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CAIRNGORMS NATIONAL PARK AUTHORITY

Title: REPORT ON CALLED-IN PLANNING APPLICATION
Prepared by: ANDREW TAIT , PLANNING OFFICER
			   (DEVELOPMENT MANAGEMENT)
DEVELOPMENT PROPOSED: 	ERECTION OF DWELLING HOUSE
			AND GARAGE (INCORPORATING
			ORIGINAL SAWMILL STRUCTURE)
			(FULL PLANNING PERMISSION) SITE
			TO SE OF CRANNACH HOUSE,
			CAMBUS O MAY
REFERENCE: 		08/359/CP
APPLICANT: 		MR ALEXANDER REID
DATE CALLED-IN: 	31 OCTOBER 2008
RECOMMENDATION: 	APPROVAL SUBJECT TO SECTION 75
			AGREEMENT AND CONDITIONS


NOTE: The section below is made up of or includes images which cannot be 
converted to text. Please see original PDF for reference. 

Fig. 1 - Location Plan

SITE DESCRIPTION AND PROPOSAL

1. This site lies on the south side of the A93 at Cambus O May opposite a bus stop
at the entrance to the Forestry Commission car park ( figs 1 & 2). An existing
little used access leaves the A93 and descends down to a former sawmill and
piggery where a large single dwelling is proposed on what is effectively a
brownfield site. Lying between the A93/Deeside Way and the River Dee the site
forms part of a wider area used for sawmill activities adjacent an area to the west
where the CNPA granted planning permission for a cheese making dairy in 2009
(see fig 9) which is yet to be constructed. The site for the house is set down
below the road level in front of the Culsten Burn and would effectively be set
into an embankment.

2. The general character of the site is regenerating birch woodland that has not
been subject to recent management. The wider area includes a number of
remains of the former sawmill as well as a scattering of machinery. The site for
the house itself includes a stone built section of the old sawmill with a more
modern addition to the west that has been used as a piggery. An old mill lade
runs down the side of the buildings and was presumably used to power the
sawmill. Part of the house would be sited on an open area immediately to the
east of the existing buildings. The stone built former boiler house (fig. 6) of the
sawmill would be incorporated into the new house.

NOTE: The section below is made up of or includes images which cannot be 
converted to text. Please see original PDF for reference. 

Fig. 2-Site entrance on opposite side of road from bus stop
Fig. 3- Site entrance crossing Deeside Way
Fig.4- Site access track
Fig. 5- Former sawmill, site for house in foreground
Fig. 6- Boiler house (to be retained) with former piggery to left
Fig.7 ÐPiggery building to be removed
Fig.8 Ð View of site looking south over buildings towards River Dee

3. The access to the site would be direct from the A 93 crossing the Deeside Way
(see figs 3 & 9 layout).

4. A number of trees would be removed to accommodate the development and
while no formal Environmental Impact Assessment is required the applicant has
produced an Environmental Assessment Report to support the application given
the proximity of the River Dee Special Area of Conservation (SAC).
Consideration has been given to otter, freshwater pearl mussels and salmon as
the qualifying interests of the River Dee SAC. The report also covers such issues
as woodland management, impact and mitigation upon the SAC and landscape.
While a number of birch trees are to be lost additional planting of well over 200
trees is proposed for this application, the neighbouring approved dairy site and
the surrounding area.

5. The proposal has been submitted with a full range of supporting information
including business plan that related to the dairy business, site investigation report
flood risk assessment and supporting planning report.

6. The house is intended for the applicant from where he would run the cheese
making dairy. The house would also be used for marketing and entertaining
visiting clients.

NOTE: The section below is made up of or includes images which cannot be 
converted to text. Please see original PDF for reference. 

Fig.9- Site Layout showing approved dairy (left) and proposed house
Fig.10 3-D drawing of proposed house, incorporating boiler house
Fig. 11- Site and Floor Plan

7. A contemporary design is proposed for the house which would be constructed in
a range of materials including re-used stone, timber and significant elements of
south facing glazing (see fig 10). The front glazed elevation faces south and the
rear elevation facing the Deeside Way and A93 would be set into an
embankment. The roof is designed as a green roof to minimise any visual impact
from the A93 and Deeside Way.

