WARNING - By their nature, text files cannot include scanned images and tables. 
The process of converting documents to text only, can cause formatting changes and 
misinterpretation of the contents can sometimes result. Wherever possible you 
should refer to the pdf version of this document.


CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 1 9 March 2007 

CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: CONSULTATION RESPONSE TO ABERDEENSHIRE 
COUNCIL ON A PROPOSAL FOR THE REMOVAL OF 
AN OCCUPANCY RESTRICTION ON A SECTION 50 
AGREEMENT RELATING TO PLANNING REF. NO. 
01/095/0720 AT PRONY, GLEN GAIRN, BALLATER. 

Prepared by: MARY GRIER, PLANNING OFFICER (DEVELOPMENT CONTROL) 

Applicant : MR. BRYAN WRIGHT, PRONYBEG, GLENGAIRN, BALLATER, AB35 5XB. 


Fig. 1 - Map showing the location of Prony, Glen Gairn, Ballater.
(Not available in full text format)



SITE DESCRIPTION AND PROPOSAL 

1. A request has been made to Aberdeenshire Council by Mr. Bryan 
Wright of Pronybeg, Glen Gairn, Ballater for the removal of an 
occupancy restriction which was one of the clauses of a Section 50 
Agreement1 that the applicant entered into in connect with the granting 
of planning permission for his existing property (Pronybeg) under 
Aberdeenshire Council Planning Ref. No. 01/95/0720. 

2. Planning permission was sought in 1995 for the erection of a new 
dwelling house on land adjacent to Prony Farmhouse. The location of 
the subject site and the associated farmhouse is at Glen Gairn, 
approximately 3 kilometres to the north west of Ballater. The property 
is accessed along a minor road which eventually terminates near the 
foot of Hill of Candacraig and Lary Hill. The minor road follows the 
route of the River Gairn and the properties which are the subject of the 
Section 50 Agreement are located close to the eastern bank of the 
river. 

Fig. 2 : Colour photo of Prony Farmhouse (left) and the newer property, Pronybeg (right) 


3. At the time of permission being sought for the new dwelling house in 
1995, the agricultural landholding of which the proposed site formed 
part extended to approximately 675 acres and supported a flock of 
between 300 and 400 breeding ewes. Of the overall 675 acre 
landholding, 500 acres was leased from Dinnet Estate. 

1 Section 50 Agreement is now referred to as a Section 75 Agreement in accordance with the provisions 
of the Town and Country Planning (Scotland) Act 1997. 


4. Condition no. 2 of the planning permission for the new dwelling house 
stipulated that “The occupation of the dwelling shall be limited to a 
person solely or mainly employed, or last employed, in the locality in 
agriculture, as defined in Section 275 of the Town and Country 
(Planning) Scotland Act 1972, or in forestry, or a dependant of such a 
person residing with him or her, or a widow or widower of such a 
person.” The reason for the condition was due to the fact that the “site 
lies in a rural area where the Planning Authority considers that new 
residential development is inappropriate unless related to the essential 
needs of agriculture and forestry.” 

5. In addition to the stipulated condition, the granting of planning 
permission was also contingent upon the applicant entering into the 
Section 50 Agreement restricting the occupancy of the new property,2 
and later in the course of the drafting of the agreement, the applicant 
was also required to agree to a restriction on the occupancy and 
subsequent sale of the existing dwelling house (Prony Farmhouse) on 
the landholding. The applicant had at that time expressed a wish that 
provision be made for use of Prony Farmhouse for short term holiday 
letting purposes, with a case being put forward that a holiday let could 
be very readily terminated and would not therefore hinder the 
occupancy restriction which sought to make that property “available for 
occupation for a person or persons solely or mainly employed……in 
agriculture.” Despite correspondence indicating initial acceptance of 
this by Kincardine and Deeside District Council, the view of the District 
Planning Authority subsequently altered and Clause Three of the 
Section 50 Agreement pertaining to the existing farmhouse on the 675 
acre landholding stated the following – 
“By their signature hereto the said Developers hereby undertake that 
the existing farm dwellinghouse at Prony Farm, Glengairn, Ballater, 
shall only be available for occupation by a person or persons solely or 
mainly employed, or last employed in the locality in agriculture as 
defined by the said Section 275 of the Town and Country Planning 
(Scotland) Act 1972, or in forestry, or a dependant of such a person 
residing with him or her, or the widow or widower of such a person. 
Furthermore, the said dwellinghouse shall never be disponed 
separately from the said subjects more particularly described in and 
disponed by the said Disposition by James Malcolm Marcus Humprey 
with consent therementioned in favour of the Developers dated and 
recorded as aforesaid.” 

