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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 1 13 August 2004 

Title: 
REPORT ON CALLED-IN PLANNING 
APPLICATION 
Prepared by: 
NEIL STEWART (PLANNING OFFICER, 
DEVELOPMENT CONTROL) 
DEVELOPMENT PROPOSED:
ERECTION OF NEW DWELLINGHOUSE 
AND GARAGE, ADJACENT TO 
BALMENACH DISTILLERY, CROMDALE 
(OUTLINE PLANNING PERMISSION) 
REFERENCE: 04/293/CP 
APPLICANT: 
DR BILL ALLEN, ALLEN ASSOCIATES 
(HPE) LTD., ALPHA CENTRE, STIRLING 
UNIVERSITY INNOVATION PARK, 
STIRLING, FK9 4NF 
DATE CALLED-IN: 18 JUNE 2004 
Fig. 1 - Location Plan Not available in text format 

SITE DESCRIPTION AND PROPOSAL 
1. Outline planning permission is sought for the erection of a 2 storey detached 
dwellinghouse with garage, on an area of agricultural land close to the 
Balmenach Distillery complex, to the south of Cromdale (approximately 1km. 
south). The site of the new house is not contiguous with the distillery complex 
of buildings, but is detached from a large warehouse building at the north end 
of the complex by about 20 metres. The site is also set back from the road 
edge by 20 metres with a connecting access to the public road. The site is flat 
and open. 

2. The applicant’s business has consultancy interests in the whisky industry 
(currently about 50% of business) and personnel spend some time in NE 
Scotland. The Company wish to establish a base in the area, initially 
establishing a small office which it is hoped would lead to other business, and 
eventually to the location of staff on site. The applicants have stated that the 
operators of the Balmenach Distillery, who are an important client, "have 
indicated support" for the proposal. 

DEVELOPMENT PLAN CONTEXT 
3. Highland Structure Plan (approved March 2001) Policy H3 states that 
housing will generally be within existing and planned new settlements. New 
housing in the hinterland of towns, as defined in the Plan, will not be 
permitted unless it can be demonstrated that it is required for the management 
of land and related family purposes. Elsewhere, housing in the countryside of 
an appropriate location, scale, design and materials may be acceptable where it 
supports communities experiencing difficulty in maintaining population and 
services. 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 service provision (water and sewerage, 
drainage, roads, schools, electricity); accessibility by public transport, cycling, 
walking and car; 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, cultural heritage and scenery. 

4. 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 the light of the subsequently approved 
Structure Plan of 2001. This document states that new housing, within the 
hinterland of towns but in the open countryside outwith defined settlements, 
will be exceptional, and will only be permitted (in accordance with National 
guidance and the approved Structure Plan policy) where, amongst other 
specific circumstances, 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). Outwith the hinterland of towns, where some 
housing development may be permitted to support the viability of rural 
communities, individual applications would be subject to other Structure Plan 
policies, in particular those aspects relating to infrastructure, siting and quality 
of design and materials. 

5. The Badenoch and Strathspey Local Plan (September 1997) Policy 2.1.2.1 
for General Countryside Areas accepts new housing subject to a number of 
siting, design, infrastructure and landscaping criteria. The site is close to the 
distillery community of business and residential buildings where Highland 
Council has adopted Supplementary Policy Guidance for limited additional 
development in the Faebuie / Balmenach area due to "a succession of planning 
applications by the landowner". The Supplementary Policy Note “seeks to 
balance development opportunities with safeguards for existing land uses and 
amenity, physical limitations, and spare capacity in infrastructure”. This 
application site is not included in the new agreed settlement envelope for 
Balmenach, and lies within an area of open moor/heathland, which the 
Supplementary Policy Note indicates is not suitable for further building and 
should be safeguarded for its open character, views and habitat. 1 km to the 
north in Cromdale, the Local Plan has identified a number of sites for new 
housing development. 

