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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 2 7 May 2004 

CAIRNGORMS NATIONAL PARK AUTHORITY 

Title: REPORT ON CALLED-IN PLANNING 
APPLICATION 

Prepared by: NEIL STEWART, PLANNING OFFICER 
(DEVELOPMENT CONTROL) 

DEVELOPMENT PROPOSED: CONSTRUCTION OF FOOTBRIDGE, AT 
ALLT DHAIDH MOR BURN, MAR LODGE 
ESTATE. 

REFERENCE: 03/052/CP 

APPLICANT: THE NATIONAL TRUST FOR 
SCOTLAND, NORTH EAST REGIONAL 
OFFICE, THE STABLES, CASTLE 
FRASER, SAUCHEN, BY INVERURIE 

DATE CALLED-IN: 27 OCTOBER 2003 
Fig. 1 - Location Plan (not available in text format)

SITE DESCRIPTION AND PROPOSAL 

1. The site is located west of the Linn of Dee along the vehicle track on the Mar 
Estate to the Geldie Lodge site, and is to the south of Duke’s Chair. The 
proposal involves the construction of a new footbridge over the Allt Dhaidh 
Mor Burn, which will replace an existing (collapsed) vehicle bridge which is 
no longer required. The bridge will have a single span, which has its supports 
set back from the banks of the watercourse and as a result there will be no 
change or alterations to the bank profiles or the watercourse itself. The basic 
structure is a 6.9 metres long bridge, of galvanised steel beams, hardwood 
decking and softwood (local) handrails. The line of the (vehicular) track is 
being rerouted with an informal path to the position of the new footbridge 
(approximately 35m to the north of the former crossing). 

DEVELOPMENT PLAN CONTEXT 

2. The site lies within the River Dee candidate Special Area of Conservation 
(cSAC), and the Cairngorm Mountains National Scenic Area (NSA). 
These designations arise out of European and National Directives and 
Regulations respectively, and both require careful assessment of any new 
developments proposed. 

3. For the cSAC, the River Dee is considered to have important populations of 
fresh water pearl mussels, Atlantic salmon and otter. Where an authority 
concludes that a development proposal unconnected with the nature 
conservation management of a Natura 2000 site is likely to have a significant 
effect on that site, it must undertake an appropriate assessment of the 
implications for the designated conservation interests. This assessment may 
necessarily extend outwith the boundary of the site in order to determine any 
implications for the interests protected. This is in terms of the relevant 
Regulations (the Conservation (Natural Habitats &c) Regulations, 1994), 
where the Cairngorms National Park Authority (as the competent authority) 
has a duty to, 

(a) determine whether the proposal is directly connected with or necessary 
to site management for nature conservation; and if not, 

(b) determine whether the proposal is likely to have a significant effect on 
the site either individually or in combination with other plans or projects; 
and, if so, then 

(c) make an appropriate assessment of the implication for the site in view of 
the site’s conservation objectives. 
The authority can approve the proposal only after having ascertained that it 
will not adversely affect the integrity of the site. Otherwise the proposal could 
only be approved if there are imperative reasons of overriding public interest, 
which can include those of a social or economic nature. 

4. For the NSA, any development should not have an adverse effect, and will 
only be permitted where the objectives of the designation and the overall 
integrity of the area will not be compromised - or any adverse effects will be 
clearly outweighed by social and economic benefits of national importance. 

This is encapsulated in the Aberdeen and Aberdeenshire Structure Plan 
2001-2016 (North East Scotland Together, NEST) Policy 19. In the 
Finalised Aberdeenshire Local Plan the main policy that covers this location 
is Policy Env\1 (International Nature Conservation Sites) where 
development that would have an adverse effect on a Natura 2000 or a Ramsar 
site will be refused unless the developer proves: 

(a) there are imperative reasons of overriding national interest, including 
those of a social, environmental or economic nature; 

(b) the objectives of the designation and overall integrity of the area will not 
be compromised; AND 

(c) there is no alternative site for the development. 
Where development is allowed which could affect any of these designated 
sites, including beyond their boundaries, the developer must demonstrate that 
adequate measures will be taken to conserve and enhance the site’s ecological, 
geological and geomorphological interest. Policy Env\5 provides protection to 
NSAs, only permitting a new development where its scale, location or design 
does not detract from the quality or character of the landscape, either in part or 
as a whole. In all cases the highest standards of design will be required. 

