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CAIRNGORMS NATIONAL PARK AUTHORITY

Title: 		REPORT ON CALLED-IN PLANNING APPLICATION
Prepared by: 	ANDREW TAIT, PLANNING OFFICER
		(DEVELOPMENT MANAGEMENT)
DEVELOPMENT PROPOSED: 	PLANNING PERMISSION IN
			PRINCIPLE FOR THE ERECTION
			OF A HOUSE AT LAGGAN No 1
			CROFT, KINGUSSIE
REFERENCE: 		10/186/CP
APPLICANT: 		NICOLA BYRNE, LAGGAN
			No 1 CROFT, KINGUSSIE
DATE CALLED-IN: 	16 APRIL 2010
RECOMMENDATION : 	GRANT SUBJECT TO SECTION
			75 AGREEMENT/CONDITIONS

NOTE IMAGES CANNOT BE CONVERTED TO TEXTG. PLEASE SEE 
ORIGINAL PDF FOR REFERENCE.

Fig. 1 - Location Plan

SITE DESCRIPTION AND PROPOSAL

1. Planning Permission in Principle is sought by this application for the erection
of a dwelling house. The development is proposed on land which lies
approximately 50 metres to the north west side of the A9 just north of
Kingussie (see fig. 1- Location Plan). The site is accessed directly from the A9
with the access track leading to a yard area with a number of storage
buildings with paddocks surrounding (see figs. 2 & 4). The site forms part of
a registered croft with the holding spread over 4 parcels of land (fig.5).

Fig. 2- Entrance track to site for house
Fig. 3 -Site Plan
Fig 4- View of proposed site for house

2. In policy terms the site is located in an area of restricted countryside under
the Badenoch and Strathspey Local Plan where a presumption against new
housing is held unless there is a land management justification for a new
house. Consequently, the applicants were asked to provide a justification and
have subsequently submitted a Scottish Agricultural College (SAC) Report to
support the application. The application is in the name of Nicola Byrne who
has a house approximately 350 metres from this site on the opposite side of
the A9. The house proposed by this application is intended for applicant.
Her daughter (Claire Anderson) who helps on the croft would occupy the
existing house. The request for the justification also asked the applicant
whether they would be willing to enter into a Section 75 Legal Agreement to
tie the house to the croft.

Fig. 5- Operational needs assessment plan showing existing
(orange) and proposed house (green).

The Applicants’ Case

3. The SAC Report submitted forms an independent operational needs
assessment considering the landholding, the stock and the management
requirements in terms of labour hours required to manage the Croft.

4. The SAC report is attached at the back of this planning report and notes that
the holding is a registered croft extending to 23.16 ha. The stock held at the
time of the report consisted of 33 sheep and 13 hoggs. Two Aberdeen
Angus cattle are kept on the croft. There are also 10 horses and 18 laying
hens. At present the applicant and her daughter live on the croft. They both
have full time jobs and work on the croft during the evenings and weekends
and on holidays. A range of conservation priorities in the management of the
croft includes woodland creation, enhanced biodiversity of water margins and
management of species rich grassland.

5. The report works out the labour requirement based on the size of the croft
and its management requirements including stock management. The
calculation considers that there is a requirement of 1.02 labour units to carry
out the operations necessary to support the croft at present.

6. On the issue of access the report points out that building a house on what is
the north part of the croft (see fig. 5) will significantly reduce the number of
times the A9 has to be crossed, particularly at peak times when winter
feeding is required and also at lambing and foaling time.

7. In conclusion the report considers that the croft can support the equivalent
of just over one full time worker. Both the applicant and her daughter have
full time jobs and it is for this reason that 0.51 labour units each merits a
second house on the croft. The report considers this to be a modest
assessment of the labour requirement.

DEVELOPMENT PLAN CONTEXT

National policy

8. Scottish Planning Policy (SPP) is the statement of the Scottish
Government’s policy on nationally important land use planning matters. It
supersedes a variety of previous Scottish Planning Policy documents and
National Planning Policy Guidance. Core Principles which the Scottish
Government believe should underpin the modernised planning system are
outlined at the outset of SPP and include:

• The constraints and requirements that planning imposes should be
necessary and proportionate;

• The system should ……allow issues of contention and controversy to be
identified and tackled quickly and smoothly; and

• There should be a clear focus on quality of outcomes, with due attention
given to the sustainable use of land, good design and the protection and
enhancement of the built and natural environment.