8. Accommodation is spread over two floors with a total of three bedrooms and a
range of ancillary facilities including games room, gym, changing rooms and a
swimming pool as well as the normal facilities of kitchen, dining room etcÉ The
stone two storey section of the sawmill will be retained as a centrepiece of the
new build being used to house a woodchip boiler system. The south east corner
of the proposed house at its highest point includes a viewing gallery in the form
of a tower. The detailed siting for the house has changed slightly during the
planning process to ensure that the floor levels are above levels of potential flood
risk.

DEVELOPMENT PLAN CONTEXT

National Guidance

9. Scottish Planning Policy (2010) contains a range of relevant guidance with
relevance to the proposal With regard to Development Management SPP
emphasises that development management is a key part of the planning system
and should operate in support of the Scottish GovernmentÕs central purpose of
increasing sustainable economic growth. Under ÔHousingÕ from paragraph 66
onwards the guidance notes that the Scottish Government is committed to
increasing the supply of new homes and that the planning system should
contribute to raising the rate of new housebuilding. The planning system should
enable the development of well designed, energy efficient and good quality
housing in sustainable locations. In terms of the location and design of new
development the guidance notes that the siting and design of new housing should
take account of its setting, the surrounding landscape, topography, character,
appearance, ecologies and the scope for using local materials.

10. Para 80 notes that redevelopment of urban and rural brownfield sites is preferred
to development on greenfield sites at para 84 the guidance notes that the
majority of housing requirements will be met within or adjacent existing
settlements. Authorities should also set out circumstances in which new housing
outside settlements may be appropriate.

11. Under paragraph 92 Rural Development the SPP notes that the planning system
has a significant role in supporting sustainable economic growth in rural areas.
The guidance notes that development plans should support more opportunities
for small scale housing development in all rural areas, including new clusters and
groups, replacement housing, plots on which to build individually designed
houses, holiday homes and new build or conversion housing which is linked to
rural business or would support the formation of new businesses by providing
funding. Opportunities to replace run down housing and steadings, and to
provide limited new housing along with converted rehabilitated buildings should
be supported where the new development is designed to fit in with the landscape
setting and will result in a cohesive grouping. Modernisation and steading
conversion should not be constrained within the original footprint or height limit
unless there are compelling design or conservation reasons for doing so.

12. Under Landscape and Natural Heritage para 125 considers ScotlandÕs landscape
and natural heritage as being internationally renowned and important,
underpinning significant industries such as the food, drink and tourism industries,
which are a key component of the high environmental quality. Planning
authorities should take a broader approach to landscape and natural heritage
taking into account ecosystems and natural processes. Sites designated as SACÕs
are among an EU suite of sites designated for their conservation importance.
Planning authorities should apply the precautionary principle where the impacts
of a proposed development on nationally or internationally significant landscape
or natural heritage resources are uncertain.
Aberdeenshire Local Plan June 2006 contains a range of relevant policies.

13. Policy Env 1 relates to International Nature Conservation Sites (of which the
Dee SAC is one). The policy considers that development likely to have a
significant impact on a site designated or proposed under the habitats or birds
directive and not directly connected with or necessary to the conservation
management of the site, must be the subject of an appropriate assessment for the
implications for the siteÕs conservation objectives. It will then only be permitted
where the assessment indicates that: it will not adversely affect the integrity of
the site; OR there are no alternative solutions; AND there are imperative
reasons of over-riding public interest, including those of a social or economic
nature. Where development is allowed which could affect any of these
designated sites, including beyond their boundaries, the developer must
demonstrate that adequate measures will be taken to conserve and enhance the
siteÕs ecological, geological or geomorphological interest.

14. Policy Gen\1 Sustainability Principles considers that development will be
assessed against sustainability indicators and seeks demonstration from proposals
that they are concerned with the long term sustainable use and management of
land, well related to existing settlements, reduce the need to travel in private
cars, protects and enhances any valuable natural resources, does not damage
cultural heritage resources, does not impact negatively on the character of the
area, is efficient in terms of energy use, does not prejudice future development
patterns, reduces the production of waste.

