CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 2 16 January 2004 
CAIRNGORMS NATIONAL PARK AUTHORITY 
Title: REPORT ON CALLED-IN PLANNING 
APPLICATION 
Prepared by: NEIL STEWART, PLANNING OFFICER 
(DEVELOPMENT CONTROL) 
DEVELOPMENT PROPOSED: NOTICE OF PROPOSED DEVELOPMENT FOR 
FORMATION OF OFF-ROAD CYCLE ROUTE, 
LAND AT STRATHMASHIE, LAGGAN, 
NEWTONMORE 
REFERENCE: 03/055/CP 
APPLICANT: FORESTRY COMMISSION SCOTLAND, 
TOWER ROAD, SMITHTON, INVERNESS 
DATE CALLED-IN: 24 OCTOBER 2003 
Fig. 1 -
Location Plan 
Not available in text format

CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 2 16 January 2004 
SITE DESCRIPTION AND PROPOSAL 
1. Strathmashie Forest is located to the south and east sides of the A86 Trunk Road to 
the south of Laggan (see Fig.1 - Not available in text format). The forest landform rises up from the A86 in an 
easterly direction and extends to approximately 520 hectares. Access to the forest is 
achieved at three locations off the A86 with the main one being located at Auchduchil 
where there is a Forestry Commission Scotland car parking area. This car park is the 
centre for The Haflinger Pony Trekking business which uses an existing timber 
building at the car park as its office/tack room. This business uses existing routes 
within the forest for trekking purposes and the area is also popular for informal 
walking and cycling recreation using existing forest roads. 
2. The proposal is Phase 1 of a two stage development and involves the formation of 
14km of high quality single track contoured trails for challenging off-road cycling 
within the forest. Phase 2, which is not being considered at present, will involve the 
provision, at the Auchduchil car park, of basic catering facilities, a landscaped and 
enlarged car park, purpose built shower/changing facilities, cycle wash, 
maintenance/work station and information point etc. In addition there will be the 
relocation of the Haflinger tack room and the construction of a holding corral, along 
with pony trail works. 
3. The cycle routes proposed as part of Phase 1, will involve the construction of three 
trails, each of varying levels of difficulty. These routes comprise an advanced, 
technically challenging, Black Route (6360 linear metres) with steep downhill 
sections, an intermediate Red Route (6230 linear metres) of fast flowing, single track 
contoured trail, and a simple fun park BMX style downhill track (1360 linear metres) 
in more open areas. The tracks are to be newly formed but the red route will follow 
small sections of existing forest tracks. In addition, the lead in and out to the black 
route will follow an existing forest road. The Auchduchil car park will serve as the 
base and starting point for the cycle routes. The routes will be constructed by a 
combination of digger and hand methods and there will be requirements for some tree 
removal to form the corridors. Path construction will vary depending on the site 
topography and ground conditions but will include some raised benches and cambers, 
the creation of berms and some small sections of slope cutting. Natural rock outcrops 
will be incorporated and the finishing materials will include hardcore infill and 
crushed quarry spoil. Over wetter areas, some boardways and boulder causeways will 
be formed and it is proposed to position some waymarkers along the routes. Also, 
there is an intention to provide a small shelter with information board at a 
viewing/catch-up area at the high point of “Creag a Ghrianam” which is located on 
the black route. 
4. To provide a background and context for the proposal, the applicant has submitted 
some additional supporting information. A successful cross-country mountain bike 
race was held in the forest in the late 1990s using a temporary course which had been 
developed by the Strathspey Mountain Bike Club. Additional events have been held 
since then at Glenmore and Alvie Estate, and the world mountain bike championships 
have also been held on Rothiemurchus Estate. The applicants (Forestry Commission 
Scotland) recognise that there is a growing market for more challenging off road 
cycling, and that Strathspey has great potential in attracting these specialist cyclists 
and the socio-economic benefits that they bring. Since 2000, the Strathspey Mountain 
Bike Club have been raising awareness of their own perceived need for such a 
permanent course where cycle hire businesses can refer cyclists looking for an off 
road challenge. Forestry Commission Scotland has a legal management agreement 
with the Laggan Forest Trust for the management of the Strathmashie woodlands. 
