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CAIRNGORMS NATIONAL PARK AUTHORITY MINUTES OF THE PLANNING COMMITTEE held at The CNPA Office, Ballater & The CNPA Office, Grantown on Spey (Via Audio Link) on 9th February 2007 at 10.30am PRESENT Eric Baird (In Ballater) Willie Mckenna Stuart Black Eleanor Mackintosh Nonie Coulthard (In Ballater) Anne MacLean Basil Dunlop Sandy Park Douglas Glass (In Ballater) Andrew Rafferty Angus Gordon Gregor Rimell Lucy Grant Richard Stroud (In Ballater) David Green Susan Walker ( In Ballater) Marcus Humphrey (In Ballater) Ross Watson Bob Kinnaird IN ATTENDANCE: Don McKee Mary Grier Neil Stewart Pip Mackie APOLOGIES: Duncan Bryden David Selfridge Bruce Luffman Sheena Slimon Alastair MacLennan Bob Wilson WELCOME AND APOLOGIES 1. The Convenor welcomed all present. 2. Apologies were received from the above Members. 3. It was advised that due to the adverse weather conditions, the planning applications which were to be determined would be deferred and arrangements for their determination would be dealt with under Any Other Business. MATTERS ARISING FROM THE PREVIOUS MEETING 4. The minutes of the previous meeting, 26th January 2007, held at The Village Hall, Cromdale were approved. 5. There were no matters arising. DECLARATION OF INTEREST BY MEMBERS ON ANY ITEMS APPEARING ON THE AGENDA 6. Anne MacLean declared an interest in Planning Application No. 07/040/CP. 7. Willie McKenna declared an interest in Planning Application No. 07/042/CP. 8. Marcus Humphrey declared an interest in Planning Application No. 07/046/CP. 9. Stuart Black declared an interest in Planning Application No. 07/049/CP. 10.The Highland Councillors declared an interest in Item No. 12 on the Agenda. PLANNING APPLICATION CALL-IN DECISIONS (Oral Presentation, Neil Stewart) 11.07/029/CP - No Call-in 12.07/030/CP - No Call-in 13.07/031/CP - No Call-in 14.07/032/CP - No Call-in 15.07/033/CP - No Call-in 16.07/034/CP - No Call-in 17.07/035/CP - No Call-in 18.07/036/CP - No Call-in 19.07/037/CP - No Call-in 20.07/038/CP - No Call-in 21.07/039/CP - The decision was to call-in the application for the following reason : • The proposal represents the erection of a new dwellinghouse in a Restricted Countryside Area as defined in the Badenoch and Strathspey Local Plan. In such an area, there is a presumption against new dwellinghouses, unless a land management justification is provided. The site is also located within the Cairngorm Mountain National Scenic Area, and adjacent to Insch House which is a Listed Building. The site is also adjacent to Loch Insch which carries several natural heritage designations including Special Area of Conservation, Special Protection Area, and Site of Special Scientific Interest. The proposal therefore raises issues relating to the housing in the countryside policy, precedent, social and economic development, natural and cultural heritage, and use of natural resources. As such it is considered to raise issues of general significance to the collective aims of the National Park. Anne MacLean declared an interest and left the room. 22.07/040/CP - No Call-in Anne MacLean returned. 23.07/041/CP - No Call-in Willie McKenna declared an interest and left the room. 24.07/042/CP - No Call-in Willie McKenna returned. 25.07/043/CP - No Call-in 26.07/044/CP - No Call-in 27.07/045/CP - The decision was to call-in the application for the following reason : • The proposal represents the conversion of an existing traditional steading, which also had a former water mill use, into two dwellinghouses. The building lies in a sensitive location in the rural landscape and it is understood that there may be bat roosts within the structure. The proposal raises issues in relation to the conservation and enhancement of the natural and cultural heritage of the area, and the social and economic development of the Strathavon/Glenlivet community. As such, the proposal is considered to raise issues of general significance to the collective aims of the National Park. Marcus Humphrey declared an interest and left the room. 28.07/046/CP - No Call-in Marcus Humphrey returned. 29.07/047/CP - No Call-in 30.07/048/CP - No Call-in Stuart Black declared an interest and left the room. 31.07/049/CP - No Call-in Stuart Black returned. 32.07/050/CP - No Call-in COMMENTING ON APPLICATIONS NOT CALLED-IN BY THE COMMITTEE 33.The Members wished to make comments to the Local Authorities on the following Planning Application No’s 07/032/CP, 07/034/CP, 07/036/CP, 07/037/CP, 07/038/CP, 07/040/CP, 07/041/CP, 07/046/CP, 04/047/CP & 07/048/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. CONSULTATION REPORT: HIGHLAND COUNCIL ON “HOUSING IN THE COUNTRYSIDE DEVELOPMENT PLAN POLICY GUIDANCE – MARCH 2006” (PAPER 6) 34.The Highland Councillors declared an interest and left the room. 35.Mary Grier presented a paper recommending that the Committee agree not to adopt the above supplementary planning guidance issued from Highland Council, as detailed in the report. 