15. Policy Gen\2 Layout Siting and Design of New Development considers
that new development will be approved in principle if: a) it can be laid out
successfully into the site; b) its scale massing density are appropriate; c) it
respects existing natural and built features; d) it respects the characteristics of
the landscape; e) it has an environmentally friendly layout; f) respects important
public views.

16. Policy Hou\4 New Housing in the Countryside Part 1 Erection of New
Housing considers that the erection of new housing in the countryside will be
approved in principle IF: a) it is for a full time worker in an enterprise which itself
is appropriate to the countryside; b) the presence of that worker on-site is
essential to the efficient operation of the enterprise; c) there is no suitable
alternative residential accommodation available; d) the proposed house is within
the immediate vicinity of the workers place of employment; AND e) it conforms
with appendix 1.

Cairngorms National Park Plan 2007

17. The Cairngorms National Park Plan includes strategic objectives under
conserving and enhancing which seek to ensure that distinctive landscapes across
the park are maintained and enhanced and that development complements and
enhances the landscape character of the Park. Objectives also seek to conserve
the condition and diversity of habitats and species present throughout the Park
through a landscape approach to habitat networks; to ensure that all designated
nature conservation sites are in favourable condition; and to ensure populations
of species given special protection under nature conservation legislation are
stable or increasing Strategic objectives for economy and employment include
objective a) which seeks to create conditions conducive to business growth and
investment that are consistent with the special qualities of the Park. On housing
objective c) seeks to improve the physical quality, energy efficiency and
sustainable design of housing.

Cairngorms National Park Local Plan Post Inquiry Modifications May 2010
(NOTE: While not yet adopted the policies of the plan are a significant
material consideration in determining proposals)

18. Policy 1 Natura 2000 sites considers that development likely to have a
significant effect on a Natura 2000 site will be subject to an appropriate
assessment. Policy 2 National National Heritage Designations considers
that development that would adversely affect the National Park will only be
permitted where it has been demonstrated that: b) the objectives of designation
and the overall integrity of the designated area would not be compromised and
b) any significant adverse effects on the qualities for which the area has been
designated are clearly outweighed by social or economic benefits of national
importance and that mitigation is provided.

19. Policy 4 Protected Species considers that development that would have an
adverse effect on any European Protected Species will not be permitted unless
there are public health, public safety or other imperative public interest reasons
and there is no alternative satisfactory solution and that the development will not
be detrimental to the maintenance of the population of that species concerned.

20. Policy 5 Biodiversity considers that development that would have an adverse
effect on habitats or species identified in the Cairngorms Local Biodiversity
Action Plan , UK Plan, or Scottish Biodiversity list will only be permitted where
the developer can demonstrate to the satisfaction of the planning authority that
the need and justification for the development outweighs the contribution of the
area of habitat or species and that significant harm to the ecological integrity of
the habitat or species is avoided, minimised or where unavoidable compensatory
and/or management measures are provided.

21. Policy 6 Landscape considers that there will be a presumption against any
development that does not complement and enhance the landscape character of
the Park, and in particular the setting of the proposed development. Proposed
development that does not complement and enhance will only be permitted
where any significant adverse effects are clearly outweighed by social or
economic benefits of national importance and all the adverse effects on the
setting of the proposed development have been minimised and mitigated through
appropriate siting layout etcÉ

22. Policy 8 Archaeology considers that there will be a presumption in favour of
preserving in situ Scheduled Ancient Monuments and other identified nationally
and regionally important archaeological resources, and within an appropriate
setting.

23. Policy 11 The Local and Wider Cultural Heritage of the Park considers
that there will be a presumption against development that does not protect or
conserve and enhance a site, feature, or use of land of local or wider or cultural
historic significance or its setting.