The desire for a challenging off road cycle route has been raised formally in the past 
by the Laggan Forest Trust but a recent change in conservation sensitivities at a site 
previously proposed at Sluggan, Glenmore, has meant that the development plans for 
the proposed site have been accelerated. A public meeting was held in Laggan in July 
2003 at which 92% of attendees indicated that they were supportive of the concept 
and the proposed route at this location. 
DEVELOPMENT PLAN CONTEXT 
5. In the Highland Structure Plan 2001, General Policy G2 (Design for Sustainability) 
states that proposed developments will be assessed against certain criteria, including 
the extent to which they, contribute to the economic and social development of the 
community and impact on resources such as habitats, species, landscape, scenery, 
freshwater systems and cultural heritage. The Structure Plan’s Indicative Forestry 
Strategy states that there will be encouragement given to the development of a 
diverse, multi-purpose forest resource which creates lasting employment 
opportunities, and, amongst other things, enhances public access and recreational 
opportunities. Policy F1 (Forestry Developments) also states that in the consideration 
of individual proposals, particular attention will be paid to any impact on the criteria 
specified in Policy G2 and on, amongst other interests, recreation (maintaining and 
enhancing public access). Policy T2 (Tourism Developments) states that support will 
be given to high quality tourism development proposals, particularly those which 
extend the tourist season, spread economic benefits more widely and provide 
opportunities for the sustainable enjoyment and interpretation of the area’s heritage. 
6. In the Badenoch and Strathspey Local Plan, the forest is designated under Policies 
2.5.3 (Forestry) and 2.5.4 (Woodlands and Trees). Policy 2.5.3 encourages the 
development of forestry schemes which should incorporate economic and 
environmental initiatives. In Strathspey, special attention should be made to main 
tourist routes and corridors and the expansion of recreation opportunities. Policy 
2.5.4 states that protection will be given to existing trees and established woodland 
areas, including small groups of trees or individual granny pines which are important 
landscape, wildlife and amenity features in the countryside. These should include 
significant areas of ancient and semi natural woodlands, incorporating important areas 
of remnant native forest as well as exotic specimens, notably associated with estate 
policies. Generally, development should not be sited within 20m of the trunks of 
large mature trees, and careful consideration will be given to the effect of related 
access and services on their stability. In addition, Policy 2.2.9 (Tourism and 
Recreation) states that tourist activities will continue to make a vital contribution to 
the economy. The priority is to ensure that broadening the range and quality of 
facilities is balanced with protecting the area’s exceptional scenic and heritage 
resources. The Local Plan also states that the more accessible intermediate lowland 
areas have potential for a broad range of activities and that provision should be made 
in the more robust locations better able to absorb visitor pressure, for upgrading 
facilities for recreation, tourism, interpretation and education/research. Multiple use 
of forest areas in particular is encouraged. 
7. In addition to these regional and local planning policies, National Planning Policy 
Guideline 11 (Sport, Physical Recreation and Open Space) recognises that mountain 
biking or off-road cycling is growing in popularity. However, it also states that 
intensive use of a trail or path can lead to a deterioration of the surface and eventually 
to erosion. In the management of their countryside facilities, the NPPG supports 
authorities which encourage mountain biking by providing hire facilities and marked 
trails, which can help draw demand away from the more sensitive landscapes and 
areas. 
CONSULTATIONS 
8. The Highland Council Planning Officers, under delegated powers, have stated that 
both the Structure Plan and the Local Plan generally support the principle of 
establishing recreational facilities at such locations as does National Planning Policy. 
Based on the benefits to local tourism and the economy, the development of sports 
facilities in general, and the provision of challenging off road routes which could help 
reduce pressure on more fragile off road routes elsewhere, they therefore recommend 
approval. However, they suggest that some matters be addressed before any approval 
is given. These relate to a demonstration that adequate car parking is being provided 
and that the different users of the forest can all be safely accommodated without 
conflict. Also that the proposal meets with the terms of Local Plan Policy 2.5.4. in 
relation to protection of trees which are worthy of retention, and that approval is not 
given to the use of the facilities for any motorised form of cycle. 
