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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 6 22 April 2005 


CAIRNGORMS NATIONAL PARK AUTHORITY 

Title: REPORT ON CALLED-IN PLANNING 
APPLICATION 

Prepared by: MARY GRIER (PLANNING OFFICER, 
DEVELOPMENT CONTROL) 


DEVELOPMENT PROPOSED: ERECTION OF NEW DWELLINGHOUSE 
ON GROUND TO THE WEST OF 
BALMENACH ROAD, CROMDALE 
(OUTLINE PLANNING PERMISSION) 

REFERENCE: 05/074/CP 

APPLICANT: MR. J GORDON, NETHERLEA, 
HEATHFIELD ROAD, GRANTOWN ON 
SPEY, PH26 3HY. 

DATE CALLED-IN: 25 FEBRUARY 2005 


Fig. 1 - Location Plan showing site of proposed new dwellinghouse west of Balmenach Road,
Cromdale.
(not available in full text format)


SITE DESCRIPTION AND PROPOSAL 

1. Outline planning permission is sought for the erection of a 1½ storey 
dwellinghouse and double garage on a site which is located on an area of 
agricultural land, a short distance to the south east of the main settlement 
area of Cromdale. The site of the new house is not contiguous with 
existing residential development, being approximately 50 metres from the 
nearest dwelling. The site rises significantly from the level of the public 
road in a westerly / south westerly direction. The land is currently used for 
arable purposes and is open and exposed. 

2. The proposed site area is located outside the 30 mph village speed limit 
zone in an area which is essentially open countryside. The front boundary 
of the proposed site consists of a wire fence, with a small grass margin 
outside of this adjacent to the carriageway of the public road. 


DEVELOPMENT PLAN CONTEXT 

3. Highland Structure Plan 2001 Policy H3 states that housing will 
generally be within existing and planned new settlements. New housing in 
the hinterland of towns, as defined in the Plan, will not be permitted unless 
it can be demonstrated that it is required for the management of land and 
related family purposes. Elsewhere, housing in the countryside of an 
appropriate location, scale, design and materials may be acceptable where 
it supports communities experiencing difficulty in maintaining population 
and services. Policy L4 Landscape Character, states that the Council 
will have regard to the desirability of maintaining and enhancing present 
landscape character in the consideration of development proposals. 
Policy G2 Design for Sustainability, lists a number of criteria on which 
proposed developments will be assessed. These include service provision 
(water and sewerage, drainage, roads, schools, electricity); accessibility by 
public transport, cycling, walking and car; energy efficiency in terms of 
location, layout and design (including the utilisation of renewable energy 
sources) and impacts on resources such as habitats, species, landscape, 
cultural heritage and scenery. 

4. Highland Council’s Development Plan Policy Guidelines (April 2003) 
provides more detailed guidance on the interpretation of specific policies 
contained in the 1997 Local Plan, in the light of the subsequently approved 
Structure Plan of 2001. This document states that new housing, within the 
hinterland of towns but in the open countryside outwith defined 
settlements, will be exceptional, and will only be permitted (in accordance 
with National guidance and the approved Structure Plan policy) where, 
amongst other specific circumstances, it is required for the management of 
land, or it is required for family purposes related to the management of 
land (retired farmers and their spouses). Outwith the hinterland of towns, 
where some housing development may be permitted to support the 
viability of rural communities, individual applications would be subject to 
other Structure Plan policies, in particular those aspects relating to 
infrastructure, siting and quality of design and materials. 

5. The Badenoch and Strathspey Local Plan (September 1997) – the 
proposed site is located on land which is allocated for “forestry / restraint” 
and where Policy 3.10.3 Development Restraint applies. It is the 
general policy that such lands will be safeguarded from development, 
unless essential for agricultural purposes, in the longer term development 
of the village, proper infrastructural provision and local amenity. 