2 Clause 2 restricted the occupancy of the new dwelling house to persons solely or mainly employed or 
last employed in the locality of Prony Farm, or alternatively whose principal or main occupation is in 
agriculture or forestry; and it also stated that alternatively the property may be occupied by persons 
who may have retired from full time agricultural or forestry employment within the locality, or a 
widow or widower of such a person. 


The applicants case 

6. It is Clause Three of the Section 50 Agreement which Mr. Wright is now 
seeking to be released from by Aberdeenshire Council. Amongst the 
documentation submitted in support of his request, a report has been 
submitted by Watson Bell Consultants3 which sets out the background 
and justification for the request. As already detailed the agricultural 
landholding at Prony extended to 675 acres (of which 500 were leased 
from Dinnet Estate on a annual basis). Although not stated in the 
documentation, it is assumed that the operation of an agricultural unit 
of that size entailed the assistance of a number of employees at Prony, 
which accounts for the occupancy requirement and restriction on its 
sale separate from the landholding, as asserted in the Section 50 
Agreement, in addition to the occupancy of the new dwelling house 
also being restricted. 

7. The Watson Bell report documents the changing circumstances on the 
landholding since 1995, the most significant of which is the fact that the 
farm has contracted considerably in size, with the loss of the 500 acres 
of leased seasonal grazing. The landholding now consists of 80 acres 
of lowland grassland and 96 acres of rough grazing, which supports a 
flock of 40 breeding ewes, and any surplus grassland is let out 
seasonally. Watson Bell Consultants estimate that the “net contribution 
of the 40 ewes before labour costs is less than £1,000 per year and 
represents less than 30 Standard Man Days per annum.” 

8. Reference is also made to the farming situation in the surrounding 
area, and a case is advanced that with the exception of some of the 
few remaining estate farming enterprises “farming businesses in Upper 
Deeside no longer have any full time employees other than family 
members.” A similar point is made in relation to forestry where it is 
stated that restructuring has resulted in forest management companies 
and contract labour taking over from in hand forest management. 
Consequently it is concluded that there is no unfulfilled demand for 
housing for either agricultural or forestry workers or their dependants in 
the area. The report from Watson Bell Consultants concludes that the 
continuing restriction on the use of the farmhouse, in addition to the 
restriction on the use of Pronybeg no longer makes economic or social 
sense and it is contended that it would “have a detrimental effect on the 
continuing viability of the remaining farm business.” 

3 In the introductory section of the supporting documentation Watson Bell Consultants are described as 
an “independent firm of Agricultural Consultants and Land Agents operating throughout the North of 
Scotland advising clients on all land use related matters pertaining to planning regulations.” 


9. In an effort to gain a more detailed understanding of the situation at 
Prony, I contacted Mr. Wright, who outlined the history on the 
landholding since the granting of the planning permission and signing 
of the Section 50 Agreement in 1996. The leasing of the 500 acres of 
land ceased approximately a year after the granting of planning 
permission and since that time the landholding has been its present 
size of 176 acres. Given the size of the landholding and the limited 
farming activity it has not supported full time workers for quite some 
time. Whilst the dwelling house which was the subject of the original 
planning application has been occupied, and continues to be occupied 
by Mr. Wright, the existing farmhouse has not had permanent 
occupation for almost nine years. It has been used periodically to 
provide accommodation on a temporary basis for occasional workers 
during lambing season, and it has also apparently been used for short 
term holiday purposes by family and friends. Other than over those 
short periods, the property has however remained vacant. Mr. Wright 
indicated in the telephone conversation that in the event of being 
released from Clause 3 of the Section 50 Agreement, it is not his 
intention to sell the property. Documentation submitted by Mr. Wright 
in support of the removal of the clause indicated that if successful he 
hopes that “the farmhouse could be put to a more useful purpose in 
accordance with to Policy EMP 9 of the Local Plan, in that it could 
provide accommodation for tourists. Alternatively it could be used to 
accommodate a family not engaged in agriculture or forestry.” 