9. The Archaeology Unit of Highland Council has advised that no archaeological 
condition is required and the Area Roads and Community Works Manager have no 
comments to make on the proposal from an area roads perspective. In addition to this, 
Highland Council’s Transportation Support Officer has stated that since this is an off 
road cycle route on Forestry Commission land the requirements in the Highland 
Council Road Guidelines for New Developments do not apply. He therefore has no 
comments to make other than the fact that the project will help towards a number of 
national and local policies, including the National Cycling Strategy, the Sport 
Strategy and the Highland Cycling Strategy. 
10. The Laggan Community Association has stated that it is pleased to support the 
proposal and looks forward to being involved in all future associated plans. 
11. Scottish Natural Heritage has no objection to the proposal. Although the site lies 
within the Cairngorms National Park, there are no other natural heritage designations. 
They consider that the proposal is unlikely to have any adverse impact on the natural 
heritage of the area. SNH supports the proposal to create an off road cycle route at 
this location because it will promote specialist recreation on a managed site and could 
be of considerable benefit to the local community, as well as meeting the demand for 
this type of facility in Badenoch and Strathspey. They also state that the proposal 
could help draw users away from other more sensitive sites which are not managed 
for this type of recreational use. 
12. The Scottish Executive Trunk Road Network Management Division has no objection 
to the proposal subject to a condition requiring adequate visibility splays to be formed 
and maintained at the junction of the proposed access and the A86 trunk road. 
13. SEPA initially raised some matters relating to the effect the proposal may have on 
existing watercourses and potential areas of habitats of interest such as bog lands. 
The applicants have clarified their proposals in relation to this and SEPA have 
forwarded confirmation that they now have no concerns. 
REPRESENTATIONS 
14. The proposal was advertised by Highland Council on 23 October 2003 under Section 
34 of the Town and Country Planning (Scotland) Act 1997. No letters of 
representation have been received. 
APPRAISAL 
15. This proposal does not constitute a formal planning application. It is a Notice of 
Proposed Development by a government department, namely Forestry Commission 
Scotland. Although not a statutory planning application, the determining authority is 
required to treat the Notice in the same way. For its part, the determining authority is 
required to provide it’s views on the proposed development and in doing so it should 
make it clear whether they find the development acceptable and, if so, on what 
conditions (if any). 
16. It is clear that planning policy at national, regional and local levels strongly support, 
in principle, proposals related to this type of sport and recreation development. In this 
instance, there are no constraints on the site and the forest is not the subject of any 
natural heritage designations. The background to the proposal and this choice of 
location is of relevance. There had been a proposal by the applicants, with the 
support of local interests, to develop an off road cycling facility in the Sluggan area of 
Glenmore Forest. However, it was discovered that capercaillie were using the area of 
the intended route and as such there was a degree of local concern about the sensitive 
nature of the site. This has meant that the emphasis has shifted to the proposed site at 
Strathmashie where it has been confirmed that there is no sensitivity in relation to 
nature conservation issues. The principle of the proposal here is therefore 
supportable. 
17. In relation to the more detailed matters, SEPA initially wished clarification on how 
existing watercourses and habitats such as boglands may be affected. The applicant 
has confirmed that it is not the intention that any watercourse re-alignment take place 
on any of the proposed cycle routes. The blue route (fun park) will not at any time be 
closer than 5m of a watercourse. The red route (intermediate) will also not be 
constructed any closer than 5m from a watercourse, except in one location where it 
shall cross then re-cross a watercourse. However, the applicant has confirmed that 
these crossings will be done by a low level wooden bridge to mitigate any effect on 
watercourse ecology. As far as habitats are concerned, the applicant has confirmed 
that the proposed routes have been designed to avoid any significant bog areas in the 
woodland. They state that much of the boglands have been altered by previous treeplanting 
and then tree removal. On the whole the routes use areas of damaged bog or 
they are restricted to the fringes of boggy areas. The construction design adopted has 
been specifically chosen to minimise the effect on adjoining habitat and any waterflow 
through the peat. It involves placing stone blocks in the peat to create dry 
causeways over which cyclists can travel. On the basis of this, SEPA are now content 
with the proposal in respect of these matters. 