9. SPP emphasises the key part that development management plays in the
planning system, highlighting that it should “operate in support of the
Government’s central purpose of increasing sustainable economic growth.”
Para. 33 focuses on the topic of Sustainable Economic Growth and advises
that increasing sustainable economic growth is the overarching purpose of
the Scottish Government. It is advised that “the planning system should
proactively support development that will contribute to sustainable economic
growth and to high quality sustainable places.” Planning authorities are
encouraged to take a positive approach to development, recognising and
responding to economic and financial conditions in considering proposals that
would contribute to economic growth.

10. Under the general heading of Sustainable Development, it is stated that the
fundamental principle is that development integrates economic, social and
environmental objectives, and that the “aim is to achieve the right
development in the right place.”

11. The Scottish Planning Policy document includes a number of subject
policies, one of which is housing.

• Housing: Para. 66 advises that the planning system should enable the
development of well designed, energy efficient, good quality housing in
sustainable locations. In further discussing the location and design of new
development planning authorities are encouraged to promote the
efficient use of land and buildings, and direct development towards sites
within existing settlements where possible in order to make effective use
of existing infrastructure and service capacity and to reduce energy
consumption.

• Rural development: The SPP states that the aim should be to enable
development in all rural areas which supports prosperous and sustainable
communities whilst protecting and enhancing environmental quality. The
policy document is clear that the aim is “not to suburbanise the Scottish
countryside but to maintain and improve the viability of communities and
to support rural businesses.” All new development is expected to
respond to the specific local character of the location, fit in the landscape
and seek to achieve high design and environmental standards.

• Landscape and natural heritage: the policy document recognises that
landscape is constantly changing and the aim is to facilitate positive
change whilst maintaining and enhancing distinctive character. Different
landscapes have different capacities to accommodate new development,
and the siting and design of new development should be informed by
local landscape character. It is noted in para. 131 that landscapes and
natural heritage are sensitive to inappropriate development and planning
authorities are expected to ensure that potential effects, including the
cumulative effect of incremental changes, are appropriately considered.
12. Scottish Planning Policy concludes with a section entitled ‘Outcomes’ in
which it is stated that the “planning system should be outcome focused,
supporting the creation of high quality, accessible and sustainable places
through new development, regeneration and the protection and
enhancement of natural heritage and historic environmental assets.” Planning
authorities are required to be clear about the standard of development that
is required. Quality of place not only refers to buildings, but also how the
buildings work together as well as the relationships between buildings and
spaces. Design is highlighted as an important consideration and planning
permission may be refused solely on design grounds. Finally it is stated that
the planning system should be “judged by the extent to which it maintains and
creates places where people want to live, work and spend time.”

Cairngorms National Park Plan (2007)

13. The Cairngorms National Park Plan sets out the vision for the park for the
next 25 years. The plan sets out the strategic aims that provide the long
term framework for managing the National Park and working towards the 25
year vision. Under the heading of ‘conserving and enhancing the special
qualities’ strategic objectives for landscape, built and historic environment
include maintaining and enhancing the distinctive landscapes across the Park,
ensuring that development complements and enhances the landscape
character of the Park, and ensuring that new development in settlements and
surrounding areas and the management of public spaces complements and
enhances the character, pattern and local identity of the built and historic
environment. Agriculture is recognised as having a significant influence on the
natural heritage and landscape of the Park and the Park Plan includes a variety
of objectives to promote and support sustainable forms of agriculture and
crofting. Some of the strategic objectives include managing agricultural
production to be consistent with, and enhance, the special qualities of the
Park; and maintaining a productive and viable agricultural sector.

14. Under the heading of ‘Living and Working in the Park’ the Plan advises that
sustainable development means that the resources and special qualities of the
national park are used and enjoyed by current generations in such a way that
future generations can continue to use and enjoy them. Strategic objectives
for economy and employment include creating conditions that are conducive
to business growth and investment that are consistent with the special
qualities of the Park and its strategic location and the promotion of green
business opportunities.

15. The Park Plan aims to encourage sustainable development. One of the
strategic objectives for sustainable communities is to “make proactive
provision to focus settlement growth in the main settlements and plan for
growth to meet community needs in other settlements.” The Plan recognises
that the main settlements in the national park have the greatest range of
existing services and infrastructure and can therefore best accommodate
increased growth in a sustainable way.

16. The subject of ‘Housing’ is also discussed in the ‘Living and Working’ section
of the National Park Plan. The need to ensure access to affordable and good
quality housing is recognised. The quality and design of new housing is
required to meet high standards of water and energy efficiency and
sustainable design and be consistent with or enhance the special qualities of
the Park through careful design and siting.

17. Section 5.3 of the Plan concerns ‘enjoying and understanding the park’ noting
that the Cairngorms National Park is known for its outstanding environment
and outdoor recreation opportunities and advises that the vision for the Park
seeks to “go further and develop a world class destination which plays a
significant part in the regional and national tourism economy.”

