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 MINUTES OF THE PLANNING COMMITTEE held at The Albert Memorial Hall, Ballater on 21st October 2005 at 10.30am PRESENT Eric Baird Lucy Grant Stuart Black Anne McLean Duncan Bryden Sandy Park Sally Dowden Andrew Rafferty Basil Dunlop Sheena Slimon Douglas Glass Richard Stroud Angus Gordon Susan Walker IN ATTENDANCE: Neil Stewart Andrew Tait Mary Grier Wendy Rogerson Fiona Munro APOLOGIES: David Green Gregor Rimell Marcus Humphrey David Selfridge Bruce Luffman Joyce Simpson Willie McKenna Andrew Thin Eleanor Mackintosh Bob Wilson Alastair MacLennan WELCOME AND APOLOGIES 1. The Vice-Convenor, Sandy Park, welcomed all present. 2. Apologies were received from David Green, Marcus Humphrey, Bruce Luffman, Willie McKenna, Eleanor Mackintosh, Alastair MacLennan, Gregor Rimell, David Selfridge (On CNPA Board Duties), Joyce Simpson & Bob Wilson. MATTERS ARISING FROM THE PREVIOUS MEETING 3. The minutes of the previous meeting, 7th October 2005, held at The Lonach Hall, Strathdon were approved. Officials were asked to amend paragraph 35 on page 4 of the previous minutes to include that Sally Dowden declared an interest and left the room. 4. There were no matters arising. DECLARATION OF INTEREST BY MEMBERS ON ANY ITEMS APPEARING ON THE AGENDA 5. Richard Stroud declared an interest in Planning Application No. 05/430/CP. 6. Douglas Glass declared an interest in Planning Application No. 05/431/CP. 7. Eric Baird declared an interest in Planning Application No. 05/444/CP PLANNING APPLICATION CALL-IN DECISIONS (Oral Presentation, Mary Grier) 8. 05/427/CP - The decision was to call-in the application for the following reason : • The proposal is for a new dwellinghouse in a prominent countryside area, within a designated Area of Great Landscape Value, and in an area where policies generally encourage the retention and reuse of local buildings in preference to demolition and redevelopment. The proposal therefore raises issues relating to principle in terms of planning policy, precedent and cumulative impact and may also have the potential to raise issues in relation to landscape impact and natural heritage. As such it is deemed to be of significance to the collective aims of the National Park. 9. 05/428/CP - No Call-in 10. 05/429/CP - No Call-in 11. 05/430/CP - Richard Stroud declared an interest and left the room. The decision was to call-in the application for the following reason : • The proposed canopy is to be erected over Auchtavan Cottage, which is a Category A listed building, and is also situated in a prominent upland location. The proposal is therefore considered to be of general significance to the aims of the Cairngorms National Park, and in particular is of significance to the aim to conserve and enhance the cultural heritage of the area. Richard Stroud returned 12. 05/431/CP - Douglas Glass declared an interest and left the room. No Call-in Douglas Glass returned 13. 05/432/CP - No Call-in 14. 05/433/CP - The decision was to call-in the application for the following reason : • The proposal represents the erection of a new house and wind turbine in a countryside area in close proximity to the River Gairn which is part of the River Dee SAC. The proposal, if unjustified, may be contrary to countryside policy and the overall proposal has the potential to establish a precedent for other similar developments within the Cairngorms National Park which cumulatively, may raise issues of general significance to the collective aims of the National Park. 15. 05/434/CP - No Call-in 16. 05/435/CP - No Call-in 17. 05/436/CP - No Call-in 18. 05/437/CP - No Call-in 19. 05/438/CP - No Call-in 20. 05/439/CP - The decision was to call-in the application for the following reason : • The temporary accommodation unit is proposed to be located in a prominent and elevated location, adjacent to a former watermill, within a designated Area of Great Landscape Value. The proposal also has linked significance to a current application for the conversion of the aforementioned watermill into a dwelling house and holiday letting properties (05/440/CP). The proposal therefore raises issues relating to precedent and cumulative impact and may also have the potential to raise issues in relation to landscape impact and cultural and natural heritage. As such it is deemed to be of significance to the collective aims of the National Park. 21. 05/440/CP - The decision was to call-in the application for the following reason : • The proposal is for the re-use of a former watermill to create a new dwelling house and tourist based accommodation, outside of any recognised settlement, in a prominent countryside location within a designated Area of Great Landscape Value. As such the proposal may raise issues of general significance in relation to the collective aims of the National Park. 22. 05/441/CP - No Call-in 23. 05/442/CP - No Call-in 24. 05/443/CP - No Call-in Eric Baird declared an interest and left the room. 25. 05/444/CP - The decision was to call-in the application for the following reason : • The provision of a footbridge in this location spanning a watercourse that carries Special Area of Conservation status, may have implications in relation to access, recreation, landscape impact and natural heritage. It may also act as a precedent for other similar developments in sensitive locations of the National Park. As such, it represents a proposal which may raise issues of general significance to the collective aims of the National Park. Eric Baird Returned. 26. 05/445/CP - Richard Stroud Proposed a Motion to Call in the application. This was seconded by Susan Walker. Duncan Bryden proposed an Amendment not to call in the application. This was seconded by Lucy Grant. The vote was as follows: MOTION Eric Baird Stuart Black Sally Dowden Angus Gordon Andrew Rafferty Richard Stroud Susan Walker TOTAL 7 AMENDMENT Duncan Bryden Douglas Glass Lucy Grant Anne MacLean Sandy Park Sheena Slimon TOTAL 6 ABSTAIN Basil Dunlop TOTAL 1 The decision was to call-in the application for the following reason : • The proposed design represents a significant departure from the concept of a traditional steading conversion, and it is also located in an elevated upland location. As such the proposed development is considered to be of general significance to the aims of the National Park, in particular the conservation and enhancement of the cultural heritage of the area. 27. 