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CAIRNGORMS NATIONAL PARK AUTHORITY 


MINUTES OF THE PLANNING COMMITTEE 
held at Albert Hall, Ballater 
on 6th March 2009 at 10.30am 


PRESENT 

Eric Baird 		Bob Kinnaird 
Stuart Black 		Willie McKenna 
Duncan Bryden 		Eleanor Mackintosh 
Jaci Douglas 		Ian Mackintosh 
Dave Fallows 		Alastair MacLennan 
Lucy Grant 		Gregor Rimell 
David Green 		Richard Stroud 
Drew Hendry 		Susan Walker 
Marcus Humphrey 

IN ATTENDANCE: 

Don McKee 		Hilary MacBean 
Mary Grier 		Andrew Tait 
Neil Stewart 		Marie Duncan 

APOLOGIES: 
Geva Blackett 		Mary McCafferty 
Fiona Murdoch 		Andrew Rafferty 



AGENDA ITEMS 1 & 2: 
WELCOME AND APOLOGIES 

1. The Convenor welcomed all present. 

2. Apologies were received from the above Members. 


AGENDA ITEM 3: 
MINUTES & MATTERS ARISING FROM THE PREVIOUS MEETING 

3. The minutes of the previous meeting 20 February 2009, held at Talla nan 
Ros, Kingussie were approved. 

4. There were no matters arising. 


AGENDA ITEM 4: 
DECLARATION OF INTEREST BY MEMBERS ON ANY ITEMS APPEARING ON THE 
AGENDA 

5. Bob Kinnaird and Alistair MacLennan declared an interest in 
Planning Application No. 09/047/CP. 

6. Willie McKenna declared an interest in Planning Application No. 
09/058/CP. 

7. Stuart Black, Jaci Douglas, Dave Fallows, Drew Hendry and Gregor Rimell 
declared an interest in Planning Application No. 09/060/CP. 

8. David Green declared an interest in Item No.7 on the Agenda. 

9. Anne MacLean declared an interest on AOB (Revised conditions 
07/230/CP) 


AGENDA ITEM 5: 
PLANNING APPLICATION CALL-IN DECISIONS 
(Oral Presentation, Mary Grier) 

10.09/045/CP - No Call-in 

11.09/046/CP - No Call-in 

Bob Kinnaird and Alistair MacLennan declared an interest 
and left the room. 

12.09/047/CP - No Call-in 

Bob Kinnaird and Alistair MacLennan returned. 

13.09/048/CP - The decision was to call-in the application for the following 
reason : 

• The development seeks to accommodate the principle of 
significant levels of housing development, as well as an 
area for economic development and community and 
commercial uses. The proposal is considered to be of 
importance to the future development of Kingussie. Two 


candidate core paths are also located within the 
proposed site boundaries. The overall proposal is 
considered to raise issues of general significance to the 
collective aims of the National Park. 

14.Duncan Bryden suggested to members scheduling a site visit for 
09/048/CP. 

15.09/049/CP - The decision was to call-in the application for the following 
reason : 

• The development represents a further consolidation of an 
established business which is sited within a National Scenic 
Area. Similar to the case with previous applications 
relating to the established business, the proposal is of 
general significance to the aims of the National Park, and 
is of particular significance in terms of conserving and 
enhancing the natural heritage of the area, the promotion 
of recreation and tourism and also social and economic 
development. 

16.09/050/CP - No Call-in
17.09/051/CP - No Call-in
18.09/052/CP - No Call-in 

The decision was to call-in the application for the following 
reason : 

• While recognising that the site has outline planning 
permission, the scale of the proposal, together with its 
location in a woodland setting which forms the settlement 
edge to Nethy Bridge, raises issues in relation to natural 
heritage, the sustainable use of natural resources and the 
social and economic development of the area. 
Consequently, the proposal is considered to raise issues of 
general significance to the collective aims of the National 
Park. 

19.09/053/CP - The decision was to call-in the application for the following 
reason : 

• The proposed development is located on land which has a 
wide variety of natural heritage designations including the 
River Spey SAC and SSSI. The site also encompasses a Spey 
Access Point and is a candidate core path. The proposal 
raises issues in relation to natural heritage, recreational 
access issues and is also of significance to the social and 
economic development of the area. 