Highland Council Structure Plan (2001)

18. Highland Council Structure Plan is founded on the principles of
sustainable development, which are expressed as –

• Supporting the viability of communities;

• Developing a prosperous and vibrant local economy; and

• Safeguarding and enhancing the natural and built environment.

A variety of detailed policies emanate from the principles.

19. Policy H3 Housing in the Countryside advises that housing development
should 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 the land and related
family purposes.

20. Para 2.2.9 of the Structure Plan elaborates on the policy. The Plan recognises
that there may be some circumstances when there is a need for new housing
in the countryside. In discussing the exceptional circumstances in which
housing may be permitted, reference is made to “those managing the land, or
family purposes associated with this, such as retiring farmers and their
spouses.” The Plan also clarifies that in such circumstances permission would
be subject to an occupancy condition.

21. Section 2.14 of the Structure Plan deals with the subject of Landscape. It is
recognised that landscape is not a static feature and that many forces bring
about change in it, whether immediately or subtly over a number of years.
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.

22. Policy G2 (Design for Sustainability) states that developments will be
assessed on the extent to which they, amongst other things make use of
brownfield sites, existing buildings and recycled materials; are accessible by
public transport, cycling and walking as well as car; are compatible with
service provision; demonstrate sensitive siting and high quality design in
keeping with local character and historic and natural environments; and
contribute to the economic and social development of the community.
Cairngorms National Park Local Plan (2010)

23. The CNPA Planning Committee has resolved on 20 August 2010) that the
CNP Local Plan now proceed to adoption (with the adoption date being 29
October 2010). The Cairngorms National Park Local Plan is consequently
the most material consideration in determining this application. For CNP
Local Plan text please refer to :
http://www.cairngorms.co.uk/planning/localplan/pdf/19-Aug-10-Local-Planwith-
PIMs-included-for-web-23-Aug.pdf

24. The Local Plan contains a range of policies dealing with particular interests or
types of development. These provide detailed guidance on the best places for
development and the best ways to develop. The policies follow the three key
themes of the Park Plan to provide a detailed policy framework for planning
decisions:

• Chapter 3 - Conserving and Enhancing the Park;

• Chapter 4 - Living and Working in the Park;

• Chapter 5 - Enjoying and Understanding the Park.

25. Policies are not cross referenced and applicants are expected to ensure that
proposals comply with all policies that are relevant. The policies in the Local
Plan are intended to meet the sustainable development needs of the Park for
the Local Plan’s lifetime. The following paragraphs list a range of policies that
are appropriate to consider in the assessment of the development proposal.

26. Policy 6 – Landscape: there will be a presumption against any development that
does not complement and enhance the landscape character of the Park, and
in particular the setting of the proposed development. Exceptions will only
be made where any significant adverse effects on the landscape are clearly
outweighed by social or economic benefits of national importance and all of
the adverse effects on the setting of the proposed development have been
minimised and mitigated through appropriate sitting, layout, scale, design and
construction.

27. Policy 16 – Design Standards for Developments : the policy encourages the
design of all developments to

• Minimise the effect of development on climate change;

• Reflect and reinforce the traditional pattern and character of the
surrounding area, and reinforce the local vernacular and local
distinctiveness, whilst encouraging innovation in design and use of
materials;

• Use materials and landscaping that will complement the setting of the
development;

• Demonstrate sustainable use of resources;

• Enable the storage, segregation and collection of recyclable materials and

make provision for composting;

• Reduce the need to travel; and

• Protect amenity enjoyed by neighbouring properties.

28. Policy 22 – Housing Developments Outside Settlements : developments for other
new housing outside settlements will be permitted where :

(a) The accommodation is for a worker in an occupation appropriate to the
rural location; and
- The presence of the worker on site is essential in order to provide 24-
hour supervision of the rural business; and
- There is no suitable alternative residential accommodation available,
including reuse and conversion of other buildings on the site; and
- The proposed dwelling is within the immediate vicinity of the workers
place of employment; or

(b) The dwelling is for a retiring farmer or crofter, on land managed by them
for at least the previous 10 years or for a person retiring from other rural
business where the previous accommodation is required for the new
main operator of the farm, croft or rural business; or

(c) The development is sited on rural Brownfield land.
Para. 4.72 of the Local Plan provides further guidance in relation to Policy 22
and advises that applicants should demonstrate that other sites, including
those within settlements, open market dwellings in the area, and land within
allocated sites contained in the local plan for housing, have all been
considered and discounted. Para. 4.73 also advises in demonstrating a need
for housing in connection with (a) above, that applicants must demonstrate a
land management need for the accommodation through the use of
independent experts, such as the Scottish Agricultural College.