24. Policy 12 Water Resources considers that there will be a presumption against
development which does not meet criteria to minimise the use of abstracted
water, does not result in deterioration of current ecological status, treats surface
water in accordance with SUDS Manual requirements has no significant adverse
impact upon existing water and wastewater supplies. The policy notes that in
relation to flooding there will be a presumption against development that does
not meet the following criteria: is free from significant risk of flooding; not
increase flooding elsewhere, not add to the area of land that requires flood
prevention measures, does not affect the functional flood plain.

25. Policy 22 Housing Developments Outside Settlements notes that
developments of housing outside of settlements will be permitted where: a) the
accommodation is for a worker in an occupation appropriate to the rural
location: and Ðthe presence of the worker on site is essential in order to provide

24 hour supervision of the rural business: and Ðthere is no suitable alternative
residential accommodation available including re-use and conversion of other
buildings on site: and the proposed dwelling is within the immediate vicinity of
the workers place of employment: or b) The dwelling is for a retiring farmer of
crofter, on land managed by them for at least the previous 10 years or for a
person retiring from other rural business, where their previous accommodation
is required for the new main operator of the farm, croft or rural business.
Where relevant such proposals will be secured through planning condition or
legal agreement; or c) the development is sited on rural brownfield land.

CONSULTATIONS

26. Scottish Natural Heritage (SNH) has considered the proposal in detail.
SNH objects to the proposal because of the potential for siltation to enter the
Culsten Burn and be washed into the River Dee (SAC). The burn forms part of
the River Dee designated for its populations of Atlantic salmon, freshwater pearl
mussel and otter. The objection can be considered removed provided all works
are carried out in accordance with a method statement designed to prevent any
silt entering the adjacent watercourse during construction and that no works
take place 2 hours before or after dawn/dusk or during the hours of darkness to
prevent potential for disturbance to otter.

27. SNH was subsequently consulted on proposals to reinstate a water wheel on
the mill lade to provide electricity to the house. SNH objected to this element
because of concerns about the effects of the proposal upon freshwater pearl
mussel and salmon par. SNH concluded that this element of the proposal would
be likely to result in a significant effect upon the qualifying interests of the River
Dee and an appropriate assessment would be required once the applicant
submits the relevant surveys of the burn.

28. SNH provided further advice on the woodland assessment and management
proposals. A number of birch and sycamore trees are to be felled which would
have an impact upon the landscape. However, a selection of native species is
proposed to be planted to create woodland glades. SNH would recommend that
the planting plan includes wych elm which is a locally important biodiversity
action plan species. SNH endorse the retention of fallen trees and deadwood as
outlined in the Environmental Assessment.

29. SNH recommend that tree felling where trees may contain nests is carried out
outside of the bird breeding season (1 March-31 August) and that this is made a
condition of planning consent.

30. SEPA has commented with regard to the flood risk assessment provided. SEPA
has objected to the proposal based on the flood risk assessment due to lack of
certain information contained within it. Specific information was sought with
regard to the flow estimates for the Culsten Burn and that all cross sectional
extracts used in the hydraulic model are supplied. The Revised Flood Risk
Assessment together with amended site plans have enabled SEPA to remove its
objection subject to a planning condition which requires that finished floor levels
of the new development are set no lower than 188.0AOD.

31. Aberdeenshire Council Flood Prevention Unit note that the applicant has
provided a comprehensive flood risk assessment (FRA) and are pleased to see
that a range of sensitivity analyses have been carried out on the model. The
revised flood risk assessment is considered acceptable providing that finished
floor levels are not below 187.5 AOD. A statement on who will be responsible
for surface water drainage infrastructure will be required.

32. Aberdeenshire Council Environmental Health has no objection to the
proposal.

33. Aberdeenshire Council Archaeology has no objection subject to a planning
condition requiring a standing buildings survey.

34. Aberdeenshire Council Contaminated Land note that the site is within the
boundary of a former sawmill. A phase II site investigation report has been
requested and has been carried out. Final comments awaited and will be reported
at the meeting.

35. Aberdeenshire Council Roads has no objection to the application subject to a
conditions covering: max gradient of 1 in 20 for first 5 metres edge of public
road, access not to be surfaced with loose material for at least the first 11
metres. Half barriers to be erected on the Deeside Way, off street parking for 2
cars and visibility splays measuring 2.4 by 215 metres to be formed either side of
the vehicular access.