18. The forest is used for other informal recreational purposes such as pony trekking and 
walking. The introduction of additional formal cycle trails will bring an increase in 
the use of the forest and there is potential for conflict, particularly in terms of safety. 
The applicants have confirmed their position in this regard. The Strathmashie Forest 
Development Plan envisages that the recreation facilities will be developed to meet 
differing needs in the differing areas of the woodlands, thus taking a strategic 
approach to the management of potential conflicts. At the detailed level, the design of 
the cycle trails, has taken into account the existing short walking trail in the 
Auchduchil block to minimise conflicts. Adjustments are also being made to the 
horse-riding trails to minimise the potential conflicts the cycle trail may pose. 
Appropriate “in forest” signage will be used as a management tool to minimise such 
problems. The applicants also state that the development of cycling is likely to be 
dynamic and therefore they believe at this stage, active management of problems on 
the ground will be as effective as a written plan which will soon become dated. 
Forestry Commission Scotland have built up considerable experience in dealing with 
these matters over the years and are confident that the proposed lay-out will minimise 
any potential problems since the existing use of the site is at a relatively low level. In 
view of these statements, I am confident that the proposal will not cause any 
significant adverse effects on the quality of the existing recreational pursuits within 
the woodlands and that the overall safety of users will not be compromised. In 
addition, the applicant has confirmed that the routes shall not be used for any form of 
motorised cycling and that this is in fact contrary to Forestry Commission bylaws. 
19. It is envisaged and, indeed, hoped that the facility will attract a considerable number 
of users. This may have an affect on traffic movements to and from the site. The 
proposal is to use the existing access and car park at Auchduchil. The Scottish 
Executive Trunk Roads Division require adequate visibility splays at the junction of 
the access with the A86 and the applicant has confirmed that the requirements for the 
splays are already met at the access and that they will be maintained. In relation to 
car parking, the applicants have agreed that the commencement of the use of the 
facility will not take place until the Phase 2 proposal to extend the car park has been 
approved and carried out and that the car park proposals will include scope for further 
enlargement if this becomes necessary. No objections, on these grounds are therefore 
raised. 
20. Finally, in relation to Policy 2.5.4. (Woodlands and Trees) of the Local Plan, the 
applicants have stated that the woods at this location comprise plantations established 
following the second world war and some remnants of 19th century plantations. 
There are also some remnants of semi-natural woodland but the planned development 
does not enter these areas. Small areas of the Auchduchil block do have some 
characteristics found in native woodlands, but the applicants again have confirmed 
that the trails will largely avoid these and will certainly not lead to the felling of any 
granny trees. In view of these assurances, I find that the proposal does not provide a 
conflict with Policy 2.5.4. 
21. To conclude, the proposal meets the terms of planning policy as found in NPPG11, 
The Highland Structure Plan and the Badenoch and Strathspey Local Plan. There are 
no objections to the proposal from any source and indeed, support for the proposal is 
evident. The applicants submission includes correspondence from the local MP, The 
Laggan Forest Trust, the Newtonmore & Vicinity Community Council, a local 
business owner in Kingussie and a member of the public in the Roy Bridge area, all of 
which put forward support for the project. There is also a record of a public meeting 
held in Laggan which displays general support for the development. In addition, there 
is a letter from the Capercaillie Officer for the area, which states that to the best of his 
knowledge, there are no capercaillie on the site and that he has not received any 
reports from users of the woodlands which is usually a good indicator. The location 
of the site would also support this view. The forest is isolated with respect to other 
capercaillie populations and is therefore unlikely to receive dispersing capercaillie. 
