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CAIRNGORMS NATIONAL PARK AUTHORITY 


MINUTES OF THE PLANNING COMMITTEE 
held at The Community Hall, Boat of Garten 
on 24th July 2009 at 10.30am 


PRESENT 

Peter Argyle 	Mary McCafferty 
Eric Baird 	Willie McKenna 
Stuart Black 	Eleanor Mackintosh 
Dave Fallows 	Ian Mackintosh 
David Green 	Anne MacLean 
Drew Hendry 	Alastair MacLennan 
Marcus Humphrey 	Richard Stroud 
Bob Kinnaird 	Susan Walker 

IN ATTENDANCE: 

Don McKee 	Andrew Tait 
Mary Grier 	Hilary MacBean 
Marie Duncan 

APOLOGIES: 

Geva Blackett 	Duncan Bryden 
Jaci Douglas 	Lucy Grant 
Fiona Murdoch 	Andrew Rafferty 
Gregor Rimell 


PAGE 2

AGENDA ITEMS 1 & 2: 
WELCOME AND APOLOGIES 

1. The Vice Convenor (David Green) advised Committee he was chairing the Planning 
Committee in the Convenors (Duncan Bryden) absence and that the meeting will be 
recorded for the purpose of ensuring we have an accurate minute. David Green 
welcomed all present including a new member of the planning team Mr Bill Stewart 
who is the Planning Manager for Development Management. 

2. David Green reminded Committee of the full agenda and he would endeavour to 
timetable the agenda where possible to try and guarantee the Dalfaber application 
(07/144/CP & 07/145/CP) would not take place before 13.00hrs. Members agreed to 
this. 

3. Apologies were received from the above Members. 


AGENDA ITEM 3: 
MINUTES & MATTERS ARISING FROM THE PREVIOUS MEETING 

4. The minutes of the previous meeting, 10th July 2009, held at the Village Hall, Braemar 
were approved. 

5. There were no matters arising. 


AGENDA ITEM 4: 
DECLARATION OF INTEREST BY MEMBERS ON ANY ITEMS APPEARING 
ON THE AGENDA 

6. Dave Fallows & Willie McKenna declared an interest in Planning Application No. 
09/228/CP. 

7. Marcus Humphrey declared an interest in Item No. 6 on the Agenda. 

8. Susan Walker declared an interest in Item No. 7 on the Agenda. 

9. Anne McLean declared an interest in Item No. 11 on the Agenda. 


AGENDA ITEM 5: 
PLANNING APPLICATION CALL-IN DECISIONS 
(Oral Presentation, Andrew Tait) 

10. 09/219/CP -No Call-in 
11. 09/220/CP -No Call-in 
12. 09/221/CP -No Call-in 
13. 09/222/CP -No Call-in 
14. 09/223/CP -No Call-in 

15. 09/224/CP -The decision was to call-in the application for the following reason : 

• The proposed development, although on land allocated in the Badenoch and 
Strathspey Local Plan for new development, is for housing in an elevated and partially 
wooded area. The development therefore raises issues in relation to the 
conservation and enhancement of the natural heritage of the area and social and 
economic development and the impacts on existing developments. As such the 
proposal is of general significance to the collective aims of the National Park. 


PAGE 3

16. 09/225/CP -The decision was to call-in the application for the following reason : 

• The proposal involves the erection of 4 dwellings in 2 blocks to the rear of a 
traditional property, which is a ‘C’ listed building. The proposal raises a range of 
issues with regard to tree retention, building design and cultural heritage. 
Consequently, the proposal is considered to raise issues of general significance for 
the collective aims of the Cairngorms National Park. 

17. 09/226/CP -No Call-in 
18. 09/227/CP - No Call-in 

Dave Fallows & Willie McKenna declared an interest and left the room. 

19. 09/228/CP - No Call-in 

Dave Fallows & Willie McKenna returned. 

20. 09/229/CP -No Call-in 
21. 09/230/CP -No Call-in 
22. 09/231/CP -No Call-in 

23. Andrew Tait (Planning Officer) advised members of a system error and that there 
isn’t an application 09/232/CP in the Call in report it should be 09/231/CP. 


COMMENTING ON APPLICATIONS NOT CALLED-IN BY THE COMMITTEE 

24. The Members wished to make comments to the Local Authorities on the following 
Planning Application No’s 09/221/CP, 09/222/CP & 09/228/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. 

Marcus Humphrey declared an interest and left the room. 