36. Aberdeenshire Council Planning Gain Co-ordinator has negotiated a
planning contribution towards public art and affordable housing. This will be
likely to be received by upfront payment prior to any decision notice being
despatched. Otherwise a Section 75 Agreement would be required to cover the
payment.

37. CNPA Heritage and Land Management (Ecology) Care should be taken
to avoid the introduction of non-native species to the site. It is recommended
that the applicant considers the potential for incorporating nesting opportunities
for bats, swifts, house martins and barn owls. The planting plan should include
trees such as sessile oak, hazel and aspen and wych elm. All species must be of
local origin. With regard to the reed bed system it is essential that aquatic or
marginal plant species are appropriate to the area and sourced from a reputable
supplier. The ponds must be designed so that water does not flow directly from
these areas into the mill lade or burn. A method statement should be required
for these features including any scenario with regard to flooding of the beds. The
beds should not be stocked with fish. Concerns are raised regarding potential
impacts from the mill lade if it is to be reinstated to provide power in that it
could have negative impacts upon the SAC.

38. CNPA Heritage and Land Management (Landscape) Comments that the
green roof should not be purely sedum, such planting is not appropriate for this
area. A grass roof reflecting the vegetation of the area would be more
appropriate and have biodiversity benefits. A full planting plan will be required
including planting locations, densities and size of trees and shrubs as well as
maintenance specifications. Aspen should form a significant element of the
planting mix. All trees within the development area, marked for retention,
should be fully protected and any works under the canopies of the trees should
be carried out in accordance with British Standards.

39. Ballater and Crathie Community Council made a range of comments with
regard to the dairy proposal. This response raised one point with regard to the
house which considers that the plans are not clear with regard to the water
wheel and whether it is to be turned by water from the burn to the old mill lade.
This could also affect water-flow for salmon and supplies for cattle, no flow
quantities are provided in the papers. Reference is also made to the cultural
history of the old sawmill. Letters are attached at the back of the report.

APPRAISAL

40. This appraisal section of the report will first consider the principles of the
development proposed and how it ÔfitsÕ with planning policy and the aims of the
Cairngorms National Park. Subsequently, natural and cultural heritage issues will
be considered followed by more detailed design, access and technical issues such
as flood risk highways and drainage.

Principle

41. The proposal has been submitted after pre-application discussions with
Aberdeenshire Council and the CNPA. The house is proposed for the
owner/operator of a cheese dairy which currently operates from Craigmyle at
Torphins. The CNPA granted permission for a dairy adjacent to this site in 2009
which is not yet constructed. The house proposed here is intended for the
owner/operator of the dairy. A range of information is provided with this
application and the proposal for the dairy was found to have a robust business
plan. Indeed, the current operation at Torphins is beyond capacity hence the new
business premises being sought. This application for a house is based upon the
need for the operator to be close to the site and carry out 24 hour supervision
of the business and the dairy herd which will provide milk for the longer
maturing, more specialised cheeses. A letter is attached at the back of the report
setting out the need for the house in this location and the operational
requirements of the dairy which result in the need for the owner/operator to live
nearby.

42. The key planning policy test is whether the proposal meets the detailed
requirements of Aberdeenshire Local Plan Policy Hou\4 ÒEmployment
Development in the CountrysideÓ and the spirit of SPP15 which provides general
guidance on rural development. The scheme must also accord with the principles
of the Cairngorms National Park Plan. Importantly, the Cairngorms National
Park Local Plan Post Inquiry Modifications are now a key material consideration
as this document represents the CNPAÕs own latest thinking on planning policy
with regard to housing in the countryside.

