Planning Committee - December 2024

This document contains the agenda for the Cairngorms National Park Authority Planning Committee meeting on 13 December 2024, starting at 10am. The meeting will be a hybrid format. The agenda includes items such as welcome and apologies, approval of minutes from the previous meeting, declarations of interest, and a planning application for an estate track repair and upgrade. There will also be discussions regarding a planning enforcement charter review, electricity infrastructure consenting in Scotland, the erection of 21 dwellings at Nethy Bridge Station Yard (for information only), confidential minutes from a previous meeting, Lairig View Enforcement Action (for decision), and an update on enforcement matters. The next meeting is scheduled for 24 January 2025.

This document contains the draft minutes of a Planning Committee meeting held online on 8 November 2024 by the Cairngorms National Park Authority. The meeting included discussions and decisions on several agenda items, such as declarations of interest, approval of minutes from a previous meeting, a proposal for residential units near Lettoch Road, and an enforcement notice appeal for Tolquhonie Woods. The committee also addressed the Scottish Ministers' decision for a development in Nethy Bridge and an enforcement notice for a Tomintoul Wigwam site. The meeting concluded with thanks to the Deputy Planning Convener and an announcement of the next meeting date.

This document contains a committee report for the Cairngorms National Park Authority planning committee meeting on 13 December 2024, regarding a planning application by Balavil Estate. The application seeks approval for the repair and upgrade of an existing estate track, partly retrospectively, with a recommendation to approve the application subject to conditions. The report details the site description, proposal, and history, including previous applications by the estate. It also outlines relevant national and local planning policies, consultation responses, and an appraisal of the proposal's impacts on design, the environment, landscape, and cultural heritage, as well as informatives.

This document contains agenda item 5, appendix 1, for the Cairngorms National Park Authority Planning Committee meeting on 13 December 2024. It includes plans for application 2023/0455/DET which relates to the repair and upgrade of existing hill tracks at Balavil Estate, Kingussie. The plans show the site location and a detailed site plan, including the section of track to be upgraded and repaired, along with a typical construction layout for repairing tracks using shallow borrow pits.

This document contains a request for the Planning Committee to approve the Planning Enforcement Charter for the Cairngorms National Park Authority. The charter, which was first approved in June 2009 and reviewed annually, explains how the Park Authority carries out its planning enforcement duties. The document recommends that the Planning Committee approve the charter without changes, after which it will be sent to Scottish Ministers for approval, then published online and displayed in local libraries.

This document contains the Cairngorms National Park Authority's (Park Authority) planning enforcement charter, updated in November 2024. The charter explains the planning enforcement process within the Cairngorms National Park, including the roles of the Park Authority and local authorities. It aims to ensure fair, reasonable, consistent, and accountable procedures. The charter covers what planning enforcement is, how to report a breach of planning control, how investigations are prioritized, and what happens if a breach has taken place. It also outlines formal enforcement notices, service standards, complaint procedures, and provides further advice. The document includes contact details for planning enforcement teams and an appendix detailing enforcement powers and different types of notices, such as Enforcement Notices, Breach of Condition Notices, and Stop Notices.

This document contains the Planning Enforcement Register for the Cairngorms National Park Authority, updated as of December 2023. It lists enforcement notices served between 2011 and 2024, detailing the reference number, the person or company served, the type of notice, the date served, the effective date, and the outcome. The register includes information about the property or land involved, the specific details of the planning breach, the requirements of the notice, and the date for compliance. The breaches include unauthorised building work, changes in land use, and failure to comply with planning conditions.

This document contains Circular 10/2009 from the Scottish Government regarding planning enforcement. It outlines the government's commitment to an effective planning system and details the enforcement powers available to planning authorities under the Town and Country Planning (Scotland) Act 1997, as amended. The circular replaces a previous version (4/1999) and provides guidance on various enforcement actions, including time limits, notices, rights of entry, and penalties. It covers a range of scenarios, such as unauthorized development, breaches of conditions, and enforcement charters, aiming to help authorities address planning control issues effectively and fairly.

This document contains proposals for reforming the electricity infrastructure consenting processes in Scotland, as the current Electricity Act 1989 is outdated. The Cairngorms National Park Authority is seeking approval for its response to a consultation on these proposed changes. These reforms aim to modernise the consenting process, introduce pre-application requirements, streamline application procedures, and address issues related to public inquiries, variations, wayleaves, and statutory appeals. The goal is to speed up infrastructure deployment while ensuring fair and efficient processes for all parties involved.

This document contains the Cairngorms National Park Authority's (Park Authority) proposed response to a consultation about reforming the electricity infrastructure consenting process in Scotland under the Electricity Act 1989. The document outlines the Park Authority's answers to questions regarding pre-application requirements for onshore and offshore applications, multistage consultations, acceptance stages, fees, and the speed of the planning process. The document also covers application procedures, including information requirements, input from statutory consultees, amendments to applications, public inquiries, variations to network projects and consents, necessary wayleaves, and statutory appeals.

This document contains a report to Scottish Ministers regarding a planning application (reference number 2022/0305/DET (NA-001-002)) to build 21 houses on the former Nethy Bridge railway station yard. David Buylla, a reporter appointed by the Scottish Ministers, conducted a site visit and a hearing session before recommending that planning permission be refused, primarily due to concerns about flood risk. While the Cairngorms National Park Authority (CNPA) initially resolved to grant permission, the Scottish Environment Protection Agency (SEPA) objected on flood risk grounds, leading to the referral to the Scottish Ministers. The report outlines the relevant planning policies, the applicant's arguments, and the views of SEPA, the CNPA, the community council, and other parties, concluding that the proposed development does not align with the development plan due to the potential for flooding and increased flood risk for others. The report also lists conditions that would need to be met if Ministers were minded to grant planning permission.

This document contains a decision letter from the Scottish Ministers regarding a planning application for the erection of 21 dwellings at Nethybridge Station Yard in the Cairngorms National Park. The application, initially submitted to The Highland Council, was called in for the Scottish Ministers' determination due to potential conflict with national policy on flooding. While the Reporter recommended refusal, the Scottish Ministers disagreed and approved the planning permission, subject to conditions. These conditions include requirements for landscaping, ecological surveys, pollution prevention, traffic management, dust mitigation, contamination remediation, drainage design, affordable housing delivery, site levels, and a Speyside Way diversion scheme, all aimed at protecting the environment and ensuring the development's suitability.

This document contains the minutes from the Cairngorms National Park Authority Planning Committee meeting held on 13 December 2024. During the meeting, members welcomed a new Deputy Convener and agreed to alter the agenda. They discussed declarations of interest, approved minutes from the previous meeting, and reviewed an application for detailed planning permission for an estate track, ultimately approving it with an additional condition. The committee also approved the Planning Enforcement Charter, reviewed proposals for reforming the electricity infrastructure consenting process, and noted the decision regarding the erection of 21 dwellings at Nethy Bridge Station Yard. Finally, David Berry, Head of Planning and Chief Planning Officer, provided updates on the Scottish Government Chief Planner's visit, a forthcoming discussion paper, and Transport Scotland's publication of Made Orders for the A9. The public portion of the meeting concluded at 11.10am, with the next meeting scheduled for 24 January 2025.