PAGE 4

AGENDA ITEM 6: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF 
CHEESEMAKING DAIRY& SITE TO THE SOUTH OF CRANNACH HOUSE, 
THE OLD SAWMILL, CAMBUS O MAY, BALLATER 
(PAPER 1) 

25. David Green advised members of an extra letter from Ballater & Vicinity Community 
Council which has been circulated. Members paused to read the letter. 

26. David Green informed members Mr Alex Reid (Applicant) was available to answer 
questions. The Committee agreed to the request. 

27. Andrew Tait (Planning Officer) presented a paper recommending that the Committee 
approve the application for the reasons stated in the report. 

28. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) The exact location of the loudspeaker in relation the river Dee and the Deeside 
Way. 
b) Clarification of the type of sales from the premises. 
c) The size of the car park and the level of car parking anticipated. 
d) Clarification of the access to be used for the house application. 
e) The possibility of sediment entering the burn and erosion. 
f) Clarification of the protection of the burn from Cattle. 
g) Modifying Condition 5. to reflect protection of the burn from approaching Cattle. 
h) Clarification of the number of cows before and after. 
i) Clarification if the application was SRDP (Scottish Rural & Development 
Programme) funded. 
j) Clarification if the water wheel will be used for power or as just a feature. 
k) Strengthening Condition 7. to add that no lights shall be installed and directed onto 
the Culsten Burn during construction. 

29. The Committee were invited to ask Mr Alex Reid (Applicant) points of clarification, 
the following were raised: 

a) Clarification of replacing the straw bales. 
b) Clarification on the size of the building in relation to number Cattle sheltered. 
c) Clarification of the wintering of the herd. 
d) The potential for further employment in future in relation to car parking capacity. 
e) Concerns on loudspeakers on non-visitors and the possibility to incorporate 
another means of translating the information. 

30. David Green thanked Mr Alex Reid. 

31. The Committee discussed the application and the following points were raised: 

a) Inclusion of Condition 19. regarding the site levels due to SEPA withdrawing their 
objection. 
b) Agreement to amend Condition 5. & 7. 
c) Consultation by Scottish Water prior to the decision notice being issued. 
d) The application as an excellent project, local product and example of what the 
CNPA are trying to promote. 
e) The issue of Planning Gain and the application. 

32. The Committee agreed to approve the application for the reasons stated in the 
report, the inclusion of Condition 19. Amendments to Condition 5 & 7 the provision 
of Planning Gain contribution to Aberdeenshire Council & the satisfactory 
consultation response from Scottish Water. 


PAGE 5

Marcus Humphrey returned 
Susan Walker declared an interest and left the room. 

AGENDA ITEM 7: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR RETENTION OF 
TIMBER BOTHY AT LAND 130M WEST OF CUCHANLUPE, STRAANRUIE 
WOOD, NETHYBRIDGE 
(PAPER 2) 

33. David Green advised members of an extra letter of support from Mr John Hay 
(Applicant) which has been circulated. Members paused to read the letter. 

34. Hilary MacBean informed Members that Mr John Hay (Applicant) had requested to 
address the Committee. 

35. Hilary MacBean (Planning Officer) presented a paper recommending that the 
Committee approve the application subject to the conditions stated in the report. 

36. Mr John Hay (Applicant) addressed the Committee. 

37. The Committee were invited to ask questions of the speaker, there were no 
questions. 

38. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) The issue of the time limit on the condition. 
b) The possibility of a review after the 10yrs time limit condition expires instead of 
submitting a full application. 

39. David Green thanked Mr Hay. 

40. The Committee discussed the application and the following points were raised: 

a) The risk of permanence and setting precedence. 
b) General support of the application. 
c) The definition of forestry bothy. 
d) The reasons for the reporter’s recommendation of 10yrs. 
e) Compromising with 15yrs to keep the principal of temporary position. 
f) Clarification on the start date of permission. 

41. The Committee agreed to approve the application subject to the conditions stated in 
the report including amending Condition 5. to 15yrs from the date of this planning 
permission. 

Susan Walker returned. 


AGENDA ITEM 8: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR INSTALLATION 
OF DOMESTIC MICRO-HYDRO TURBINE AND ASSOCIATED WORKS AT 
SITE NORTH WEST OF MILLTOWN, ALLARGUE ESTATE, CORGARFF, 
STRATHDON 
(PAPER 3) 

42. Hilary MacBean (Planning Officer) presented a paper recommending that the 
Committee approve the application subject to the conditions stated in the report. 