43. The general strategy of the Aberdeenshire Local Plan is to meet housing needs
within settlements or on sites allocated for housing on the edge of settlements.
However, policy Hou\4 New Housing in the Countryside exists with the
recognition that there can be specific agricultural or business needs for a rural
house location. Housing will normally only be approved if it is for a full time
worker in an enterprise appropriate to the countryside and that the presence of
that worker is essential on site for the operation of the enterprise. While the
proposal involves an element of conversion (boiler house) the majority
represents new build so it must be considered under the terms of this policy.
There would appear to be a need for a worker on or close to the site due to the
heavily temperature and atmospheric control measures required for cheese
production. In addition, a small herd of cows will be managed adjacent to the
site. Currently, the applicant is not running the cheese operation on a day to day
basis but employs staff to do so. However, it is understood that once the new
dairy is constructed the applicant will be the main operator of the business on a
day to day basis. The proposal is slightly unusual in that some planning
authorities would require the business to be up and running for a period of time
before a house can be justified. However, it is clear that the business is up and
running and successful but just not from the adjacent site proposed for the dairy.
In any case, while it may be the practice to wait until a business is running for a
period of time before granting permission for associated housing, the
Aberdeenshire policy does not strictly require this so it cannot be insisted upon.

44. Scottish Planning Policy 15 Rural Development has been superseded by a single
consolidated Scottish Planning Policy document. Both of these documents
steered planning authorities to a more relaxed approach to housing in rural
areas, particularly where it is associated with business proposals as is the case
here. This is seen as contributing to the Scottish GovernmentÕs central purpose
of sustainable economic growth. The proposal clearly complies with this
guidance.

45. The CNPA Local Plan is now an important consideration in the determination of
such a proposal and embodies the aims of the National Park and the Strategic
Objectives of the Park Plan. Policy 22 Housing Outside Settlements includes
similar criteria to that of the Aberdeenshire Local Plan. However, there is one
key difference in that criteria c) of the CNPA Plan recognises that new housing
development outside of settlements on brownfield land can be considered
supportable. The site is clearly a brown field site having a former industrial use,
being vacant and being in an untidy state. This criteria of the policy complies with
Scottish Planning Policy which places an emphasis upon the redevelopment of
brownfield land in rural areas.

46. The above analysis leaves a dilemma in planning terms not about whether the
proposed house is supportable but whether that support should be restricted by
tying the proposed house to the dairy business. The Aberdeenshire policy
approach would provide some justification for this. However, if the proposal was
granted on the basis of the brownfield land argument under the CNP Local Plan
there would be no justification for tying the house to the dairy. In this case, it is
recommended that the house is tied to the approved dairy business. The key
reason for this is that despite the brownfield argument the proposal for this
house has been presented under the terms of a business case justification and a
need for the applicant to be at the site. While there is no suggestion that this
would happen there is potential that the dairy and the house could be built then
the house sold off resulting in the need for another house at the site from which
to operate the dairy. The wider area is birch woodland which the applicant has
undertaken as part of these planning proposals to positively manage for
conservation purposes. Because of these natural heritage constraints there is
little room at the dairy or adjacent for any future house proposal that would not
be detrimental to the conservation management of woodland. Because of this,
the house should be tied to the business in this instance by Section 75 legal
agreement. To show that there is a clear commitment to the business
progressing on this site an element of this agreement would require that the
dairy is constructed prior to commencement of works on the house. The
applicant has agreed to this approach and is clearly in need of new business
premises because of the production pressures at the Torphins site.

Natural and Cultural Heritage

47. While the site itself is not covered by any natural heritage designations the edge
of the site is approximately 10 metres from the River Dee Special Area of
Conservation (SAC) at the Culsten Burn. Scottish Natural Heritage provides
statutory advice on this and considers that the proposal has potential for
significant impacts upon otter, freshwater pearl mussel and Atlantic salmon. This
results in an objection from SNH. However, it is pointed out that providing the
recommended mitigation in the form of a construction method statement and
limiting hours of construction are applied to any consent by planning conditions
then this objection can be considered removed as the proposal would not be
likely to result in any significant effects upon the interests of the SAC. One key
area of concern for SNH related to the use of the mill lade for a water wheel to
provide power for the house. This resulted in further objection from SNH and
concerns from the CNPA Ecologist and the Community Council. SNH
considered that taking water into the lade (from the Culsten Burn) which is
currently dry could have an effect upon salmon reds and fresh water pearl
mussel. Further surveys would be required as well as an appropriate assessment.
Because of these concerns the plans to re use the mill lade for hydro power have
been shelved and are no longer part of the proposal. The recommendations of
SNH have been incorporated at the end of the report so the objection can be
considered as removed. This ensures that the proposal complies with Policy
Env\1 International Conservation Sites of the Aberdeenshire Local Plan and Policy
1 Natura Sites of the CNP Plan.

