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


Title:	REPORT ON CALLED-IN PLANNING APPLICATION

	Prepared by:	DEREK MANSON, PLANNING OFFICER (DEVELOPMENT MANAGEMENT)


DEVELOPMENT PROPOSED:	USE OF LAND FOR TEMPORARY SITING OF CARAVAN; 
INSTALLATION OF SEPTIC TANK AND FORMATION OF NEW ACCESS ON LAND 100M
NORTH WEST OF BIRCH COTTAGE, DRUMULLIE, BOAT OF GARTEN

REFERENCE:	08/086/CP	

APPLICANT:	MR ALEXANDER D GRANT	

DATE CALLED-IN:	20th MARCH 2008

RECOMMENDATION:	REFUSE	 


 
Fig. 1 - Location Plan


SITE DESCRIPTION AND PROPOSAL


1.	Retrospective planning permission is being sought for the use of land for 
	the temporary siting of a caravan; installation of septic tank and formation 
	of new access at land 100m northwest of Birch Cottage, Drumullie, Boat of Garten. 
	The site to which this application relates is located on the north side of the A95 (T) 
	on croft land, known as Lot 5, within the loose grouping of houses and buildings 
	known as Drumuillie, which lies to the north of Boat of Garten. The immediate area 
	surrounding the proposed site is approximately 3.1ha, and the land rises up gently 
	from the main road (Fig.2). 

Fig. 2 – Photo taken looking north showing Lot 5.


2.	The southern part of the croft land is currently being used as a grazing paddock, 
	with the caravan having been placed to the northern part of the site and a septic tank 
	having been installed (Fig 3 and 4). A new access road has also been formed which
	will access onto the A95. (Fig 5). 

 	
Fig. 3 – Site of temporary caravan 	Fig. 4 – Site of temporary caravan and septic tank

Fig. 5 – photo showing the access and junction with A95 (T)


HISTORY AND RELEVANT CONSIDERATIONS

3.	The static caravan was first brought to the attention of the CNPA by Highland 
	Council on 6 February 2008. The applicant and his wife currently reside in the
	static caravan as they have sold their property in Boat of Garten. The static caravan 
	has also been connected to the Septic Tank on site. The applicants say that the 
	caravan would be temporary until the new house was built on the croft. There is 
	currently an application (07/414/CP) for outline planning permission for a dwelling 
	on this site which has been called in by the CNPA. There has not been a specific 
	agricultural justification made for this application, however, given that the application 
	is closely related to application 07/414/CP, the supporting information provided for 
	application 07/414/CP has been used. 

4.	The following planning application is considered to be material in the determination 
	of this proposal. The application type and interpretation of Highland Council’s planning
	policy by the Reporter are very pertinent to this planning application. The application 
	was for outline planning permission for the erection of a dwellinghouse and the temporary 
	siting of 2 caravans. The application was initially refused by Highland Council and 
	subsequently the appeal was dismissed by Scottish Executive Inquiry Reporters 
	Unit (SEIRU) on 19th December 2006. The site was on a 19.4ha croft and was 
	refused because the site was located outwith any defined settlement or housing 
	group and no land management justification or related family purposes had been 
	adequately demonstrated, and none of the listed policy exceptions apply.

5.	In support of the appeal the applicants claimed that they had proved an 
	operational need for the proposed house. An assessment was carried out 
	by the Scottish Agricultural College, which concluded that the croft will 
	develop a long-term requirement for 0.43 labour units and that – in terms 
	of operational efficiency and discharging the duties of livestock managers as 
	well as fulfilling the cultural aspect of crofting – it was desirable to live on the unit.  

6.	The reporter decided that it was the needs of the holding itself rather than personal 
	preference and circumstances which are the key determining factors. He concluded 
	that although the required assessments had been undertaken by the Scottish 
	Agricultural College and they had the support of the Corfters’ Commission 
	he was not convinced that a proper case has been made to justify an exception
	to policy in this case. He was concerned that to allow this appeal would allow 
	for the possibility of a less stringent approach being taken in future-to the
	detriment of the countryside and said that as there was no justification for the 
	proposed house and the same consideration applied to the caravans.