36.The Committee discussed the report and the following points were raised: a) Clarification of the weighting given to the guidance in the determination of applications. b) Concern that Highland Council had not consulted the CNPA regarding the guidance. c) The implications of the supplementary guidance at the application Call-in stage. d) Highland Council planning staff being made aware of the CNPA not adopting the guidance when giving advice to members of the public. e) A request that CNPA planning staff reflect that the guidance exists when preparing planning reports, but state why the CNPA had not adopted the guidance. f) The imminence of the CNP Local Plan. 37.The Committee agreed not to adopt the above supplementary planning guidance issued from Highland Council, as detailed in the report. 38.The Highland Councillors returned. ANY OTHER BUSINESS 39.Concern was raised about an article which had recently appeared in The News of the World, which stated that Dutch Elm Disease had been found at Aultmore, Nethy Bridge. It was advised that Highland Council had investigated the matter and concluded that the disease was not present at the location. It was requested that a register be kept regarding infestations / fungi problems and that a code of practice be developed between the CNPA and Local Authority Forestry Officers in case of potential future incidents. Don McKee agreed to pass these comments on to the Natural Heritage and Land Management Group. 40.Concern was raised at the increased amount of planning applications being received for extensions to traditional buildings and the design of the proposals. It was confirmed that this issue would be addressed in the forthcoming CNP Local Plan and the CNP Design Guidance. 41.Members were made aware of personal conduct guidance during elections. Members were advised that an e-mail had been issued covering this matter. 42.Clarification was sought on the rules for nominations, with regard to withdrawing a nomination. It was advised that Highland Council were conducting the elections and their guidance was being followed. Clarification would be sought from Highland Council. 43.Mary Grier advised that Planning Application 07/001/CP at Prony, Glen Gairn, Ballater for the removal of an occupancy condition was to be returned to Aberdeenshire Council. This was due to the occupancy issue not being a planning condition but formed on the basis of a legal agreement. Aberdeenshire Council had confirmed they would consult the CNPA on the removal of the occupation from the legal agreement. 44.Don McKee requested that for the Planning Committees where only the Call-in Report was to be considered, Members agree to the Agenda and Draft Minutes being issued by e-mail on the Thursday, but then hard copies posted out on the Monday along with the Call-in Report. It was confirmed that Anne MacLean would still be sent hard copies on the Thursday. Members agreed to this request. 45.David Green informed Members that due to the decision applications being postponed from this mornings Committee, it was important to get them determined as soon as possible. The earliest date available was 23rd February 2007. The Planning Officials advised that other commitments had been scheduled for that date, however, they would try and change these to be present at the meeting. It was confirmed that the applications would be put on the Agenda for determination for the meeting on 23rd February 2007. As there was a Board meeting due to be held that day, Jane Hope advised Members that some of the Papers due to be heard that day would have to be postponed until the next Board meeting and an extraordinary Board meeting may be required. Members were advised that an informal meeting would be arranged for 2nd March 2007 to discuss Housing and other Local Plan policy, with the formal paper on housing policy now to be scheduled for the Planning Committee on 9th March 2007 rather than the Board meeting on 23rd February 2007.. 46.It was requested that the winter schedule of meetings be looked at for next year, as snow could cause disruption to determining planning applications again. DATE OF NEXT MEETING 69. Friday, 23rd March 2007 at The Cairngorm Hotel, Aviemore. 70.Committee Members are requested to ensure that any Apologies for this meeting are submitted to the Planning Office in Ballater. 71.The meeting concluded at 12:15hrs.