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CAIRNGORMS NATIONAL PARK AUTHORITY 

Title: REPORT ON CALLED-IN PLANNING APPLICATION 

Prepared by: DEREK MANSON, PLANNING (DEVELOPMENT MANAGEMENT) 
OFFICER 

DEVELOPMENT PROPOSED: 		PLANNING APPLICATION FOR 
				ERECTION OF SHOOTING LODGE 
				AND ACCESS ROAD AT LAND 2300M 
				SOUTH OF PIPERS CROFT, 
				CATLODGE AND OFF A889, LAGGAN 
REFERENCE:			09/351/CP 
APPLICANT: 			MR MICHAEL PATTISON 
DATE CALLED-IN: 			13 NOVEMBER 2009 
RECOMMENDATION: 		REFUSAL 


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Fig. 1 - Location Plan 

SITE DESCRIPTION AND PROPOSAL 

1. This application is for Planning Permission in Principle for the erection of a 
shooting lodge and access road on land 2300m south of Pipers croft, 
Catlodge. The application site is within recently planted pine woodland 
northeast of the A889 on Cathar Mor, which is designated as an Area of 
Great Landscape Value (AGLV). Access to the site would be taken off the 
A889 trunk road. The development proposal is based on a land management 
justification for a shooting lodge which is discussed later in the report. 

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Fig. 2 – Site of proposed house 

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Fig. 3 – Access to the site 

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Fig. 4 – Site Location Plan 

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DEVELOPMENT PLAN CONTEXT 

Highland Structure Plan (approved March 2001) 

2. Policy H3 states that housing will generally be within existing and planned 
new settlements. New housing in the open countryside will not be permitted 
unless it can be demonstrated that it is required for the management of land 
and related family purposes. This is to strengthen the role of the existing 
settlements and to safeguard the character of the countryside for both 
residents and visitors. In areas where communities are experiencing difficulty 
in maintaining population and services some housing may be acceptable. 

3. Policy L4 Landscape Character, states that the Council will have regard 
to the desirability of maintaining and enhancing present landscape character in 
the consideration of development proposals. 

4. Policy G2 Design for Sustainability, lists a number of criteria on which 
proposed developments will be assessed. These include compatibility with 
service provision (water and sewerage, drainage, roads, schools, electricity); 
accessibility by public transport, cycling, walking and car; maximisation of 
energy efficiency in terms of location, layout and design (including the 
utilisation of renewable energy sources); and impacts on resources such as 
habitats, species, landscape and cultural heritage. 
Badenoch and Strathspey Local Plan (September 1997) 

5. Policy 2.1.2.3 for Restricted Countryside Areas. This policy has a 
strong presumption against the development of new houses. Exceptions will 
only be made where a house is essential for the management of land, related 
family and occupational reasons. Restrictions on the subsequent occupancy of 
such houses will be enforced, and adherence to the principles of good siting 
and design will be required. The site is located within a restricted countryside 
area. 

6. Policy 2.1.2. (Housing in the Countryside) states that single houses 
outwith recognised settlements will require to be compatible with the scale 
and character of local buildings where appropriate, properly located in 
harmony with the landscape, and designed to a high standard with particular 
emphasis on proportions, roof pitch, fenestration and selection of materials. 

7. Highland Council’s Development Plan Policy Guidelines (April 
2003) provides more detailed guidance on the interpretation of specific 
policies contained in the 1997 Local Plan, in light of the subsequently 
approved Structure Plan of 2001. This document states that new housing 
within the open countryside will be exceptional, and will only be permitted 
where it is required for the management of land or it is required for family 
purposes related to the management of land (retired farmers and their 
spouses). In certain areas, some housing in the countryside may be permitted 
to support the viability of rural communities experiencing difficulties in 
maintaining population and services. 

Cairngorms National Park Plan 2007 

8. Highlights the special qualities of the Cairngorms, stating that the 
“Cairngorms is widely recognised and valued as an outstanding environment 
which people enjoy in many different ways.” It recognises that there is a 
wide diversity of landscape, land-uses, management and community priorities 
across different parts of the Park. In a section entitled ‘Living and Working in 
the Park’ the subject of ‘housing’ is explored. The Plan refers to the need to 
ensure greater access to affordable and good quality housing in order to help 
create and maintain sustainable communities as one of the key challenges in 
the National Park. Reference is also made to the quality and design of new 
housing which is expected to meet high standards of water and energy 
efficiency and sustainable design and also to be consistent with or enhance 
the special qualities of the Park through careful design and siting. 

9. The plan also seeks to ensure that development complements and enhances 
the landscape character of the Park. The Plan goes on to consider that new 
development in settlements and surrounding areas should complement and 
enhance the character, pattern and local identity of the built and historic 
environment. 

CONSULTATIONS 

10. Highland Council Area Roads Manager has commented that from an 
area roads perspective they have no comments but have advised that as the 
application site is served directly by the A889 trunk; then the views of the 
Trunk Roads Authority should be sought. 

11. The Trunk Roads Authority has advised that planning permission be 
refused as the proposed development would result in increasing the number 
and type of vehicles entering and leaving the traffic stream at a point where 
visibility is restricted thus creating interference with the safety and free flow 
of the traffic on the trunk road. 