Badenoch and Strathspey Local Plan (1997)

29. Although still the adopted local plan until 29 October 2010, the Badenoch
and Strathspey Local Plan has in practise been superseded by the
Cairngorms National Park Local Plan.

CONSULTATIONS

30. Transport Scotland (Trunk Roads) has no objection to the proposal.

31. Highland Council Environmental Health Officer noted that the
proposed house is not connected to the public water supply. Consequently,
evidence will need to be provided that the house can be supplied with an
adequate water supply in terms of quantity and quality.

32. The Crofters Commission has commented that they have no record of
the applicant (Nicola Byrne) having an interest in any croft in any location
(note: the croft is registered in the name of Claire Anderson

33. Kingussie and Vicinity Community Council note that the proposal
appears to be for a quality dwelling, which would not be considered out of
place in a National Park. Although not designated for building the
Community Council (CC) can see the necessity of allowing a house to be
built on this site, owing to the fact that it has been worked as a Croft by the
applicant for many years. The CC does not consider that a dwelling at this
location would have an adverse impact on the landscape or environment.
There are also land management issues, as surely it is preferable that a
crofter should be resident on the land that they care for? There is an
existing access to the A9 from this croft which as far as the CC are aware,
has not posed any particular problem. As it is part of the Park’s remit to
encourage the local economy, the CC feel that there is no reason to deny
the applicant planning permission to erect a house on this site. Indeed, the
CC wholeheartedly support the application.

REPRESENTATIONS

34. The proposal has been advertised in the Badenoch and Strathspey Herald and
no representations have been received.

APPRAISAL

35. In considering the proposal for the development of a single dwelling house in
this countryside area, there are a number of factors which need to be taken
into account, including planning policy issues, the general principle of siting of
a dwelling at this location, technical details and how the proposals performs
against the aims of the Park.

36. As detailed in earlier sections of this report, the Cairngorms National Park
Local Plan is due to be formally adopted on 29 October 2010. Its imminent
adoption, together with the fact that the Badenoch and Strathspey Local Plan
is quite dated means that the CNP Local Plan is the key determinant
consideration in the assessment of this application. The policies contained in
the CNP Local Plan have been guided by and accord with national planning
policies.

37. In turning to consider the principle of proposed development in the context
of local planning policy as outlined in the Cairngorms National Park Local
Plan (please refer to paragraphs 23 - 28 of the report) one of the key
policies against which to assess the proposal for a new dwelling is Policy 22 –
Housing Developments Outside Settlements. The policy is intended to
facilitate the provision of two types of new housing outside settlements – (i)
affordable housing and (ii) ‘other housing outside settlements’. The current
development proposal comes within the latter category. The case is
presented and justified as an application for a worker in an occupation
appropriate to the rural location (in this case crofting). This section of the
policy goes onto consider that the presence of the worker on site is essential
in order to provide 24 hour supervision of the rural business; and there is no
suitable alternative residential accommodation available including re-use and
conversion of other rural buildings and that the proposed dwelling is in the
immediate vicinity of the workers place of employment. The need must be
demonstrated through the use of independent experts such as the SAC.

There is also a requirement that applicant’s should demonstrate that other
sites including those within settlements, open market housing and allocated
sites within the local plan for housing have all been considered before new
buildings will be permitted.

38. The SAC Report submitted considers that a second house on the croft is
justified because the croft can support just over the equivalent of one full
time worker. Given that the applicant and her daughter have full time jobs
the 0.51 labour unit for each person is considered to merit a second house
on the site. It must be recognised that in cultural terms crofting is often not
a full time occupation and often crofters are involved in other forms of
employment on a part or full time basis. Given the independent support that
the SAC report provides a house at the site is considered to be acceptable in
principle. However, it has been pointed out to the applicant that a grant of
permission can only be made on the basis of the house being tied to the croft
by a Section 75 Agreement. This stance is supported by the detail of Policy
22.

39. One important additional factor is the proximity of the site to Kingussie.
Policy 22 requires that other housing opportunities for instance in nearby
settlements should be discounted before new build will be permitted in the
countryside, Given that the application was submitted in July before Policy
22 was in operation the applicant was not asked to carry out this exercise.
However, the site is less than a kilometre from Kingussie where a range of
housing options could be available including a site where the CNPA has
resolved to grant planning permission for a significant number of houses.
Another factor to be taken into consideration is the existing house on the
south side of the A9 from where the croft is currently managed. With regard
to this, it is important to note that the SAC operational assessment also sets
out a locational justification for a second house on the croft. This is because
the croft is divided by the A9 and it is argued that the addition of a house on
the north side would allow lambing and foaling to be to be shifted over the
A9 to reduce the number of potentially hazardous crossings of that busy
road.