PAGE 6

43. Hilary MacBean advised members that SEPA is currently considering a license 
application under The Water Environment (Controlled Activities) (Scotland) 
Regulations 2005 (CAR License). SEPA have no objection to the planning application 
and are minded to grant the CAR license subject to resolving the design of the weir in 
relation to fish passage and consultations with SNH and the Don District Salmon 
Fisheries Board. 

44. Hilary MacBean advised members the CNPA Heritage and Land Management Group 
have since provided comments regarding survey work relating to water voles and 
otters requesting they are repeated if the development isn’t carried out within the 
next 12 months and additions to Condition 2. to cover further information 
concerning the construction of the access track and pipe runs. 

45. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification of the level of generation and connection to the houses. 
b) Clarification of the cables and level of excavation. 
c) Concerns on the process and the CNPA’s obligations. 
d) Concerns on the conflicts on aims and consultation responses. 
e) Clarification of PAN (Planning Advice Note) 51 in relation to the CAR licence. 

46. The Committee discussed the application and the following points were raised: 

a) The issue of the dual process on influencing the determining the planning 
application. 
b) Concerns with Condition 9. If the intake weir becomes disused and whether this 
will be included in the CAR license. 
c) The possibility of amending Condition 9. 
d) Amending Condition 4. to add ‘in consultation with SEPA’ at the end of the 
sentence. 
e) Clarification of the contents of the final CAR licence. 
f) The possibility of deferring the application so the CAR license may be reviewed 
before determination. 
g) Concerns the CAR license contain design changes which may have a visual impact on 
the development and its context in the landscape. 
h) Concerns with Paragraph 28, a lack of ecological information and the applicants 
admission that there would be an impact on migratory fish if the burn is altered. 
i) The comparison of the CNPA and local authorities when it comes to specifics within 
the CAR license and the responsibility of the CNPA in respect of Aim 1. 

47. The Committee agreed to defer the application and bring it back as soon as possible 
(August or September), and further coordination with and information on the CAR 
license is available. 


AGENDA ITEM 9: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR DEMOLITION OF 
EXISTING HOLIDAY HOMES AND ERECTION OF 6 HOLIDAY HOMES AT 
KEEPERS HOUSE, INVERESHIE, INSH 
(PAPER 4) 

48. Mary Grier (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to the conditions stated in the report. 

49. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 


PAGE 7

a) Clarification if Keepers Cottage will be retained. 
b) Clarification of the sewage treatment plant on Point 7. 
c) Clarification on the letting operator. 
d) The condition of the cottages as described on the website compared to within the 
report. 
e) Clarification of the cottages as a single entity and the potential separation from the 
rest of the estate. It was clarified that the recommended Condition No. 2 is 
consistent with conditions previously imposed on similar tourist accommodation 
proposals and would secure the retention of the development as a single entity 
operation, without the need for a Section 75 Legal Agreement. 
f) Consideration of bicycle storage, recycling facilities and renewable energy. 

50. The Committee discussed the application and the following points were raised: 

a) Requirement to provide a sustainability statement as a condition. 
b) Strengthening Condition 2 to include 2 months ‘per annum’ 
c) Clarification regarding Condition 5 a) and concede that tree root systems in vicinity 
could impact on drainage. 
d) Inclusion of a condition requiring photographic record of internal and external of 
existing buildings and then completed designs to use to encapsulate development 
progress on the site. 

51. The Committee agreed to approve the application subject to the conditions stated in 
the report and amending Condition 5 to ensure the drainage isn’t compromised, 
adding a condition to include a sustainability statement and a condition to include a 
photographic record. 

The Committee paused for lunch at 12.25hrs 
Peter Argyle left the meeting. 
The Committee reconvened at 13.15hrs 


AGENDA ITEM 10: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR INSTALLATION 
OF WATER TREATMENT WORKS BUILDING, ASOCIATED SITE WORKS 
AND CONSTRUCTION OF ACCESS ROAD AT LAND BETWEEN B9152 
AND RAILWAY LINE AT EASTER KINAKYLE, AVIEMORE 
(PAPER 5) 

52. David Green informed Members that Mr Tim Muir of Scottish Water Solutions 
(Agent) was available to answer questions. 

