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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 5 7 March 2008 


CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: REPORT ON CALLED-IN PLANNING APPLICATION 

Prepared by: IRAM MOHAMMED, ASSISTANT PLANNING 
OFFICER AND NEIL STEWART, PLANNING OFFICER (DEVELOPMENT MANAGEMENT) 

DEVELOPMENT PROPOSED: ERECTION OF DWELLING AT LAND 
100M NORTHWEST OF BIRCH COTTAGE, DRUMUILLIE, BOAT OF GARTEN (OUTLINE PP) 

REFERENCE: 07/414/CP 

APPLICANT: MR ALEXANDER D GRANT 

DATE CALLED-IN: 2 NOVEMBER 2007 

RECOMMENDATION: REFUSAL 


Fig. 1 - Map showing the location of the site. 


SITE DESCRIPTION AND PROPOSAL 

1. Outline planning permission is being sought for the erection of a 
dwelling on land 100m northwest of Birch Cottage, Drumuillie. 

2. The site to which this application relates is located on the north side of 
the A95 on croft land, known as Lot 5, within the loose grouping of 
houses and buildings known as Drumuillie, which lies to the north of 
Boat of Garten. The immediate area surrounding the proposed site is 
approximately 3.1ha, and the land rises up gently from the main road 
(Fig 2). 

Fig. 2 – Colour photo taken looking north wards showing Lot 5. 

3. The southern part of the croft land is currently being used as a grazing 
paddock, with a caravan having been placed to the south east of the 
site, while the northern part, which is where the dwelling is proposed, is 
covered by trees, with only a small section within this woodland having 
been cleared. The location of the proposed dwelling is just inside this 
woodland on a flat ridge (Fig 3). The site has been excavated with a 
septic tank having been installed. To my knowledge a retrospective 
building warrant application has been received by Highland Council, 
and is pending a decision. 

Fig. 3 – Colour photo taken looking north west showing the track leading up to the 
woodland area at the back of the site. Arrow shows the location of the 
proposed dwelling. 


History and Background 

4. The applicant has previously applied for 2 separate outline planning 
permissions on Lot 7, which is adjacent to the current application. One 
application was for the erection of a dwelling on the southern part of Lot 
7 and another for the erection of a dwelling on the northern part of Lot 
7. Both applications proved unsuccessful and were refused by Highland 
Council on 9 September 1996 for the following reasons: 

1. The proposal would be contrary to the Housing in the Countryside 
Policies contained in the Final Draft with Modifications (3) Badenoch 
and Strathspey Local Plan, which indicates that a strong presumption 
will be maintained against the development of houses in (inter alia), the 
Drumuillie area except where required for land management or related 
reasons. The Plan Policy also presumes against development of further 
ad hoc clusters of houses in the countryside, the relationships of 
proposed dwellings to each other, and to existing dwellings, would 
result in the formation of such an ad hoc cluster. 

2. The proposed development would help to consolidate existing 
scattered dwellings into a ribbon pattern of development which would 
be likely to be detrimental to road safety, by virtue of the increase in the 
use and number of individual accesses taking direct access to this busy 
trunk road 

3. The applicant has failed to show that the land which would be required 
for the visibility splays from the proposed access is in his control. 


5. Subsequently the applicant appealed Highland Council’s decision to 
refuse the erection of a dwelling on the southern half of Lot 7. The 
decision to refuse was upheld by the SEIRU on 27 August 1997. 

6. The Committiee is asked to note that, it was brought to the attention of 
the CNPA by Highland Council on 6 February 2008 that the applicant 
has sited a static home on the proposed site. As I understand it, the 
applicant and his wife currently reside in the static home permanently 
as they have sold their property in Boat of Garten. The static home has 
also been connected to the Septic Tank on site. 2 letters have been 
received by the residents of Locheil and Birch Cottage in Drumuillie in 
relation to this, which have been attached to the back of the report for 
your information only (See APPENDIX 1). As it stands, Highland 
Council gave the applicant 14 days in which to submit a planning 
application for the retrospective temporary siting of the static home. 
This has now been submitted. However the application has not been 
validated as yet. 


DEVELOPMENT PLAN CONTEXT 

7. Highland Structure Plan (approved March 2001) 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. 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. 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. 

8. The site lies within an area covered by Policy 2.1.2.3 for Restricted 
Countryside Areas in the Badenoch and Strathspey Local Plan 
(September 1997). 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. 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. Policy 

2.5.4. (Woodland and Trees) protects existing trees and established 
woodland areas which are important landscape, wildlife and amenity 
features of the countryside. 

9. 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. For justification based on croft management it is recognised 
that a degree of flexibility will be required, for example, in such 
circumstances it may not be possible to sustain full time employment 
and this will be taken into consideration. Any application for a house 
associated with crofting should be accompanied by confirmation from 
the Crofters Commission of the bones fides of the crofting application. 