The Institute of Terrestrial Ecology capercaillie distribution map also does not show 
any records for the species and this record dates back to the early 1980s. These letters 
of support were submitted to the applicant prior to the submission of the Notice. 
IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 
22. In relation to the first aim which is to conserve and enhance the natural and cultural 
heritage of the area, the proposal has no negative impacts on species, habitats or the 
landscape. It also does not affect any features of cultural or historic interest. 
Although, there is no direct on-site conservation benefit, the proposal does provide the 
opportunity to direct this type of development away from more environmentally 
sensitive areas of the National Park. In relation to the second aim, which is to 
promote sustainable use of natural resources of the area, there are no significant 
negative impacts. Although, there may be an increase in travel by car to and from the 
site, the creation of a facility using an existing woodland, which promotes a healthy 
outdoor pursuit must be seen as a positive sustainable use of the National Park’s 
natural resources. In relation to the third aim, which is to promote understanding and 
enjoyment (including in the form of recreation), of the special qualities of the area, the 
proposal has a positive effect. It promotes additional recreational use of an area and 
provides opportunities for enjoyment of this part of the National Park. It also may 
provide opportunities for the display of information and interpretation features. 
Finally, in relation to the fourth aim, which is to promote sustainable economic and 
social development of the area’s communities, the proposal, by its nature and location 
provides the opportunity to attract additional visitors to the Laggan area which would 
have significant benefits to the socio-economic development of the community and 
the wider area. 
RECOMMENDATION 
23. That Members of the Committee support a recommendation to advise the applicants 
(Forestry Commission Scotland) that the Cairngorms National Park Authority has no 
objections to the proposal, subject to the following conditions: 
i. The development to which this permission relates must be begun within five years 
from the date of this permission. 
ii. The use of the cycle routes, hereby permitted, shall not take place until such time 
as an appropriately designed and sized car park, to accommodate parking for all 
users of the site, and positioned at a suitable location, has been agreed and 
completed to the satisfaction of the Planning Authority. 
iii. Unless otherwise agreed in writing with the Planning Authority, use of the cycle 
routes, hereby permitted, shall be restricted to pedal cycles only and there shall be 
no use of the routes by any form of motorised cycle. 
iv. Unless otherwise agreed in writing with the Planning Authority, none of the cycle 
routes hereby permitted shall be constructed within 5m of any watercourse, except 
for the one location, on the intermediate route (red), as stated in the applicant’s 
letter of 23 December 2003. The crossings of the watercourse at this location 
shall be by low level bridge only and details of these bridges shall be submitted 
for the further written approval of the Planning Authority prior to the 
commencement of development on site. 
v. Prior to the commencement of the use of the development hereby permitted, 
visibility splays shall be provided and maintained by the applicant on each side of 
the proposed access to the satisfaction of the Planning Authority, such that there 
shall be no obstruction to visibility from a driver’s eye height of 1.05m-2.0m, 
positioned at the set back distance (X) on the proposed access, to an object height 
of 0.26m-1.05m within the triangular areas defined as follows: 
a) The set back distance, or X distance, shall be a line 2.4m long measured along 
the centreline of the access road from the nearside edge of the trunk road 
carriageway. 
b) The Y distance shall be a line 215m long in a north easterly direction and 
170m long in a south westerly direction, measured along the nearside edge of 
the trunk road carriageway from the centreline of the proposed access road in 
both directions. 
c) Two straight lines connecting the terminations of the above lines. 
vi Unless otherwise agreed in writing with the Planning Authority, controlled waste, 
namely peat, soils, rock and other materials produced as a result of construction 
works or excavations or other operations on site, shall be disposed of only at a 
licensed facility or re-used strictly in accordance with an activity exempt from 
waste management licensing controls, as specified within The Waste Management 
Licensing Regulations 1994, and pre-registered with SEPA. 
vii. Prior to the commencement of works on site, details of the shelter and information 
board proposed at the viewpoint at “Creag a Ghrianam” shall be submitted for the 
further written approval of the Planning Authority. 
Neil Stewart 
8 January 2004 
neilstewart@cairngorms.co.uk