53. Mary Grier (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to the conditions stated in the report. 

54. The Committee discussed the application and the following points were raised: 

a) Clarification of roofing colour finish of the concrete tank. 
b) Clarification of the rendering on the concrete tank. 
c) Clarification of the proposed landscaping. 
d) Concerns regarding the cumulative impact. 
e) Clarification of the independence and interdependence of the proposal. 
f) Concerns on impact on the new proposed Speyside Way route. 
g) Inclusion of an advice note to considering the Speyside Way route. 


PAGE 8

55. There were no questions for Mr Muir and David Green thanked him for attending. 
56. The Committee agreed to approve the application subject to the conditions stated in 
the report and inclusion of an advice note regarding the Speyside Way route. 
Anne McLean declared an interest and left the room. 


PAGE 9

AGENDA ITEM 11: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR DEVELOPMENT 
OF SERVICED HOUSE PLOTS AT LAND NORTH WEST OF DALFABER 
FARM, DALFABER DRIVE & DEVELOPMENT OF HOUSES ON LAND 
NORTH WEST & SOUTH OF FORMER STEADINGS, DALFABER FARM, 
DALFABER, AVIEMORE 
(PAPER 6) 

57. David Green advised members of 2 extra letters of representation and that a colour 
version of the new site plan had been circulated. Members paused to read the letters. 

58. David Green informed Members that Jill Patterson of Halliday Fraser Munro (Agent), 
Mr Bill Loban of Dalfaber Action Group (Representee), Mrs Tessa Jones of Badenoch 
and Strathspey Conservation Group (Representee) and Mr John Grierson of 
Aviemore and Vicinity Community Council (Representee) had requested to address 
the Committee. The Committee agreed to the requests. 

59. Mary Grier (Planning Officer) informed members she would circulate A0 maps in 
order to see more detail. 

60. Mary Grier advised Committee of typing errors within the report and clarified that 
planning application 07/144/CP is an outline application for 10 serviced plots not 11 
and on 07/145/CP is an outline application for 83 units not 88. 

61. Mary Grier presented a paper recommending that the Committee approve the 
application subject to the conditions stated in the report and amendment to the 
recommended S.75 to require a development contribution towards level crossing 
crossroads. 

62. Ms Jill Patterson (Halliday Fraser Munro) addressed the Committee. 

63. The Committee were invited to ask questions of the speaker and the following points 
were raised: 

a) Clarification why applications were submitted. 
b) Clarification of elements of adopted road. 
c) Clarification on the adoptability of a single track road. 
d) Concerns on road maintenance especially in the winter if they weren’t adopted 
roads. 
e) Clarification on the Flood Risk and Spey Survey undertaken in the winter months. 

64. Mr Bill Loban (Dalfaber Action Group) then Mrs Tessa Jones (Badenoch & Strathspey 
Conservation Group) addressed the Committee. 

65. The Committee were invited to ask questions of the speakers and the following 
points were raised: 

a) Clarification of an acceptable level of development. 
b) Clarification of studies within the Natural Heritage report. 
c) Clarification if the Dalfaber Golf Course had submitted a letter of representation. 
d) Clarification on the position of the sewage pipe on the map. 

66. Mr John Grierson of Aviemore and Vicinity Community Council (Consultee) 
addressed the Committee 

67. The Committee were invited to ask questions of the speaker and the following points 
were raised: 

a) Clarification if the Community Council participates in the Highland Community 
Planning Forum. 

68. Mary Grier responded and the following points were raised: 


PAGE 10

a) Clarification of the situation regarding single track road adoption as detailed by the 
roads department. 
b) Clarification that the site layout plans are indicative. 
c) Clarification of the recommended reasons for refusal in the deferred reports in June 
2007. 
d) Clarification of the CNPA figures in the CNP Local Plan 1st & 2nd Mods. 
e) The compatibility of golf courses residential developments on adjacent lands. 
f) Numbers of terraced and semi detached houses to be seen in possible future 
detailed applications. 
g) Clarification of landscape impact on present outline application. 
h) Clarification that the sustainability statement is covered within the conditions and 
amendments to be made to ensure it covers the entire scheme. 
i) Clarification that a Habitats and Species survey was submitted with the application. 
j) Explanation of why two applications were dealt with in a combined report approach. 
k) Issues regarding the roundabout in the indicative site layout. 

69. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification of the 4 house rule. 
b) Adoptability of the roads. 
c) The extent of Flood Plain within the site layout and evacuation concerns. 
d) Issues regarding emergency routes and impact on emergency services. 
e) Clarification of the Ecology Survey. 
f) Clarification on the agreement by the applicant, CNPA and local authority for the 
Steam Railway Crossing works. 

70. Hamish Trench (Head of Heritage and Land Management) advised Committee of the 
findings from the survey and a site visit carried out by the ecology officer. 

71. The Committee discussed the application and the following points were raised: 

a) Concerns with building houses in the amenity woodland. 
b) Concerns with the potential loss of views from the golf course. 
c) The issue of density in particular near the golf course and in the amenity woodland. 
d) Concerns with the integrity of the golf course and its future advertising of the area. 
e) Concerns over losing green spaces and wildlife corridors. 
f) The impact on the golf course and returning users. 
g) The possibility of suggesting fewer houses in the applications. 
h) The consequences of refusing the application. 
i) Consideration of the community objections. 
j) Clarification of the reporter’s decision and maximum number of housing units 
permitted. 
k) Clarification of the appeal process and options available at this stage. 
l) The need for planting and screening on the periphery. 
m) Clarification of the number of the affordable housing and the locally marketed 
element. 
n) Clarification of the level of amenity woodland at Corrour Road. 

72. Susan Walker proposed a motion to approve the applications as recommended by 
the planner with an additional agreement of housing ‘up to’ 83 + 10 -conditions to 
maintain the wildlife corridor and amenity woodland and provide adequate screening 
and landscaping periphery to protect the scenic integrity of the site also omitting 
development from amenity woodland area at Corrour Road. This was seconded by 
Eric Baird. 


PAGE 11

73. Stuart Black proposed an amendment to defer the application for a total of 73 on 
both applications. This was seconded by Willie McKenna. 

74. The vote was as follows: 

75. 

MOTION 
Eric Baird 
Dave Fallows 
David Green 
Drew Hendry 
Marcus Humphrey 
Bob Kinnaird 
Mary McCafferty 
Eleanor Mackintosh 
Ian Mackintosh 
Alastair MacLennan 
Richard Stroud 
Susan Walker 
TOTAL 12

AMENDMENT 
Stuart Black
Willie McKenna 
TOTAL 2

ABSTAIN 
TOTAL  0 

76. The Committee agreed to approve the application in favour of the motion and for the 
reasons stated in the report (and the 2 new amendments to the report regarding the 
S.75 and the contribution to the Railway Crossing and the sustainability scheme.) 

77. David Green advised members that the amended conditions should be taken back to 
the next determination committee on 21st August 2009 for agreement. Members 
agreed. 

78. David Green thanked the speakers. 


AGENDA ITEM 12 
ANY OTHER BUSINESS 

79. Dave Fallows requested clarification regarding the accessing of Badenoch & 
Strathspey planning applications in public files as it was brought to his attention that 
they are only available in the Grantown on Spey and Ballater offices and therefore 
difficult for Highland residents to inspect. Don McKee advised Committee they will be 
available online in the future but in the meantime they are also available at the 
Highland Planning Office in Kingussie and arrangements made for plans to be issued at 
site close to someone’s home in special circumstances, this new information can be 
advertised to the public. 

80. Eleanor Mackintosh asked for assurance that application 09/190/CP for the Water 
Treatment Plant at Tomintoul will be determined soon due to more complaints 
within the community after having been issued with another notice to boil water 
before consumption. Don McKee informed committee it is due to be determined on 
the 21st August 09 Planning Committee. 

81. Mary Grier gave a short power point presentation advising members of a request for 
a non material variation at Invercauld Farm Steading site near Braemar on 6 of the 
dwellinghouses. Mary Grier advised that non material variations are normally dealt 


PAGE 12

with at an officer level but due to the level of community interest Committees 
approval is sought. Geva Blackett had already brought this matter to the attention of 
the Community Council. 

82. Mary Grier advised members a Granite finish was approved on the front elevation but 
due to increased cost and availability a change to a traditional harled finish is 
requested. 

83. Don McKee suggested that a report be presented to members and brought to back 
to Committee for consideration after talking with the Braemar and Vicinity 
Community Council. 


AGENDA ITEM 13 
DATE OF NEXT MEETING 

84. Friday 10.30am 7th August 2009 at Glenmore Lodge, Glenmore. 

85. Committee Members are requested to ensure that any Apologies for this meeting are 
submitted to the Planning Office in Ballater. 

86. The meeting concluded at 15.30hrs.