DEVELOPMENT PLAN CONTEXT

7.	Highland Structure Plan (approved March 2001) Policy H3 states that 
	housing will 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 land and related family purposes. 
	This is to strengthen the role of the existing settlements and to safeguard the character 
	of the countryside for both residents and visitors.  In areas where communities are 
	experiencing difficulty in maintaining population and services some housing may be acceptable. 
 
8.	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.   
 
9.	Policy G2 Design for Sustainability, lists a number of criteria on which proposed 
	developments will be assessed. These include compatibility with service 
	provision (water and sewerage, drainage, roads, schools, electricity); accessibility 
	by public transport, cycling, walking and car; maximisation of 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 and cultural heritage.

10.	The site lies within an area covered by Policy 2.1.2.3 for Restricted Countryside Areas
	in the Badenoch and Strathspey Local Plan (September 1997).  This policy has a strong 
	presumption against the development of new houses.  Exceptions will only be made 
	where a house is essential for the management of land, related family and occupational 
	reasons. Restrictions on the subsequent occupancy of such houses will be enforced, 
	and adherence to the principles of good siting and design will be required. Policy 2.1.2. 
	(Housing in the Countryside) states that single houses outwith recognised settlements 
	will require to be, compatible with the scale and character of local buildings where appropriate, 
	properly located in harmony with the landscape, and designed to a high standard with 
	particular emphasis on proportions, roof pitch, fenestration and selection of materials. 

11.	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 light of the subsequently approved Structure Plan of 2001. 
	This document states that new housing within the open countryside will be 
	exceptional, and will only be permitted where 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).  In certain areas, some housing in the countryside may be 
	permitted to support the viability of rural communities experiencing difficulties in 
	maintaining population and services.  For justification based on croft management it
	is recognised that a degree of flexibility will be required, for example, in such circumstances
	it may not be possible to sustain full time employment and this will be taken into consideration.  
	Any application for a house associated with crofting should be accompanied by confirmation
	from the Crofters Commission of the bona fides of the crofting application.

12.	Cairngorms National Park Plan (2007) highlights the special qualities of the Cairngorms, 
	stating that the “Cairngorms is widely recognised and valued as an outstanding 
	environment which people enjoy in many different ways.”  It recognises that there
	is a wide diversity of landscape, land-uses, management and community priorities 
	across different parts of the Park.  In a section entitled ‘Living and Working in the Park’ 
	the subject of ‘housing’ is explored.  The Plan refers to the need to ensure greater access
	to affordable and good quality housing in order to help create and maintain sustainable 
	communities as one of the key challenges in the National Park.  Reference is also 
	made to the quality and design of new housing which is expected to meet high 
	standards of water and energy efficiency and sustainable design and also to be 
	consistent with or enhance the special qualities of the Park through careful design and siting.  

13.	The plan also seeks to ensure that development complements and enhances the 
	landscape character of the Park.  The Plan goes on to consider that new development 
	in settlements and surrounding areas should complement and enhance the character, 
	pattern and local identity of the built and historic environment.     


CONSULTATIONS

14.	Scottish Environment Protection Agency (SEPA) have no objection to the
	development and they note that the proposal is to continue utilising an existing
	septic tank discharging to conventional soakaway. In a planning context the 
	proposals for foul drainage are acceptable providing the minimum distances
	to water required by Building Standards are achieved and the size of the existing 
	system is adequate for any additional loading.  

15.	The Crofters Commission has advised that their records show the owner of the 
	croft to be Mr Alexander D Grant. They state that, Mr Grant has been the owner 
	of the croft since 1995 and since that time there have been no Decrofting Directions 
	issued in respect of the croft.  In conclusion the Commission support the building 
	of croft housing to enable a crofter or owner of the croft to reside there and make 
	best use of the land.