05/446/CP - No Call-in 28. 05/447/CP - No Call-in COMMENTING ON APPLICATIONS NOT CALLED-IN BY THE COMMITTEE 29. The Members wished to make comments to the Local Authorities on the following Planning Application No’s 05/429/CP, 05/442/CP, & 05/446/CP. The planning officers noted these comments and were delegated with the responsibility of whether or not to submit the comments to the Local Authorities. REPORT ON CALLED-IN PLANNING APPLICATION FOR AMENDMENT TO CONDITION NO. 9 OF PLANNING REF. 05/178/CP TO ALLOW SATURDAY WORKING TIMES AT DEVELOPMENT OF THE UNDERBRIDGE, HIGHBURNSIDE, AVIEMORE (PAPER 1) 30. Mary Grier presented a paper recommending that the Committee approve the application subject to the conditions stated in the report. 31. The Committee discussed the application and the following points were raised: a) Concern over the safety of the present road diversion, especially in bad weather during the winter months. b) The need for the works to be completed as soon as possible for safety reasons. c) Whether additional man power and/or additional equipment would suffice rather than a need to extend working hours. d) Concern that the committee had not received sufficient information on the details of the works and timescales involved. With the additional hours proposed this would only equate to an extra 4 days working time. e) Whether a compromise could be reached where Saturday working was allowed within a different hour pattern. 32. Susan Walker proposed a Motion to allow Saturday working times but within a different hour pattern of between 09:00 and 15:00 with the addition of a strongly worded letter stating the importance of adhering to the existing conditions. This was seconded by Angus Gordon. 33. Douglas Glass proposed an Amendment to approve the application as recommended with the addition of a strongly worded letter stating the importance of adhering to the existing conditions. This was seconded by Duncan Bryden. The Vote was as follows: MOTION Stuart Black Angus Gordon Susan Walker TOTAL 3 AMENDMENT Eric Baird Duncan Bryden Sally Dowden Basil Dunlop Douglas Glass Lucy Grant Anne MacLean Sandy Park Andrew Rafferty Sheena Slimon Richard Stroud TOTAL 11 ABSTAIN TOTAL 0 34. The Committee agreed to approve the application subject to the conditions stated in the report, with the addition of a strongly worded letter stating the importance of adhering to the existing conditions. REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF SINGLE DETACHED DWELLINGHOUSE AT LAND ADJOINING ‘TIGH AN TEARLACH’, BLACKMILL, FESHIE BRIDGE (PAPER 2) 35. Sandy Park advised that the Applicant Mr Cochran had been expected at the meeting but in fact had not attended. 36. Sandy Park advised that a late letter had been submitted on behalf of the applicant. The committee paused to read the late letter. 37. Andrew Tait presented a paper recommending that the Committee refuse the application for the reasons stated in the report. 38. The Committee discussed the application and the following points were raised: a) The fact that the applicant had been discouraged from applying for a time extension by Highland Council. b) The need for rented accommodation/affordable housing and to encourage a rise in population in the local area. c) The possibility of linking the accommodation to someone working locally under the Section.75 Agreement. d) Possible landscape impacts from the proposed development. 39. Richard Stroud proposed a Motion to refuse the application as recommended. This was seconded by Douglas Glass. 40. Sheena Slimon proposed an Amendment to approve the application with a section 75 Agreement to link the accommodation to local needs. This was seconded by Lucy Grant. The vote was as follows: MOTION Eric Baird Duncan Bryden Sally Dowden Douglas Glass Anne MacLean Sandy Park Richard Stroud Susan Walker TOTAL 8 AMENDMENT Stuart Black Basil Dunlop Angus Gordon Lucy Grant Andrew Rafferty Sheena Slimon TOTAL 6 ABSTAIN TOTAL 0 41. The Committee agreed to refuse the application for the reasons stated in the report. REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF DWELLINGHOUSE AT SITE ADJACENT TO NEWE AVENUE, NEWE, STRATHDON (PAPER 3) 42. Andrew Tait presented a paper recommending that the Committee approve the application subject to the conditions stated in the report. 43. There were no points raised by the committee. 44. The Committee agreed to approve the application subject to the conditions stated in the report. DRAFT RESPONSE TO THE SCOTTISH EXECUTIVE ON CONNECTING TO THE SYSTEM – CONSULTATION FOR CONECTIONS TO THE WATER AND SEWERAGE WORKS (PAPER 4) 45. Fiona Munro presented a report recommending that the Committee approve the response to the Scottish Executive. 46. The Committee discussed the report and the following points were raised: ' a) In response to Question 4 the following comment was made: Taking account of differing development densities in rural and urban areas, the CNPA would wish to make sure that this does not result in disproportionate costs for rural dwellers. There is, therefore, a need for more information on overall unit costs for local infrastructure in rural and urban areas. 47. The Committee agreed to approve the response to the Scottish Executive with the addition of the above statement in response to question 4. ANY OTHER BUSINESS 48. Housing policies within the Draft Local Plan. a) Clarification of Policy 38 in the Local Plan and how it relates to government proposals for pension reform. b) Suggestion of working with existing Local Plan c) How retired farmer housing in the countryside fits in with the Local Plan 49. Concerns were raised over an appeal and decision to grant permission for a charity donation container (in the form of a bomb) in Braemar, against the wishes of the community. It was agreed that a copy of the decision be circulated at the next committee meeting. DATE OF NEXT MEETING 69. Friday 4th November, Kingussie. 70. Committee Members are requested to ensure that any Apologies for this meeting are submitted to the Planning Office in Ballater. 71. The meeting concluded at 12:30hrs.