CONSULTATIONS 
6. Cromdale and Advie Community Council have written comments on the 
proposal, and express a number of concerns:-

(A) New developments should be accommodated within communities in the 
locality, and not consist of "odd developments appearing all over the 
countryside surrounding the villages in places where there have not been 
houses in the past". The Community Council are not adverse in general to 
development within the confines of the existing communities of Cromdale, 
Advie and Balmenach. 
(B) The Community Council is very worried about development on this ground, 
"which forms part of the bog ground beside Balmenach," which "was a 
breeding habitat for rare birds until the purchase of the wetland area from the 
Estate as ‘agricultural’ land". 
(C) This is considered to be yet another application - "the 3rd application within a 
month for the agricultural land surrounding Balmenach", and other sites may 
also have been offered for development. There are concerns about the 
proliferation of proposals around this small community and CACC would 
prefer to see all new build applications at least deferred until publication of 
the new Local Plan. 

7. SEPA have commented that percolation tests for this development have not 
been carried out (drainage proposed to be by septic tank and soakaways), and 
advise that issues relating to foul drainage be resolved prior to the 
determination of the application. 

8. The Area Roads and Community Works Manager has advised on the site 
access and on-site parking requirements, the need for adequate access 
visibility, and the construction of a rural access/service bay at the junction of 
the access road and the public road. Subject to conditions he has no 
objections. 

9. Highland Council Planning Officers, under delegated powers, have stated 
that in the general area of Balmenach, there is Local Plan policy support for 
well spaced out single houses. However, in response to a succession of 
planning applications by the landowner, the Supplementary Policy Guidance 
Note was formulated in consultation with the local community. This 
identified a settlement envelope for Balmenach, as well as a preferred area for 
scattered housing development in line with the General Housing in the 
Countryside Policy. They emphasise that during the consultation process, the 
community opinion very forcefully expressed that there should be no new 
development outwith the agreed settlement envelope of Balmenach prior to the 
preparation of a new Local Plan. Highland Council Planners conclude that the 
site lies outwith the agreed settlement envelope and within an area of open 
moor/heathland which the Supplementary Policy Note indicates as not suitable 
for development. They also state that, while the introduction of a specialised 
work base for the applicant may help employment opportunities in the area, 
they do not believe that it constitutes occupational need for a house on this 
particular site, especially when there is allocated land within nearby 
settlements. 

10. The CNPA Natural Resources Group, have stated that the development will 
result in the loss of agricultural land. While the site is noted as having some 
importance for wildlife, there are, however, no designated areas adjacent or 
close by. There is little impact on the landscape. In conclusion, they do not 
consider that the proposal will have a significant impact on the natural 
resources of the area. 

REPRESENTATIONS 
11. The application was advertised as not in accordance with the Development 
Plan, but no representations have been received. 

APPRAISAL 
12. The application as proposed, is for a new house within a field - almost 
surrounded by open agricultural land. What is presently a workable 
agricultural field, would become an area of agricultural land with awkward 
strips and corners for ploughing, spraying, cutting and/or harvesting around 
the proposed house site. Also a potential gap site remains between the site and 
the adjacent distillery building. Neither of these factors is ‘good planning’ in 
terms of locating a new development in the countryside, or on the edge of a 
small settlement. 
 
13. Over recent years, planning permission has been granted for some “infill” 
residential development at Balmenach. In outlying locations, several single 
houses have also been granted permission. In addition, some other proposals 
for single houses outwith the settlement enclave of Balmenach have been 
refused planning permission on the grounds of conflict with policy, loss of 
trees and visual prominence in the open landscape. At least one case has been 
"tested" at an appeal with the decision of refusal being upheld. 