16.	Boat of Garten and vicinity Community Council responded saying that although 
	neighbour notification appeared to be inadequate, they had no objection to a 
	temporary caravan provided that agreement was secured that when the application 
	for a new house was resolved the caravan would be removed. 

17.	Transport Scotland (Trunk Roads Network Management Directorate) initially 
	advised that they had no objection to the proposal provided that conditions were 
	met. However, they have subsequently changed their advice as they initially 
	understood that there existed consent for a residential caravan and the application
	was for a dwelling house to replace the caravan, as it transpired there was no such 
	consent and Transport Scotland amended the response accordingly. They now advise
	that planning permission be refused. Their reasons for this recommendation are:
	
	· The proposed development could result in an increase in the number and type 
	of vehicles entering and leaving the traffic stream at a point where visibility is restricted thus creating interference with the safety and free flow of traffic on the trunk road;
	· The development proposes to take access at a location where there has been a 
	serious accident, thus the proposed development may result in increasing the 
	likelihood of another accident at this location, consequently, creating interference
	with the safety and free flow of traffic on the trunk road.


REPRESENTATIONS

18.	The application has been advertised by Highland Council in The 
	Strathspey and Bandenoch Herald as a potential Departure from the 
	Development Plan. 3 letters of objection have been received, (APPENDIX 1).
	In summary the issues raised, include:

	· The siting of the caravan and installation of septic tank, access, water 
	and electricity all installed without obtaining planning consent 
	· Stables, with a concrete base, have been erected. Does this require planning consent?
	· The applicant has recently sold his house in Boat of Garten and question whether this 
	was an attempt to pressurise the Planning Committee to approve the application. 
	· The vehicle access onto the A95 trunk-road is sub-standard and the sight lines are 
	inadequate 
	· Proposal contrary to development plan policies and granting planning permission
	 could set a precedent in the area 
	· Insufficient justification on land management grounds as the applicant 
	only uses ground for grazing 

19.	 In response to these comments the septic tank and access are the subject 
	of this retrospective application for planning permission. The applicants have 
	stated that the stables have been there for more than 10 years, therefore are 
	exempt from any enforcement action. The planning report has made members 
	aware that the applicants have sold their house in Boat of Garten and currently 
	live on site in the static caravan. The issue of the vehicle access is discussed in the 
	report and Transport Scotland has been consulted as the vehicle access is taken onto 
	a Trunk Road. The report will consider the proposal and the how it relates to the relevant 
	development plan policies and also the report will also consider whether there is a 
	sufficient land management justification for the proposal.

20.	The applicant has also submitted a letter in reply to the objections(APPENDIX 2) 
	The applicant states in response to the issues raised that;
	· Septic Tank issues were put to planning at Kingussie such as soakaway tests
	· The stables have been there for years
	· The sale of my family house was not sold to force consent
	· Access from the road to my gateway is the same as it was when the road was 
	built. I have worked on my land entrance to take away the steepness for vehicles 
	such as horse box and cars.

21.	Two of the letters of support for the house application (07/414/CP) make reference 
	to this application. The first letter states because the applicant already lives in an
	unauthorised caravan it would regularise the situation if he were granted planning 
	permission to build a house and undertake to remove the unauthorised caravan on 
	taking up residence in the house. The second letter of support from the constituency 
	MSP wishes to express his support for the wish to develop his croft and points out that
	they have lived in a caravan on this site for two years in all weathers. (APPENDIX 3). 


APPRAISAL

22.	This application relates to application 07/414/CP. The applicant states that the 
	caravan is temporary until he gets planning permission to build a house. 
	The applicants currently reside in the caravan having sold their property in Boat of Garten. 
	This appraisal section of the report will first consider the principles of the development 	
	proposed and how it ‘fits’ with planning policy and the aims of the Cairngorms National Park. 
	The assessment will also consider issues such as access and roads issues and the 
	septic tank. Although no specific land management justification has been made for this 
	application after discussing this with the applicant and given that it is closely related to 
	application 07/414/CP, the supporting information provided for that application has been
	used.