CONSULTATIONS 

5. Aberdeenshire Council Flood Prevention Unit (FPU) was consulted, and the 
Unit asked for further details on the structural calculations for the bridge, and 
details of flood flows for the burn in recent years. This information was sought 
from the consulting Engineers for the applicants and the information was 
provided. The FPU have now indicated that they are satisfied with the 
proposal. 

6. Scottish Natural Heritage have been consulted, and their comments centre on 
the special designations for the area - the NSA and the cSAC. SNH considers 
that the bridge is not directly connected with, or necessary to site management 
for nature conservation. However, if a number of issues are satisfactorily 
handled, the construction of the footbridge is not likely to have a significant 
effect on the European features of interest. These issues include, 
-the bridge is constructed such that it is a single span with supports set back 
into the banks, as shown on the plans, 
-there is no modification of the channel profile, 
-there is no release of sediment into the watercourse, 
-there is no intrusion of machinery into the watercourse, 
-the crossing point is passable to migratory fishing (see - River Crossings 
and Migratory Fish: Design Guidance, SE consultation paper, April 2000), 
-there are no obvious structures such as large boulders or trees which may 
hold an otter holt adjacent to the bridge or the rerouted footpath. 

7. Before work commences on site, SNH advise that the applicants submit details 
of the construction and working methods to the Planning Authority for 
approval, and that the site is checked for otters. SNH is prepared to comment 
on the method statement should further advice be required. If the Planning 
Authority decide to grant consent without conditions that cover SNH concerns, 
then SNH would consider that a significant effect on the European features of 
interest is likely and an appropriate assessment is therefore required. 

8. Water Voles are known to be present in the Geldie Burn catchment, but to date 
have not been recorded in the vicinity of the bridge location. SNH advises that 
the site be checked for water voles, and if any signs are found, then SNH 
should be contacted for further advice. 

9. In terms of the Cairngorms Mountains NSA, SNH believe that the proposal 
will not have unacceptable landscape or visual impacts at the proposed 
location, provided the bridge is constructed as described in the plans 
accompanying the planning application. 

REPRESENTATIONS 

10. No separate representations have been received. 

APPRAISAL 

11. In order to establish if a full assessment of the implications for the cSAC’s 
conservation interests was necessary, further information and comments were 
sought from the applicants. Issues requiring further examination included the 
bridge construction and the banks and the water flow at the bridge site, and 
investigating whether this location is important for otters or other specially 
protected species. 

12. Structurally the footbridge has been designed to take at least 10 persons at one 
time, and this is considered to be satisfactory for the level of usage expected. 
The positioning of the bridge has been carefully chosen by the applicants 
because at this site there are naturally formed banks - not artificially formed 
as the previous bridge had - which could suffer from scouring and erosion 
leading to instability of the bridge’s foundations and support. With stable 
sides of the burn at the proposed location it is not proposed to carry out any 
alterations to the banks or provide any scour protection. Conventionally it 
would be expected to bed the bridge ends in concrete, but this is considered 
invasive to this natural site. The bridge design allows for the steel beams to sit 
on top of durable pads of timber. The bridge will be monitored over time to 
establish if there is any movement of the banks, and if needed the bridge can 
be moved (nudged) slightly to improve the safety margin. The design and 
structure of the bridge allows for adjustability as required and can be anchored 
to surrounding rocks if the risk of severe flood was expected. 