Cairngorms National Park Plan 2007 

10. The recently adopted Cairngorms National Park Plan (2007) 
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. 

11. 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. 

12. The section known as ‘Conserving and Enhancing the Park’ explores 
Integrated Land Management and highlights the importance of farming 
and crofting. Strategic Objections for this section include encouraging 
the continued development of crofting where it provides opportunities 
for small-scale and part-time land management and production, in 
addition to the mainstream farming sector. 


CONSULTATIONS 

13. The proposal has been assessed by SEPA, who have no objection to 
the development so long as the proposal for foul drainage is 
acceptable, where the required minimum distances can be achieved.1 

14. The Crofters Commission have advised that their records show the 
owner of the croft to be Mr Alexander D Grant. They state that, Mr 
Grant has been the owner of the croft since 1995 and since that time 
there have been no Decrofting Directions issued in respect of the croft. 
In conclusion the Commission support the building of croft housing to 
enable a crofter or owner of the croft to reside there and make best use 
of the land. 

15. Transport Scotland (Trunk Roads Network Management 
Directorate) advises that planning permission be refused. Their 
reasons for this recommendation are: 

1. The proposed development could result in an increase in 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; 

2. The development proposes to take access at a location where there 
has been a serious accident, thus the proposed development may 
result in increasing the likelihood of another accident at this location, 
consequently, creating interference with the safety and free flow of 
traffic on the trunk road. 

16. The CNPA’s Heritage and Land Management Group (HLM) 
examined the proposal, particularly from a landscape perspective. HLM 
comments are provided assuming that a sufficient justification can be 
made under land management criteria. 


1 In the interests of protecting surface waters a minimum distance of 10 metres from a soakaway to a 
watercourse (including ditches and field drains) and 50 metres from soakwaway to a well or abstraction 
is required. In the interests of protecting groundwater a minimum distance of 1 metre from the bottom 
of distribution pipes of a soakaway to the seasonally highest water table is required. 



Impact upon trees and the woodland 

17. The building would be located within mature pine woodland and is 
contiguous the Ancient Woodland designation above the site. Several 
trees would need to be felled and this would clearly have an effect on 
the character of the woodland edge. Some work has been undertaken 
in the vicinity of the proposal but so far this has had no visual effect on 
the wider area because it is only visible from within the woodland. 

18. It is quite likely that in addition to the direct effect of building the 
dwelling, indirect effects may require the removal of additional trees 
either now or in the near future. These might be to facilitate a garden 
area, increase light to the property or open up a particular view for 
example. 

Landscape and Visual impact 

19. Generally the other houses in the area are closer to the road and/or on 
the same level. Most of them are less that 30m from the road though 
there is one that is 60m. There is a small number to the south west that 
are away from the road and higher up. However most of these are 
separated from the settlement by woodland and beyond the visual 
envelope for it. 

20. This dwelling would clearly belong to the settlement of Drumullie, 
however there is a concern that its location, being further away and 
higher will mean a significant change in the general settlement pattern. 

Possible mitigation 

21. To avoid the negative effects listed above it would be possible to locate 
a dwelling lower down the slope, either close to the existing free 
standing lum or possibly close to the caravan. Either location would 
prevent damage to the woodland edge and reinforce the existing 
building pattern which is a characteristic of the settlement. 

22. Boat of Garten and Vicinity Community Council have no objection to 
the proposal. 


REPRESENTATIONS 

23. The application has been advertised by Highland Council as a potential 
Departure from the Development Plan. 3 letters of objection have been 
received, 2 of which are from the same objector (See APPENDIX 2). In 
summary the issues raised, include: 

• No notification for the septic tank and soak away which was installed in 
July 2007 was received; 

• Infrequent agricultural activity on the ‘croft’ does not justify the request 
for a croft house; 

• Increased use of the access off the A95; and 

• Proposal contrary to development plan policies and granting planning 
permission could set a precedent in the area. 

24. In addition, the applicant has submitted letters of support for the 
application which is attached to the back of this report (See APPENDIX 
3). 


APPRAISAL 

25. The proposed development is for a dwelling house in a Restricted 
Countryside Area. The key issue to assess in this application is the 
principle of a dwelling house on this site in relation to development plan 
polices. This assessment will also reflect on other important issues 
such as general siting, visual impact, road access and the precedent 
that such a development may set. 

26. In terms of principle, the proposed siting of the dwelling is identified in 
the Local Plan as an area of Restricted Countryside, where there is a 
strong presumption against residential development unless these is a 
land management (agricultural or crofting) justification for allowing 
otherwise. 