CONSULTATIONS 

6. The Area Roads and Community Works Manager of Highland Council 
has stated that he is unable to recommend approval of the application, and 
refers in his report to the “less than satisfactory” condition of the public 
road fronting the plot and that fact that piecemeal development should 
therefore be discouraged. It is detailed in the report that any development 
in the area would necessitate significant road improvements, including 
positive drainage measures, the provision of a roadside footpath and 
parking bay along the frontage of the site, and an extension of the existing 
street lighting and 30mph speed limit speed restriction. 

7. Highland Council Planning Officers, under delegated powers, have 
stated that the proposed development is contrary to the Development 
Strategy for the village of Cromdale as contained in the current Badenoch 
and Strathspey Local Plan. Furthermore, the report also refers to the fact 
that the proposed development may be considered premature prior to the 
preparation of the Cairngorm National Park Authority’s Local Plan. 

8. The fact that the proposed development site is located on land which is 
between the existing settlement area of Cromdale and land to the south 
which is allocated in the current Local Plan for Business / Industry is also 
alluded to in the report. However, notwithstanding the fact that the 
proposed site may have been considered a “natural infill opportunity” had 
the Business / Industry land been developed, the final comments of the 
Highland Council refers to the prominent and exposed nature of land in the 
area and consequently the fact that the proposed development would be 
“visually intrusive”. 

9. Cromdale Community Council were notified of the application. No 
response has been received to date. 


REPRESENTATIONS 

10. The development proposal was advertised in a locally circulating 
newspaper on 24th February 2005. No representations have been 
received in connection with the proposed development. 


APPRAISAL 

11. The application as proposed, is for a new house within a field - almost 
surrounded by open agricultural land. It should be noted at this time that a 
further application has also been called in for determination by the 
Committee, where outline permission is being sought for the erection of a 
dwelling house on a portion of land within the same field, located in close 
proximity (but not adjacent) to the north west of the currently proposed 
development site (ref. no. 05/068/CP refers). What is presently a workable 
agricultural field, would become an area of agricultural land with awkward 
strips and corners for ploughing, spraying, cutting and/or harvesting 
around the proposed house site. Also in the event that planning 
permission was being considered for each of the currently proposed sites, 
a small and somewhat unusable portion of land would be created between 
the sites, which would appear to have no viable use. Neither of these 
factors represents ‘good planning’ in terms of locating a new development 
in the countryside, or on the edge of a small settlement. 

12. The applicant’s case for a house in the area was investigated through the 
issuing of a letter on 23rd March 2005 to ascertain whether or not the 
proposed development could be considered on the grounds of “operational 
need” i.e. required for the purposes of agriculture or another rural land use 
which requires on site provision of a dwelling house. In the event that 
such a case was being put forward by the applicant, the letter also advised 
that further details would be necessary in respect of the proposed siting, 
ground levels and finished floor levels, and access arrangements. 

13. In the course of a telephone conversation with the applicant, Mr. Gordon, 
on 29th March 2005, he stated that he intended to purchase the site to 
build a house to serve as his place of permanent residence. Mr. Gordon 
stated that although he was local to the general area, he was not involved 
in any agricultural practices or other forms of land management on the 
land on which the site is proposed, nor did he have ownership of the 
surrounding land. 

14. The Highland Structure Plan may permit housing in the countryside 
outside areas defined as “town hinterland” but only where there is 
compliance with other policies relating to infrastructure, siting and design. 
In this instance, as stated above, the siting is deemed unacceptable and to 
approve the development would set an undesirable precedent for other 
unplanned single houses on the edge of this settlement envelope. The 
proposed development essentially represents an ‘ad hoc’ housing 
application, and if granted would potentially invite even more speculative 
proposals in this area. In the event that a need for further housing land 
allocation is identified in the vicinity of the settlement of Cromdale / 
Balmenach, the Review of the Local Plan will provide the best opportunity 
to identify the best locations for any future new housing. The granting of 
planning permission for a residential development on the subject site at the 
present time would be premature and may be considered to prejudice the 
Local Plan preparation process. 