13. The National Trust for Scotland was asked to carry out an assessment of the 
site and its immediate surroundings to examine for any activity of Water Voles 
and/or Otters. The Mar Lodge Ecologist carried out a local survey (50metres 
upstream of the proposed footbridge site, and downstream to the confluence 
with the Geldie Burn). There were no signs of the water vole, and the habitat 
at the site was not considered suitable for water voles due to the fast flow of 
water in this section of the burn, the stony banks and the rocky substrate. 
Some old otter spraint was found (under the old vehicle bridge) but there was 
no evidence of an otter holt. 

14. In principle a new bridge is acceptable to provide ease of access across the 
Allt Dhaidh Mor Burn -a safe access for all abilities of recreational walkers, 
as well as Estate staff that are involved in conservation management in Mar 
Lodge Estate. The issue of positioning the footbridge in the right place is 
important with regard to minimising any impact on ground conditions in an 
area where erosion and scouring of the bed and banks of watercourses 
frequently occur. The new informal footpaths to and from the new footbridge 
also require careful establishment. Recent researches indicate that there are no 
otters active at the new bridge site. However it is advisable to carry out a final 
survey as part of the preparatory works for the erection of the new footbridge 
and the new paths, to ensure that there is no new evidence of an otter holt or 
water voles. A planning condition is recommended covering this issue, as 
well as ensuring that the contractors have procedures to prevent any 
interference to the water flow, or to the migration of fish, and prevents any 
accidental pollution to the burn. With these safeguards, it is considered that 
the proposal will not have a significant effect on the candidate Special Area of 
Conservation, or the National Scenic Area. 
IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 
Conserve and Enhance the Natural and Cultural Heritage of the Area 

15. Instead of replacing a vehicular bridge with a similar structure, it has been 
proposed to construct a footbridge only. This will limit the extent to which 
vehicular traffic can move into the western part of this Glen. This is to the 
benefit of the natural heritage of this area. 
Promote Sustainable Use of Natural Resources 

16. Some of the materials for the bridge will be sourced locally - for the bridge’s 
handrails. Apart from the steel beams and the fixings, all other materials will 
be natural. 

Promote Understanding and Enjoyment of the Area 

17. The replacement of the bridging point over this burn for foot traffic will 
provide a safer (and therefore more enjoyable) passage for people using the 
network of paths through Mar Lodge Estate. 

Promote Sustainable Economic and Social Development of the Area 

18. Arguably the lack of a vehicular access to the remoter part of the Estate is 
contrary to the normal trends of seeking to improve access throughout rural 
areas, benefiting the economic and social development of an area. However, 
the active discouraging of vehicular access to the wilder and remoter areas of 
the National Park will benefit the economic and social development of the 
Park’s more peripheral areas, where tourist and recreational businesses will be 
generated on the back of the conserved core cultural and natural heritage areas 
in the Park. The only significant negative impact of not replacing the 
vehicular bridge with a similar structure is for some disabled people, who 
would need special vehicular transport to get them into the remoter parts of the 
Park/Estate area to experience the special environment of these areas. 
Alternative locations or alternative means of transport would need to be 
considered. 

RECOMMENDATION 

That Members of the Committee support a recommendation to: 

Grant Full Planning Permission for the erection of the Footbridge at the Allt 
Dhaidh Mor Burn on Mar Lodge Estate, subject to the following conditions: 

i. The development to which this permission relates must be begun within 5 
years from the date of this permission. 

ii. That prior to the commencement of the development a method statement 
shall be submitted for the approval of the planning authority, which 
indicates the final survey work for the paths and bridge site with regard to 
otters and water voles, the measures to be taken to ensure that there is no 
interference with migrating fish in the watercourse, no release of sediment 
to the watercourse, no accidental fuel spillages in proximity to the 
watercourse, and no intrusion of machinery into the water course, all prior 
to and during the construction of the new footbridge. Once agreed the 
approved measures and procedures will not be departed from without the 
express agreement of the planning authority. 

Neil Stewart 
29th April 2004 

planning@cairngorms.co.uk