14. The Highland Council has examined the local need and the clear pressure for 
housing at Balmenach, and in 2002, sought to identify the best sites in 
planning terms with the local community, through its Supplementary 
Guidance. The site, being close to the edge of the settlement of Balmenach 
and on land which is earmarked as exposed, boggy moor/heathland, lacking in 
ground cover, is poor in locational standards. The Supplementary Guidance 
does not favour development in this area and states that it is deemed unsuitable 
for building purposes. To depart from the outcome of this 2002 consultative 
process by approving an ‘ad hoc’ application such as this, would invite even 
more speculative proposals in this sensitive area. The Review of the Local 
Plan will provide the best opportunity to identify the best locations for any 
future new housing. 

15. The applicant’s case for a house in the area, although related to the business of 
consultancy for the whisky industry, is in no way specific to this community 
or this land, and the need could be satisfied by the purchase of a house or a site 
in an existing community. The house is suggested to be needed as a base for a 
business covering a very wide area, but may also ‘house’ an office and require 
other staffing. The Highland Structure Plan may permit housing in the 
countryside outside areas defined as "town hinterland" but only where there is 
compliance with other policies relating to infrastructure, siting and design. In 
this instance, as stated above, the siting is deemed unacceptable and to 
approve the development would set an undesirable precedent for other 
unplanned single houses on the edge of this settlement envelope. 

16. In addition, the applicants have not demonstrated that their proposed drainage 
system will work on this site. No percolation tests have been carried out and 
the according to the Supplementary Guidance the land in the general vicinity 
is of poor drainage quality. To approve the development without certification 
that foul drainage will not cause a problem is inappropriate and undesirable. 

17. In the light of all these factors, the recommendation is therefore one of refusal. 

IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 
Conserve and Enhance the Natural and Cultural Heritage of the Area 

18. The small community of buildings in this area are largely made up of 
significant distillery buildings. The proposal seeks to add a detached 
residential building unrelated to the historic nature of this community in a 
sporadic manner, which would detract from the character of the area. 
Although not designated, the site is viewed as important to the landscape 
setting of Balmenach. 

Promote Sustainable Use of Natural Resources 
19. The development proposals do not, at this stage, make any positive 
contribution to this aim. The ‘business’ need for this house relates to a wide 
area, and this community is at some distance from the principal public 
transport routes, necessitating all movement by private car. 

Promote Understanding and Enjoyment of the Area 
20. There are no positive or negative implications in terms of this aim. 
Promote Sustainable Economic and Social Development of the Area 

21. The proposed house has no functional relationship with the land in this 
locality, but is ‘required’ for a business need covering the NE of Scotland. 
This site may not be the most suitable in terms of the location of business sites 
to be covered, and appears to be an opportunity site associated with one of the 
current business clients. Developing a stronger company base in the area 
supports the aim, but this may not be the most appropriate location as a 
sustainable base for the longer term future. 

RECOMMENDATION 
That Members of the Committee support a recommendation to: 
Refuse Outline Planning Permission for a New Dwellinghouse and Garage 
adjacent to Balmenach Distillery, Cromdale, for the following reasons: 

i. That the proposal is contrary to the Highland Structure Plan (2001), Policy H3 
(Housing in the Countryside) and the Badenoch and Strathspey Local Plan, 
(1997), Policy 2.1.2.1 (General Countryside Areas) and the Supplementary 
Policy for the Faebuie/Cromdale area (2002), where there is a strong 
presumption against further building in this area because of its open character, 
views and habitat. The proposed development, if approved, would encourage 
other visible sporadic and unjustified developments on open land on the edge 
of this small rural settlement, all to the detriment of the character of the 
countryside and the amenity of this part of the National Park. 

ii. That the proposed development, within an open agricultural field, and 
detached from other houses and buildings within the local settlement, is 
considered to be detrimental to the quality and character of the local 
landscape. As such it is contrary to Policy L4 (Landscape Character) and 
Policy G2 (Design for Sustainability) of the Highland Structure Plan (2001). 
 
iii. That the applicants have failed to demonstrate that a private system for foul 
drainage for this development can be provided, without there being a risk of 
pollution to existing groundwater systems or the surrounding land. 
Neil Stewart 
9 August 2004 
planning@cairngorms.co.uk