27. Highland Council’s Development Plan Policy Guidelines 2003 
recognises that a degree of flexibility will be required. Any application 
for a house should be a registered croft or associated common grazing 
and be accompanied by appropriate confirmation from the Crofters 
Commission of the bone fides of the crofting application. As noted in 
the consultation sections of this report, the Crofters Commission has 
expressed general support for applications of this nature. 

28. The CNPA has previously supported croft house proposals in 
Restricted Countryside areas, where there is a proper case being put 
forward by the applicant. In light of this and in the interest of 
consistency in the assessment of planning applications of this nature, 
the applicant was asked to submit further details to verify the 
justification for a dwelling on this site. Information specifically requested 
by the CNPA included: 

• Confirmation of overall size of croft and landholding map; 

• Numbers and species of live stock; 

• Any existing accommodation on the landholding; 

• Confirmation on the agreement to enter into a Section 75 legal 
agreement, restricting the occupancy of the proposed dwelling, and; 

• Details on tree felling required on the site and extent of planting 
proposed in the vicinity. 


29. A response was received by the applicant in support of the planning 
application. However the letter failed to fully address the above 
requests. While there is no dispute that the applicant is the registered 
croft owner, no adequate land management justification has been 
provided. The applicant has also not agreed to an occupancy restriction 
being imposed, in the standard way, by a Section 75 legal agreement. I 
therefore consider that, despite the Crofters Commission general 
support for croft housing, an insignificant amount of justification has 
been demonstrated to comply with the terms of the Restricted 
Countryside policy. 

30. The applicant’s response also advised of the previous history of the Lot, 
which included the siting of 3 dwellings which have been removed. It is 
important to note, the existence of previous dwellings would only be a 
significant material consideration if they were still on site, in which case 
this application could have been considered as a replacement house. 

31. It is also important to note, previous planning applications determined 
by Highland Council in the 1990s in the adjacent Lot 7 where refused 
for the reasons stated in paragraph 4. 

32. The negative response to the application from Transport Scotland is 
noted in paragraph 15. Their response reinforces the objections raised 
from neighbouring properties, on the concerns about the increased 
traffic flow the proposed development would have on the trunk road and 
the precarious location, which has witnessed a serious accident. The 
Committee should note, if they feel approval should be given, the 
refusal recommendation from Transport Scotland would mean the 
application would require to be notified to the Scottish Government for a 
final decision. 

33. As proposed this development would mean intruding into woodland, 
and the removal of several trees, which would create a visual impact 
and weaken the settlement pattern of Drumullie. The HLM Group, as 
suggested in paragraph 21, have identified possible steps which could 
be taken to mitigate any negative impact the proposal would have on 
the landscape. However, doing this would not remove the fundamental 
policy and trunk roads objections. Moving the house closer to the road 
would also create ribbon development. 

34. Taking on board the lack of information provided by the applicant and 
its importance in assessing the justification of a dwelling on this site, as 
well as the recommendation of refusal by Transport Scotland on the 
basis of increased vehicular activity, the only recommendation that I 
can give is one of refusal. 


IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

35. Although there are no natural heritage designations, a new unjustified 
dwelling house on this prominent site, together with the formation of its 
access, will have negative impacts on the character and quality of this 
part of the rural landscape of the National Park and would potentially 
set a precedent for additional development which could further erode 
the character of the area. It would not therefore promote the 
conservation or enhancement of the natural heritage of the area. 

Promote Sustainable Use of Natural Resources 

36. This is an outline planning application, therefore, details of the 
proposed new building have not been provided. It is not therefore 
possible to assess compliance with this aim. 

Promote Understanding and Enjoyment 

37. Not relevant to this application. 

Promote Sustainable Economic and Social Development 

38. The development proposal represents a dwelling house in the 
countryside, which has not been sufficiently justified as being necessary 
for land management purposes. 


RECOMMENDATION 

39. That Members of the Committee support a recommendation to: 
REFUSE Outline Planning Permission for erection of dwelling house, at 
land 100m northwest of Birch Cottage, Drumuillie, Boat of Garten 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 the Badenoch and Strathspey Local Plan Policy 2.1.2.3. 
(Restricted Countryside Areas), all of which restrict new houses in 
the countryside unless there are particular circumstances and 
special needs in relation to land management. It has not been 
sufficiently demonstrated that the proposed dwelling house 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 will result in an increase in the 
number and type of vehicles entering and leaving the traffic 
stream on the A95 Trunk Road, at a point where visibility is 
restricted and where there has been a serious road traffic accident 
in the past. To permit the proposal would create additional 
interference with the safety and free flow of traffic on the A95 
Trunk Road and as such increase the likelihood of further serious 
road traffic accidents at this location. 


Iram Mohammed 
planning@cairngorms.co.uk 
28th February 2008 

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 


APPENDIX 2 


APPENDIX 3