12. Heritage and Land Management (HLM) has advised that planning 
permission be refused on landscape grounds. They comment that the 
proposed development is located in a position that would impact upon the 
character and experience of the Cather Mor, an AGLV and an area that 
exhibits some of the special qualities of the park. They add that a new 
shooting lodge in the location proposed would not contribute to the natural 
and cultural heritage of the National Park and a lodge at this site would 
conflict with the remote, upland and uninhabited character of the Cathar Mor. 

REPRESENTATIONS 

13. No representations have been received. The proposal was advertised in the in 
the Strathspey and Badenoch Herald on 11.11.09. 

APPRAISAL 

Introduction 

14. This is a planning application for Planning Permission in Principle for a lodge 
and is effectively what would have been regarded as an Outline Planning 
Application under the old planning system. Consequently, the proposal raises 
a number of issues including roads, landscape and the principle of the 
development. The main principle relates to whether the location of the lodge 
accords with policy in terms of where planning policy seeks to direct 
development to and if the applicants have demonstrated a suitable land 
management justification for a new house. 

Principle 

15. This proposal was called-in because it was considered to raise a number of 
issues of significance with regard to the aims of the Park. The lodge is located 
in an area where the Badenoch and Strathspey Local Plan indicates against 
new housing unless there is a land management justification. There was also 
concern that the granting of permission would set a precedent for more 
proposals of this nature. The applicant has submitted a supporting statement 
for the proposed shooting lodge and this can be seen in Appendix 1. The 
submitted supporting statement details the activities which the applicant plans 
to carry out on the estate. The activities outlined in the supporting statement 
are not activities which would require a full time on site presence therefore 
the supporting statement is not considered to demonstrate that a lodge at 
this location is essential for the management of the land and is therefore 
contrary to the development plan policies. 

Landscape 

16. The proposed site is located within an area of recently planted pine woodland 
northeast of the A889(T) on the Cathar Mor. The trees range in height from 
approximately 2m to 4m. In terms of landscape the proposed site is located 
within an Area of Great Landscape Value (AGLV). The landscape and visual 
character of the area is characterised by expansive tracts of moorland and 
wide open views of the hills in all directions. The landscape officer 
commented that “a building and associated activity in this location would 
conflict with the remote, upland and uninhabited character of the Cathar Mor. 
From this response it is clear that the proposal is likely to have a significant 
detrimental landscape impact. 

Technical Issues 

17. The Trunk Roads Authority has advised that planning permission be refused 
as the proposed development would result in increasing the number and type 
of vehicles entering and leaving the traffic stream at a point where visibility is 
restricted thus creating interference with the safety and free flow of the traffic 
on the trunk road. If approval was granted then the decision would have to be 
referred to the Scottish Ministers. 

IMPLICATIONS FOR THE AIMS OF THE PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

18. The proposal is for Permission in Principle therefore there are no details of 
the proposed design of the lodge. Consequently, it is difficult to say whether 
the proposal fulfils this aim. 

Promote Sustainable Use of Natural Resources 

19. There is no evidence regarding the source of materials or whether any 
particular energy saving measures would be included within the proposal. 
Approval of a lodge on an isolated site would emphasise the use of the private 
car as a means of transport. 

Promote Understanding and Enjoyment 

20. The proposal has no particular relevance to this aim. 

Promote Sustainable Economic and Social Development 

21. The proposal would provide additional accommodation. However, this should 
be provided in a planned manor in accordance with development plan policies 
rather than being approved on the basis of individual applications without a 
suitable land management justification. 

Conclusion 

22. The proposal is clearly contrary to the prevailing development plan policies as 
it has not been sufficiently demonstrated that the lodge is essential for land 
management purposes. In addition to this, it is considered that a lodge at this 
location would have a significant detrimental impact on the landscape 
character of the surrounding area. Furthermore, the proposed access is onto 
a Trunk Road and there has been a Trunk Roads Authority objection to the 
proposal on the grounds that the proposed development would result in 
increasing the number and type of vehicles entering and leaving the traffic 
stream at a point where visibility is restricted. 

RECOMMENDATION 

23. It is recommended to the Members of the Committee that the 
application for Planning Permission in Principle for erection of a 
shooting lodge and access road, on land 2300m south of Pipers 
Croft, Catlodge be REFUSED for the following reasons: 

1. The proposed development is contrary to Regional and Local Planning Policy 
as contained in Highland Structure Plan Policy H3 (Housing in the 
Countryside), Development Plan Policy Guidelines 2003, and Badenoch and 
Strathspey Local Plan Policy 2.1.2.3. (Restricted Countryside Areas), both of 
which restrict new houses at the site unless there are particular 
circumstances and special needs in relation to land management. It has not 
sufficiently been demonstrated that the proposed dwelling is required for the 
purposes of land management. If approved, the development would set a 
precedent for further unjustified development of this nature and would 
encourage the sporadic siting of other residential developments in similar 
rural locations, all to the detriment of the character of the countryside and 
the amenity of this part of the National Park. 

2. The proposed development would result in increasing the number and type 
of vehicles entering and leaving the traffic stream at a point where visibility is 
restricted thus creating interference with the safety and free flow of traffic on 
the trunk road 

3. The proposed development would have a significant negative impact on the 
landscape character of the surrounding area conflicting with its remote, 
upland and uninhabited character. 

Derek Manson 
15 January 2010 
planning@cairngorms.co.uk 

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. 

APPENDIX 1 

END