Principle and Policy

23.	Caravans/mobile home units are not usually considered to be suitable for
	locating in open countryside. The design, materials and colour of such units
	are not generally seen as being sensitive to such areas. In terms of design
	quality, the proposal does not meet the general thrust of planning policy. 
	In addition, in terms of the overall sustainability objectives of the Highland
	Structure Plan, the use of the caravan for habitation is not seen as maximising
	the quality of housing, the standards of health, the use of renewable resources 
	or the efficient use of energy. In relation to the aims of the National Park such 
	accommodation seems even less appropriate, other than for exceptional 
	circumstances such as an agricultural justification.
 
24.	One of the key issues to assess in this application is the principle of the siting of a
	caravan on this site in relation to the development plan polices. Applications for the
	temporary siting of caravans which may act as a precursor to applications 
	for permanent dwellings will be subject to the same policy considerations as a 
	new housing development in the countryside. Highland Council’s Development 
	Plan Policy Guidelines 2003 recognises that for a justification to be based on 
	croft management it is accepted that a degree of flexibility will be required, for 
	example, in such circumstances it may not be possible to sustain full time 
	employment and this will be taken into account. It also says that any application
	for a house should be a registered croft or associated common grazing 
	and be accompanied by appropriate confirmation from the Crofters 	
	Commission of the bona fides of the crofting application.
	As noted in the consultation sections of this report, the Crofters 
	Commission has expressed general support for applications of this nature.
	However, the proposed development is also identified in the Local Plan 
	as in an area of Restricted Countryside where there is a strong presumption 
	against residential development unless there is a land management
	(agricultural or crofting) justification for allowing otherwise. 
	The policy is based on the premise that there should be protection
	in the countryside from sporadic development and to that end permit 
	development only where a clear justification exists.  

25.	For the presumption against new housing development to be overcome, 
	a genuine land management justification must be demonstrated. Policy 
	H3 of the Highland Structure Plan refers to a house being required for the 
	management of land and Policy 2.1.2.3 for Restricted Countryside Areas 
	in the Badenoch and Strathspey Local Plan allows for the possibility of 
	exceptions only where a house is essential for that purpose. The justification 
	which has been provided stated that the total number of stock on the croft 
	comprises 5 sheep, 2 horses and 4 hens and the applicant has stated that 
	the typical hours worked on the croft per day is two. In terms of man hours 
	and the level of economic dependency these are insufficient to support the 
	need for a house on land management grounds.  I therefore consider that, 
	despite the Crofters Commission general support for croft housing, an 
	insignificant justification has been demonstrated to comply with the terms 
	of the Restricted Countryside Areas policy. 

26.	The sale of the applicants former house in the expectation that they could then 
	build a new house on the croft could be considered a reckless act on the part 
	
27.	It is also important to note that an application for a house and two temporary 
	caravans on a considerably larger croft was refused by SEIRU for reasons 
	stated in paragraph 6 of the report. 

Septic Tank 

28.	This application seeks retrospective permission for a septic tank. 
	The septic tank has been installed and is connected to the static caravan. 	
	Percolation tests have been carried out and SEPA have been consulted 
	and have no objection to the proposals. 

Access and Roads Issues 

29.	The negative response to the application from Transport Scotland is 
	noted in paragraph 15. Their response reinforces the objections raised
	from neighbouring properties, on the concerns about the increased traffic 
	flow the proposed development would have on the trunk road, which has
	witnessed a serious accident. The members of the planning committee had 
	deferred the application for a house (07/414/CP) at a previous planning committee 
	and had asked for clarification to be sought from Transport Scotland regarding their 
	objection to the planning application which would use the same access road. 