15. In addition to the concerns regarding the principle of development on the 
subject site, there are also more detailed planning concerns and 
inadequacies which must be taken into account in this assessment. The 
proposed development site is on land which is bare and exposed and 
which is lacking in natural vegetative screening. The development would 
thereby result in a structure which would be visually prominent and 
consequently injurious to the visual amenity of the area which is on the 
perimeter of a small rural settlement. 

16. As outlined in the consultee report from the Area Roads and Community 
Works section at Highland Council, there are also concerns regarding the 
condition of the public road fronting the proposed site, and the report also 
refers to the fact that significant road improvements would be required in 
the event that any development was to proceed in this location. In light of 
the existing infrastructural deficiencies and the fact that there are no 
proposals contained within the application for remedial works, it is 
considered that the development would have the potential to endanger 
public safety by reason of creating a traffic hazard due to the condition of 
the public road, the lack of a public footpath and lighting extending to the 
site, the potential loss of an informal vehicular parking area along the 
frontage of the field in which the site is proposed (which appears to be 
used by residents of existing properties in the vicinity), and also existing 
drainage problems along the south side of the public road fronting the site. 


IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

17. The proposed development is located on the perimeter of the small 
settlement of Cromdale, and essentially seeks to add a detached 
residential building in a sporadic manner, on agricultural land. It is 
considered that this would detract from the overall character and general 
landscape setting of the Balmenach Road approach to Cromdale. 

Promote Sustainable Use of Natural Resources 

18. The development proposals do not, at this stage, make any positive 
contribution to this aim. 

Promote Understanding and Enjoyment of the Area 

19. There are no positive or negative implications in terms of this aim. 

Promote Sustainable Economic and Social Development of the Area 

20. The proposed house has no functional relationship with the land in this 
locality, and this fact has been corroborated by the applicant, Mr. Gordon. 


RECOMMENDATION 

21. That Members of the Committee support a recommendation to: 
Refuse Outline Planning Permission for a New Dwellinghouse at West 
Balmenach, for the following reasons: 

i. That the proposal is contrary to the Highland Structure Plan (2001), 
Policy H3 (Housing in the Countryside), which aims to protect the 
countryside from sporadic, non essential housing development. The 
proposed development, if approved, would encourage other visible 
sporadic and unjustified developments on open land on the edge of this 
small rural settlement, all to the detriment of the character of the 
countryside and the amenity of this part of the National Park. 

ii. That the proposed development is contrary to the Badenoch and 
Strathspey Local Plan, 1997, Policy 3.10.3 covering Development 
Restraint areas, where it is the general policy that such lands adjoining 
Cromdale will be safeguarded from development, unless essential for 
agricultural purposes. The proposed development is not required for 
such purposes, and if approved would encourage sporadic linear 
development on the approach roads to rural settlements, all to the 
detriment of the character of the countryside and the amenity of this 
part of the National Park. 

iii. That the proposal is premature prior to the imminent publication of the 
Cairngorms National Park Local Plan Consultation Draft with particular 
regard to housing allocations on the perimeter of settlements and also 
housing in the countryside policy. 

iv. That the proposed development, which would be located in an elevated 
and exposed position within an open agricultural field, is considered to 
be detrimental to the visual amenity, quality and overall character of the 
local landscape. As such it would be contrary to Policy L4 (Landscape 
Character) and Policy G2 (Design for Sustainability) of the Highland 
Structure Plan (2001). 

v. That the proposed development would have the potential to endanger 
public safety by reason of a traffic hazard due to the substandard 
nature of the public road in the vicinity of the proposed site, the lack of 
public footpaths and lighting provision extending to the site, together 
with its proposed location outside the 30mph speed restriction zone, 
and the fact that the development would set a precedent for the 
creation of a multiplicity of vehicular entrances along this road. 

Mary Grier 
Planning Officer, Development Control 
4th April 2005 

planning@cairngorms.co.uk