DEVELOPMENT PLAN CONTEXT 

10. Section 3.18 of the North East Scotland Together, Aberdeen and 
Aberdeenshire Structure Plan 2001 – 2016 (NEST) directs 
development towards towns and villages and to meet market demand 
in existing settlements in preference to isolated development in the 
open countryside. 

11. Policy 12 of NEST, entitled House Building in the Countryside Beyond 
the Green Belt states that there will be a presumption against house 
building in such areas except 

(a) rehabilitation or extension of an existing house; or 

(b) replacement on the same site of the largely intact house; or 

(c) a new house which is essential to the efficient operation of an 
enterprise, which is itself appropriate to the countryside. 
Policy 12 also includes the caveat that “all such development must be 
of the highest quality particularly in terms of siting, scale, design and 
materials. 


12. The Aberdeenshire Local Plan includes more detailed policies. The 
main policy applicable to the proposed development is Policy Hou\4 
on New Housing in the Countryside including the Aberdeenshire 
Part of the Cairngorms National Park, where it is stated that a single 
new house will be approved in principle if : 

(a) it is for a full time worker in an enterprise which itself is 
appropriate to the Countryside; 

(b) the presence of that worker on-site is essential to the efficient 
operation of that enterprise; 

(c) there is no suitable alternative residential accommodation 
available; 

(d) the proposed house is within the immediate vicinity of the worker’s 
place of employment; AND 

(e) it conforms with Appendix 1. 

13. In terms of the justification of Policy Hou\4, the primary aim of the 
policy is to support a long term sustainable pattern of development. It 
is intended to prevent sporadic development in the countryside and 
assist in directing new housing development into cohesive groups of 
housing. The Local Plan also states that in order to “ensure that any 
new house approved under Part 1 of this Policy is never sold on to a 
non-essential worker, developers may be required to enter into a 
Section 75 Agreement with the Council.” 


IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

14. Although lying within 40 metres of the River Gairn, which is part of the 
River Dee SAC, the removal of the restrictive clause relating to the 
existing dwelling (Prony Farmhouse) would not have any impact on the 
natural heritage of the area. In addition it would not affect the cultural 
heritage of the area. 

Promote Sustainable Use of Natural Resources 

15. The nature of the proposal I.e. to be released from a restrictive 
occupancy clause does, not involve any construction and is not 
therefore applicable to this aim. 

Promote Understanding and Enjoyment of the Area 

16. As an existing dwelling house which has been part of the landscape of 
this area for a considerable period of time, the removal of a restrictive 
occupancy clause would have no direct bearing on this aim. 

Promote Sustainable Economic and Social Development of the Area 

17. Given that the house has been in existence for quite some time, it is 
likely to have benefited in the past, during its periods of occupancy, 
from various services such as school transport, refuse collection, fire 
and health etc. and any future use would give rise to a demand for a 
similar level of service provision. The location of the property also 
tends to promote reliance upon the private car. 


Conclusion 

18. The foregoing sections of this report have provided the background to 
the property owners request to Aberdeenshire Council for the removal 
of Clause 3 of the Section 50 Agreement, as well as providing details of 
the current planning policy context which will be key to the decision by 
Aberdeenshire Council. It is important to bear in mind that the entire 
process is a legal one and is not a planning determination. In this 
context, the CNPA does not actually have a remit and the consultation 
has been initiated by Aberdeenshire Council as a courtesy rather than 
a mandatory requirement. Consequently the conclusions of this report 
derive primarily from an assessment of the impact of the potential 
removal of Clause 3 of the Section 50 Agreement on the aims of the 
National Park, with reference of course to current planning policy and in 
particular examining whether or not the removal of the relevant clause 
would set a precedent for unjustified dwelling houses in the 
countryside, particularly within the Aberdeenshire area of the 
Cairngorms National Park. 