20.09/054/CP - The decision was to call-in the application for the following 
reason : 

• The proposed development is for the erection of a new 
dwellinghouse in a Restricted Countryside Area in the 
Badenoch and Strathspey Local Plan. The access to the 
proposed site also forms part of the Speyside Way and is a 
candidate core path. As such the proposal raises issues in 
relation to housing in the countryside policy, and also 
impacts on formal recreational access, and social and 
economic development. As such it is considered to raise 
issues of general significance to the collective aims of the 
Cairngorms National Park. 

21.09/055/CP - No Call-in 
22.09/056/CP - No Call-in 
23.09/057/CP - No Call-in 

Willie McKenna declared an interest and left the room. 

24.09/058/CP - No Call-in 

Willie McKenna returned. 

25.09/059/CP - No Call-in 

Stuart Black, Jaci Douglas, Dave Fallows, Drew Hendry and 
Gregor Rimell as Highland Councillors declared an interest 
and left the room. 

26.Susan Walker proposed a motion to Call in 09/060/CP due to the nature of 
the design, preferring instead an extension to the original building .This was 
seconded by Eric Baird. 

27.Marcus Humphrey proposed an amendment that the application is not 
Called in but that comments are submitted to the Highland Council. This 
was seconded by Lucy Grant. 

28. The vote was as follows: 

MOTION 
Eric Baird 
David Green 
Bob Kinnaird 
Eleanor Mackintosh 
Ian Mackintosh 
Alastair MacLennan 
Susan Walker 
TOTAL 7

AMENDMENT 
Duncan Bryden 
Lucy Grant 
Marcus Humphrey 
Willie McKenna
Anne MacLean  
Richard Stroud 
TOTAL 6

ABSTAIN 
TOTAL 0 

29.The Committee agreed to call in application 09/060/CP as it was seen as 
significant to the aims of the Cairngorms National Park. 

30.09/060/CP - The decision was to call-in the application for the following 
reason : 

• The proposed development is for a substantial temporary 
building within the grounds of Alvie primary school, where 
the original school building is considered to be of 
significance to the cultural heritage of the area. This 
appears to be replacing an existing temporary unit and 
seems to be part of a continuous cycle of providing 
temporary accommodation at Alvie Primary School 
rather than the provision of a permanent solution. The 
proposal therefore raises issues in relation to the aims of 
the National Park, including conserving and enhancing 
the cultural heritage of the area, as well as the promotion 
of the social and economic development of the area. 

The Highland Councillors returned. 

31.09/061/CP - No Call-in
32.09/062/CP - No Call-in
33.09/063/CP - No Call-in


34.09/064/CP - No Call-in 


COMMENTING ON APPLICATIONS NOT CALLED-IN BY THE COMMITTEE 

35.The Members wished to make comments to the Local Authorities on the 
following Planning Application No’s 09/045/CP, 09/047/CP, 09/051/CP, 
09/056/CP, 09/058/CP, 09/059/CP, 09/061/CP, 09/063/CP & 09/064/CP. 
The planning officers noted these comments and were delegated with the 
responsibility of whether or not to submit the comments to the Local 
Authorities. 


AGENDA ITEM 6: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF 6 HOLIDAY 
CHALETS SITES TO NORTH AND EAST OF GLEN CLOVA HOTEL, GLEN CLOVA. 
(PAPER 1) 


36. Andrew Tait (Planning Officer) presented a paper recommending that 
the Committee approve the application subject to the conditions in the 
report. 
37.Andrew Tait advised members of amendments to be made to conditions; 

• Condition.4 - Phased landscaping to continue throughout 
development. 
• Condition.11- Delete Loch Brandy and replace with Loch Esk. 

38.The Committee were invited to ask the Planning Officer points of 
clarification, the following were raised: 

a) Concerns over visibility on Site 2. 
b) Appraisal 25- the possibility of further expansion and the effect on the 
facilities. 
c) Clarification of Paragraph 33- and the installation of a district heating 
scheme. 
d) Clarification of sustainability and home grown timber. 
e) Clarification of Condition 10 and sustainability statement. 