30.	Transport Scotland has provided a response detailing their reasoning for the 
	recommendation for refusal for both applications. The additional response 
	states “when considering the suitability of an access to serve a development, 
	this is based on the requirements of the Design Manual for Roads and Bridges (DMRB),
	Volume 6 TD 41/95 and TD 42/95 combined with recorded accident statistics. 
	The DMRB provides the minimum geometric and visibility requirements expected in
	relative to the design speed of the Trunk Road, in this case 60 mph, against which 
	Transport Scotland compares ‘on site’ measurements to determine the level of 
	compliance with standards. In circumstances that the existing visibility does not 
	meet these requirements then consideration is given to the extent of works 
	required by the applicant to meet the standard. As an example should it 
	transpire that with minor alteration visibility is achievable then Transport Scotland 
	would recommend to the Planning Authority that a condition be attached to
	reflect this, the same goes for the geometric layout of the access. 
	In conclusion it was considered that the restrictions to visibility could not 
	reasonably be overcome and combined with the accident history and improvements 
	required to the general access arrangement the application is recommend for refusal
	on the basis that the intensification in use of the existing access would be detrimental 
	to the safe and free flow of traffic on the Trunk Road.” 

31.	Transport Scotland have also attached a copy of the site report written by the
	Operating Company, BEAR Scotland Ltd., which identifies the visibility 
	shortfall and concerns regarding the accident history and includes 
	the photos taken during the site visit. (APPENDIX 4). 

32.	The Committee should note, if approval is deemed appropriate, 
	the refusal recommendation from Transport Scotland would mean the
	application would require to be notified to the Scottish Government for a final decision. 
 

Conclusion 

33.	There has been a lack of a land management justification provided by the
	applicant for either this application or the erection of a dwelling on this site, 
	and also a recommendation of refusal by Transport Scotland on the basis of 
	increased vehicular activity where there is restricted visibility, therefore the application
	 is recommended for refusal. 



IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK

Conserve and Enhance the Natural and Cultural Heritage of the Area

34.	Although there are no natural heritage designations, a new unjustified 
	temporary caravan on this prominent site, together with the formation of its access,
	 will have negative impacts on the character and quality of this part of the rural landscape 
	of the National Park and would potentially set a precedent for additional development which 
	could further erode the character of the area. It would not therefore promote the conservation 
	or enhancement of the natural heritage of the area.


Promote Sustainable Use of Natural Resources

35.	The use of a caravan for habitation is not viewed as being sustainable in the long
	 term, due to its failure to maximise the use of energy and renewable resources. 


Promote Understanding and Enjoyment

36.	Not relevant to this application. 


Promote Sustainable Economic and Social Development

37.	The development proposal represents a residential caravan in the countryside, 
	which has not been sufficiently justified as being necessary for land management 
	purposes; therefore it does not demonstrate a sustainable form of economic 
	development within the Park. 
 

RECOMMENDATION

It is recommended to the member of the Committee that the application for the use 
of land for the temporary siting of a caravan; installation of septic tank and formation 
of new access on land North West of Birch Cottage, Drumuillie, Boat of Garten be 
REFUSED for the following reasons:


1.	The proposed development is contrary to Regional and Local Planning 
	Policy as contained in Highland Structure Plan Policy H3 (Housing in the Countryside), 
	Development Plan Policy Guidelines 2003 and the Badenoch and Strathspey Local 
	Plan Policy 2.1.2.3. (Restricted Countryside Areas), all of which restrict new houses 
	in the countryside unless there are particular circumstances and special needs
	in relation to land management.  It has not been sufficiently demonstrated 
	that the proposed caravans related septic tank and access are required for the 
	purposes of land management. If approved, the development would set a precedent 
	for further unjustified development of this nature and would encourage the sporadic 
	siting of other residential developments in similar rural locations, all to the detriment 
	of the character of the countryside and the amenity of this part of the National Park.

2.	The proposed development will result in the intensification in use of the existing
	access which would be testimonial to the safe and free flow of traffic on the A95 (T), 
	at a point where visibility is restricted and where there has been a serious road traffic 
	accident in the past.


Derek Manson
14th September 2009
planning@cairngorms.co.uk

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. 

APPENDIX 1
3x objection letters

APPENDIX 2
Letter of reply

APPENDIX 3
Letters of support
 
APPENDIX 4
Copy of BEAR site report