40. The general siting of the dwelling is considered acceptable in principle, has an
existing access and is set in an open yard area that has a defined boundary
with a number of small buildings. Consequently, the proposal is considered
to accord with Policy 6 Landscape in that no unacceptable landscape or visual
impact would result and the site can be enhanced by the landscaping details
that would be a requirement of any future detailed proposal.

41. With regard to technical issues no objection has been received from
Transport Scotland (Trunk Roads) and the site has more than adequate
parking space and space to provide an appropriate drainage solution which is
required by planning conditions. A private water supply is proposed and
Highland Council Environmental Health has recommended that further details
are sought to deal with both the quantity and quality aspect of water supply.
This can be dealt with by planning condition.

42. The crucial issue on whether the application proves acceptable in principle
revolves around the independent SAC report. In this case, the conclusion of
the report is that the dwelling is justified on an operational need both in
relation to the labour hours carried out and in terms of the advantages of
locating a new dwelling on the northern part of the croft. As with other
approvals of this type the recommendation is subject to the need for the
applicant to enter into a Section 75 Legal Agreement to ensure that the
house is occupied by persons managing the croft and is not sold separately
from the croft. The applicant has been made aware of this position several
times.

IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK

Conserve and Enhance the Natural and Cultural Heritage of the Area

43. The proposed development is on land which is set in open countryside.
However, and while recognising that this application seeks only permission in
principle, the site is set in an existing enclosed area where there are a
number of existing buildings which already create a focus in the landscape.
The addition of a single house would be unlikely to have any detrimental
landscape impact. There would appear to positive management arrangements
for biodiversity at the site under the management plan for the croft.

Promote Sustainable Use of Natural Resources

44. The detail in an application for Planning Permission in Principle is limited and
does not contain sufficient information to establish whether or not the
development proposal would assist in promoting the sustainable use of
natural resources.

Promote Understanding and Enjoyment of the Area

45. The proposed development has little, or no bearing on this aim.

Promote Sustainable Economic and Social Development of the Area

46. The details provided have demonstrated that the proposed dwelling house is
for a worker in a crofting business. This will contribute to the sustainable
economic and social development of the area.

RECOMMENDATION

47. That Members of the Committee support a recommendation to

GRANT PLANNING PERMISSION IN PRINCIPLE for the erection
of a house at Laggan No1 Croft, Kingussie subject to the following :
A. Section 75 Legal Agreement to ensure that house is occupied by
persons managing the croft and not sold separately from the
croft holding and:

B. The following conditions:

1. A formal planning application and detailed plans indicating all matters
relating to the siting, design and external appearance of the building,
means of access thereto, site levels, car parking, means of enclosure and
landscaping proposals shall be submitted for the prior approval of the
Planning Authority within 3 years of the date of this permission and the
development must be commenced within 3 years of the date of this
permission or within 2 years from the date of final approval of all the
foregoing Matters specified in conditions.

Reason: To comply with Section 59 of the Planning Etc (Scotland) Planning Act
2006.

2. The layout, design and materials of the dwelling, hereby approved, should
reflect the traditional design and styles typical of the vernacular of the
area and the surrounding landscape, using a high quality design and
sustainable design principles.

Reason: To ensure a high standard of design and sustainability which would
contribute to the character of the National Park.

3. Prior to the commencement of the works on site, specific details of the
private water supply and water test results are submitted to and
approved by the CNPA acting as Planning Authority in consultation with
Highland Council Environmental Health.

Reason: To ensure water supplies are adequate and suitable as required by The
Private Water Supplies (Scotland) Regulations 1992.

4. Details of the foul and surface water drainage systems for the dwelling
hereby approved shall be submitted to and agreed in writing with the
CNPA acting as Planning Authority, prior to any work commencing on
site. Thereafter, the agreed system shall be operational prior to the
development coming into use and shall be retained and maintained in
accordance with the approved details into perpetuity.
Reason: To ensure that a satisfactory drainage solution is achieved and to prevent
pollution of the nearby watercourse.
5. Parking and manoeuvring space for at least 2 no. vehicles shall be
provided within or close by the curtilage of the property such that all
vehicles may enter and leave the site independently in forward gear.
Reason: To ensure that all vehicles may enter and leave the site safely at all times.

Andrew Tait
planning@cairngorms.co.uk
5 October 2010

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.