39.The Committee discussed the application and the following points were 
raised: 

a) The success of the site and increase in visitors. 
b) The need for further accommodation and the positive response from 
the community. 
c) The need to strengthen Condition 10 to include the heating facility. 

40.The Committee agreed to approve the application subject amendments 
in Condition.4, Condition.10 and Condition.11. Members agreed to 
delegate amending conditions to Andrew Tait. 


AGENDA ITEM 7: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF HOUSE AT 
MULLINGARROCH CROFT, STREET OF KINCARDINE, BOAT OF GARTEN. 
(PAPER 2) 

David Green declared an indirect interest. 

41.Hilary MacBean (Planning Officer) presented a paper recommending that 
the Committee approve the application subject to the conditions stated 
in the report. 

42.Hilary MacBean advised members of some outstanding issues; 

• Including ‘Street of Kincardine’ to the development address. 
• SEPA objection outstanding but evidence clear that site out with flood 
risk area. 

43.Hilary MacBean advised members Fiona Powell and Mick Morris 
(Applicants) and Greig Munro (Agent) was present but did not wish to 
address the Committee formally but was available for questions. 

44.The Committee were invited to ask the Planning Officer points of 
clarification, the following were raised: 

a) Clarification of access options and alternatives. 
b) Clarification of letting and regaining land. 
c) Clarification on static caravan use and condition. 
d) Clarification on letter of representation 

45.The Committee were invited to ask questions of Fiona Powell and Mick 
Morris (Applicants) and discuss the application and the following points 
were raised: 

a) The farmers’ co-operation on regaining the land. 
b) Confirmation the static caravan is in good working condition. 
c) Confirmation that it is a registered croft. 
d) The development as an Eco-croft. 
e) Sustainability and materials. 
f) The farm produce and livestock. 
g) Measures taken to ensure a low carbon footprint within development. 

46.Duncan Bryden thanked Fiona Powell and Mick Morris. 

47.The Committee discussed the application and the following points were 
raised: 

a) Inclusion of the Eco features within a sustainability statement. 
b) Addition of condition implementing a sustainability statement. 
c) Possibility of application for cover over plants to extend growing 
season. 
d) Future employment opportunities. 

48.The Committee agreed to approve the subject to; 

• The SEPA objection is withdrawn. 
• Applicants sign Section 75 agreement. 
• Access sightline resolved. 
• Condition 3. varied to allow field access to be used for agricultural 
purposes. 
• A condition that a sustainability statement is provided. 
• A condition to ensure the caravan is maintained in the appropriate 
way. 


AGENDA ITEM 8: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF 6 FLATS 
(PHASE 1) AT LAND SOUTH EAST OF GRANT ARMS HOTEL, 25-26, THE SQUARE, 
GRANTOWN ON SPEY 
(PAPER 3) 

49.Hilary MacBean (Planning Officer) presented a paper recommending that 
the Committee approve the application subject to the conditions stated 
in the report. 

50.The Committee discussed the application and the following points were 
raised: 

a) Clarification of access and road safety. 
b) Concerns over traffic and high pedestrian use. 
c) The possibility of different road surfacing for pedestrian routes. 
d) Clarification on the advice note on energy efficiency. 
e) The positive design changes made to the application in order to meet 
the aims of the park. 
f) Clarification on Condition.4 and Sustainable Urban Drainage Systems 
(SUDS) approval by CNPA. 

51.The Committee agreed to approve the application subject to the 
conditions stated in the report and reinforcing the advice note. 


AGENDA ITEM 9: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR DEMOLITION OF 
STEADING AND ERECTION OF HOUSE AT BALNAGOWAN STEADING, 
NETHYBRIDGE 
(PAPER 4) 

52.Duncan Bryden advised members Mark Myles (Agent) was present but did 
not wish to address the Committee formally but was available for 
questions. 

53.Hilary MacBean (Planning Officer) presented a paper recommending that 
the Committee approve the application subject to the conditions stated 
in the report. 

