­pri­et­or has agreed to enter into such Agree­ment with the Nation­al Park Authority.

NOW THERE­FORE the Nation­al Park Author­ity and the Pro­pri­et­or DO HEREBY AGREE as follows:

(One) Pre­lim­in­ary Matters

On record­ing or regis­tra­tion of this Agree­ment, the Nation­al Park Author­ity shall issue to the Pro­pri­et­or the Decision Notice in respect of approv­al of the applic­a­tion. This Agree­ment (oth­er than Clause Sev­en here­of) shall not come into effect until the date the Decision Notice is imple­men­ted. The word ​“imple­men­ted” shall be taken in the con­text 3

of this Clause to mean the car­ry­ing out of a mater­i­al oper­a­tion as defined in Sec­tion 27(4) of the Act.

(Two) Restric­tion on Occu­pancy of the Property

The Pro­pri­et­or, for her­self and her suc­cessors in title, hereby under­takes that the Devel­op­ment, once erec­ted, may only be occu­pied by someone engaged or last engaged full or part time (suf­fi­cient to demon­strate a sub­stant­ive con­tri­bu­tion to the occupant’s gain­ful employ­ment) in croft­ing work on the Site (that being work of an agri­cul­tur­al nature), and by a depend­ant of such a per­son resid­ing with him or her, or by the wid­ow or wid­ower of such per­son. The term ​“agri­cul­tur­al” shall be con­strued accord­ing to the defin­i­tion set out in sec­tion 277(1) of the Town and Coun­try Plan­ning (Scot­land) Act 1997. In the event that the Pro­pri­et­or ceases to be engaged in such work for any reas­on what­so­ever, the Nation­al Park Author­ity may determ­ine that some or all of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in this Agree­ment may be mod­i­fied, var­ied or discharged.

(Three) Oblig­a­tions in rela­tion to Dis­pos­al of the Property

The Pro­pri­et­or, for her­self and her suc­cessors in title, under­takes that the Devel­op­ment, once erec­ted on the Site, may not be disponed sep­ar­ately from the remainder of the Site.

(Four) Oblig­a­tions in rela­tion to Securities

In the event of any loan secured over the Site and any prop­erty built there­on being called up by the lender, the Pro­pri­et­or or her suc­cessors in title are under an oblig­a­tion to give writ­ten noti­fic­a­tion to the Nation­al Park Author­ity of this event.

(Five) Dis­charge

In the event that the plan­ning per­mis­sion gran­ted by the Decision Notice is revoked or in any way falls pri­or to com­mence­ment of the con­struc­tion of the Devel­op­ment, then these presents (oth­er than Clause Sev­en here­of) shall fall and be deemed pro non scripto and the Nation­al Park Author­ity shall forth­with grant a Dis­charge of this Agree­ment. 4

In the event of a change to the 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 this Agree­ment no longer rel­ev­ant, the parties or their suc­cessors in title shall con­sider wheth­er the said con­di­tions, restric­tions, oblig­a­tions and oth­ers should be mod­i­fied, var­ied or discharged.

In con­sid­er­ing any such modi­fic­a­tion, vari­ation or dis­charge, both parties will be required to act reas­on­ably hav­ing regard to said changed cir­cum­stances. Any vari­ation shall be effect­ive as from the date of record­ing of the rel­ev­ant Deed of Vari­ation in the rel­at­ive Register of Sas­ines or Land Register and this Agree­ment shall be deemed to be amended with effect from such date. The Pro­pri­et­or shall reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by the Nation­al Park Author­ity in con­nec­tion with such fur­ther agreement.

(Six) Arbit­ra­tion

Any dis­pute arising between the parties hereto as to the inter­pret­a­tion or applic­a­tion of this Agree­ment, or any part of it, shall be referred for the pur­pose of arbit­ra­tion to an Arbit­er to be mutu­ally agreed by the parties, and fail­ing agree­ment appoin­ted by the Sher­iff of Grampi­an High­land and Islands at Inverness, and the decision of the Arbit­er, includ­ing any award of expenses, shall be final and bind­ing on the parties, and fail­ing such award the cost of any such arbit­ra­tion shall be borne equally by the parties.

(Sev­en) Leg­al Expenses

The Pro­pri­et­or agrees to reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by them in con­nec­tion with the nego­ti­ation, draft­ing, adjust­ment, con­clu­sion and regis­tra­tion of this Agreement.

(Eight) Valid­ity of Provisions

Each of the pro­vi­sions of this Agree­ment is agreed inde­pend­ently of the oth­ers and in the event that any of them are held to be or become inval­id or unen­force­able for any reas­on, then the remain­ing pro­vi­sions shall con­tin­ue in full force and effect.

(Nine) Bur­dens 5

The terms and con­di­tions of this Agree­ment are cre­ated real and prefer­able bur­dens upon and affect­ing the Site and bind­ing on the Pro­pri­et­or and their suc­cessors as pro­pri­et­ors of the Site from time to time and as such are appoin­ted to be recor­ded or oth­er­wise to be val­idly referred to in terms of law in all future con­vey­ances, Dis­pos­i­tions and oth­er deeds relat­ing to the Site.

(Ten) Restric­tion on the Dis­pos­al of the Subjects

The Pro­pri­et­ors under­take not to con­vey the Site or any part there­of pri­or to regis­tra­tion of this Agree­ment in the Land Register

(Elev­en) Jurisdiction

This Agree­ment shall be gov­erned and con­strued in accord­ance with the laws of Scotland.

(Twelve) Con­sent to Registration

The parties hereto con­sent to regis­tra­tion here­of for pre­ser­va­tion and exe­cu­tion as well as for pub­lic­a­tion: IN WIT­NESS WHERE­OF these presents con­sist­ing of this and the five pre­ced­ing pages are executed by me the said Fiona Mar­garet Pow­ell at Elgin on the Fif­teenth day of May Two Thou­sand and Nine in the pres­ence of this wit­ness Claire Potts of Nine Bax­ter Place, Lhan­bryde, Moray, IV30 8QE and they are executed for and on behalf of Cairngorms Nation­al Park Author­ity by Jane Hope their Chief Exec­ut­ive at Grant­own- On-Spey on the Eighth day of June Two Thou­sand and Nine in the pres­ence of this wit­ness Mar­garet Smith of Four­teen The Square, Grant­own-On-Spey 6

MINUTE OF AGREE­MENT Under s 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 between CAIRNGORMS NATION­AL PARK AUTHOR­ITY and FIONA MAR­GARET POWELL

2009/DSS

Sub­jects: MULLIN­GAR­ROCH CROFT & CROFT­NABARN CROFT BOAT OF GARTEN

led­ing­ham chalmers LLP John­stone House 52 – 54 Rose Street ABER­DEEN AB10 1HA DX AB15/LP39 — ABER­DEEN FAS 5588 7