19. Although I have not had the benefit of a full examination of the planning 
file relating to the permission granted for a new dwelling on the 
landholding (the property now known as Pronybeg, Mr. Wright’s 
current home) in 1995, it is my understanding from the selection of 
documents provided in the course of the consultation from 
Aberdeenshire Council, as well as information provided by Mr. Wright 
in a telephone conversation, that the size of the landholding at the time 
of the granting of planning permission, as well as the level of 
agricultural activity undertaken and the workforce in place, justified two 
dwelling houses on the overall holding - the existing Prony Farmhouse 
and the new dwelling. The granting of planning permission, subject to 
entry into a Section 50 Agreement, which included clauses restricting 
the occupancy of both properties and also restricting the sale of the 
existing farmhouse separate from the landholding, was an appropriate 
mechanism at that time to ensure an adequate supply of 
accommodation commensurate with the size of the landholding and the 
scale of activity on it at that time, and in so doing justifying two dwelling 
houses in this area. It is an approach which would also be consistent 
with the current policy, as detailed in paragraph. 12 of this report 
(Policy Hou/4 - New Housing in the Countryside including the 
Aberdeenshire Part of the Cairngorms National Park). 

20. Circumstances on the landholding have however altered over the 
years, with it reduced in size to such an extent that it can only support a 
worker on a part time basis. It is clear that the availability of the two 
properties for the provision of accommodation for persons engaged in 
agriculture on the landholding is no longer required. Although Clause 3 
of the legal agreement is also sufficiently flexible to allow occupation of 
Prony Farmhouse by persons employed in, or last employed in 
agriculture or forestry in the wider locality, a case has been advanced 
in the consultants report that there is no unfulfilled demand for housing 
from either of those employment sectors in the area. 

21. In accepting such an argument, one must then question the resultant 
situation at Prony Farmhouse. The reality of the situation is that the 
property is liable to lie uninhabited for the majority of the time, with the 
potential consequence that it could eventually fall into a state of 
disrepair. The alternative, subject to the restrictions of Clause 3 being 
removed, is that the property could be more effectively utilised, perhaps 
being used as tourist accommodation or as permanent accommodation 
for persons not employed, or last employed, in agriculture or forestry in 
the area, both suggestions of which emanated from the owner. 

22. The effect of the removal of Clause 3 on the aims of the Cairngorms 
National Park would in my view be negligible, and this is borne out in 
paragraphs 14 – 17 of this report where an assessment of the impact 
on each of the individual aims has been undertaken. The fact that that 
the house has been in existence for a significant period of time, has 
established itself as part of the built environment of this rural area, and 
is already serviced by necessary infrastructure all indicates that the 
matter of occupancy has little or no bearing on the aims of the National 
Park in this instance. 

23. Having regard to the case advanced i.e. the significant reduction in the 
size of the landholding and its inability to support employees and the 
consequent lack of demand for on site accommodation, in support of 
the request for release from Clause 3 of the Section 50 Agreement, it is 
my view that the specifics of this case justify strong consideration being 
given to the lifting of the restrictive clause relating to the original 
farmhouse. Due to the specific circumstances of this case I do not 
consider that any potential removal of the relevant clause would set a 
precedent for the development of unjustified dwelling houses in the 
countryside, in the Aberdeenshire part of the Cairngorms National 
Park. 

24. In conclusion I recommend that the Planning Committee of the CNPA 
do not oppose the request from the owner of Prony Farmhouse and 
Pronybeg to be released from Clause 3 of the Section 50 Agreement 
and that such a view is conveyed to Aberdeenshire Council in order to 
assist that Local Authority in deliberations on this legal process. In 
addition, having regard to the intentions expressed by the property 
owner to utilise the farmhouse either for the provision of tourist 
accommodation or to provide it as a residence for a family not involved 
in agriculture or forestry, and having regard to the aims of the 
Cairngorms National Park, in particular the fourth aim, Members may 
wish to consider suggesting that Aberdeenshire Council explore the 
possibility of imposing a new clause requiring the property to be utilised 
for either of those purposes. 


Mary Grier 
planning@cairngorms.co.uk 

1st March 2007 

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.