54.Hilary MacBean advised members of a late Bat Survey not yet submitted 
to SNH for consultation and would be minded to grant subject to SNH 
response and conditions governing timing of works and resurveying. 

55.The Committee were invited to ask the Planning Officer points of 
clarification, the following were raised: 

a) Clarification of Condition in relation to SNH response. 
b) The disturbance of the bats depending on the outcome of SNH 
response. 
c) The stability of the building. 
d) Clarification of the previous application on the site. 
e) Clarification of double garage and colour of paint. 
f) Clarification of demolition and permitted development. 
g) Concerns over the size, stone and footprint of new design. 
h) The Status of the house and consideration of infill policy. 

56.The Committee were invited to ask questions of Mark Myles (Agent) and 
the following points were raised: 

a) Paragraph 26 & 27 and clarification on stabilisation. 
b) The engineer’s reports. 
c) Consideration of existing structure to the culture of the village. 
d) The opportunity to renovate and rebuild instead of replace. 
e) Concerns on why issue of stability was not recognised on previous 
planning application. 
f) Clarification of low roof levels in new development. 

57.Duncan Bryden thanked Mark Myles (Agent). 

58.The Committee discussed the application and the following points were 
raised: 

a) Detrimental effect to Nethy Bridge Plan. 
b) Concerns the character of development is not similar to existing Nethy 
Bridge builds. 
c) Consideration of the aims of the CNPA. 
d) The historic importance and link to agricultural past. 
e) The consultation response from CNPA Landscape officer. 
f) The possibility of a rebuild and not replacement. 
g) The lack of engineering expertise available at meeting for this 
application. 
h) The possibility of an independent survey. 
i) Clarification of what would happen if application was refused or 
deferred. 
j) The possibility of a site visit. 
k) More sympathetic aspects of design. 

59.The Committee agreed to defer the application until an independent 
engineer’s survey is done and to allow, in the meantime, some further 
consideration of design changes. Copies of engineering reports to be 
published on agenda in full and an engineer to be present at committee 
and at proposed site visit. 


AGENDA ITEM 10 
ANY OTHER BUSINESS 

60.Neil Stewart (Planning Officer) used a short power point presentation to 
inform members of an Appeal against non-determination (received 25 
Feb 09) for full planning permission for erection of 6 No Flats (Amended 
Proposal), Shelter Stone, 129 Grampian Road, Aviemore (08/406/CP). 

61.Neil Stewart advised members he needed to seek Committees opinion on 
the development to inform position to be taken at appeal. 

62.The Committee discussed the application and the following points were 
raised: 

a) Scale, siting, size & design and unacceptable adverse impacts on 
listed building. 
b) The height of design and unacceptable impact on neighbours. 
c) Precedent for inappropriate infilling. 
d) Concerns that the previous reasons for refusal have not been 
addressed. 

63.Neil Stewart recommended members defend appeal on the basis of the 
same reasons for refusal previously made but acknowledge potential 
economic benefits of provision of holiday accommodation. 

64.Members agreed to defend appeal, on this basis. 

Anne MacLean declared an interest and left the room. 

65.Neil Stewart advised members of the recommendation paper prepared 
by Andrew Tait for the revised conditions 2, 5,29,35,36 and 37 from 20th 
February 20009 Planning Committee meeting (Paper 2) Erection of 81 
Houses and access roads at Newtonmore (07/230/CP). 

66.The Committee agreed to approve the amendments to the conditions. 

Anne MacLean returned. 

67.David Green reminded members he was looking for volunteers from the 
board to help at the CNPA stand at the Royal Highland Show 25th – 28th 
June 09. 

68.Concerns were raised and discussed over subjectivity of design on 
applications within CNP. 

69.Gregor Rimell asked that planning application 09/060/CP, Alvie School, 
should be determined promptly as the school role is at its maximum level. 


AGENDA ITEM 11 
DATE OF NEXT MEETING 

70.Friday 10:30am on 20th March 2009 at Richmond Memorial Hall, Tomintoul. 

71.Committee Members are requested to ensure that any Apologies for this 
meeting are submitted to the Planning Office in Ballater. 

72.The meeting concluded at 13:50pm.