48. Advice on other natural heritage issues is supplied by the CNPA Heritage and
Land Management Group. While there is no objection, there is some concern
about tree loss, subsequent landscape impact and the exact species proposed for
planting. There will be some tree loss. However, the proposal comes with a
landscape and woodland management plan. There is some concern from both
CNPA and SNH advisors that additional species of aspen, wych elm and sessile
oak should be included in the planting plan and that details should be provided of
the locations densities and size of trees to be planted. Protection measures for
existing trees during construction will need to be set out. These are all
reasonable requests that can be dealt with by planning conditions attached at the
end of the report.

49. Requests have been made by the CNPA Ecologist regarding the potential of the
proposal to increase biodiversity and planning conditions are attached to seek
provision of additional nesting/roosting opportunities within the design of the
building.

50. There are important cultural heritage aspects to this site that have recently been
referenced in a book on local history. The mill formerly manufactured bobbins
made of birch, a tree which is abundant around the site. However, the industry
collapsed when bobbins started to be made of plastic. The majority of the
buildings have been removed or altered and a later piggery building is evident to
the west of the mill area. However, the key stone built element which was the
boiler house with chimney is retained by the proposal and will effectively be used
as a modern boiler house for a new wood chip boiler. Aberdeenshire Council
Archaeologist has asked for a survey of any buildings to be removed and this is
covered by planning condition. Given the cultural heritage interest at the site a
planning conditions requires interpretation of the former use of the area. This
interpretation could easily be located close to the Deeside Way.

Design and Access

51. The design of the house incorporates the old boiler house and involves the
demolition of the later piggery buildings. Overall, the design is considered to be
of a very high quality that has been carefully designed with the site in mind. The
building is set into an embankment which limits visibility from the A93 or the
Deeside Way. A green roof is proposed which should further help the house to
blend into the landscape. The south facing elevation is heavily glazed to take
good advantage of available solar gain. The material for the dwelling will be a
combination of granite, re-used from the site where possible with untreated
timber boarding.

Technical Issues

52. The application raises a number of technical issues, the key one relating to flood
risk. SEPA requested a Flood Risk Assessment (FRA) and this was supplied to
both SEPA and Aberdeenshire Council Flood Prevention Unit. While generally
satisfied with the findings of the FRA both bodies sought further information
regarding the methodologies behind the FRA. An amended FRA was provided
and SEPA and Aberdeenshire Council are happy with this provided a condition
requires that finished floor levels are not below 188.0 AOD (N). A statement on
who would be responsible for the SUDS system is also required by planning
condition.

53. Aberdeenshire Council Roads have no objection to the proposal provided that
suggested conditions are met. An element of the visibility splay requirements is
on land outside of the ownership of the applicant. However, letters have been
received from the neighbouring landowner stating that they are happy for the
splays to be formed and maintained over land in their ownership.

54. Foul drainage is to be to a package treatment plant then to a reed bed system, a
sustainable form of drainage that is encouraged by SEPA. Surface water drainage
will be to soakaways. Water will be sourced from the public supply. There are
no objections from any of the relevant agencies about these proposed
arrangements.

55. A phase 2 contamination survey has been carried out by the applicant that
includes measures to deal with contamination at the site. A final response is
awaited from the CouncilÕs Contamination Unit and an update will be provided at
the meeting.

Conclusion

56. The application is considered an innovative and positive proposal which meets
planning policy and the aims of the National Park by providing an interesting
modern design solution while retaining the key cultural heritage feature on the
site in the form of the old engine house. The new house will enable the applicant
to run the nearby proposed dairy business and elements of the planning
agreement will ensure that this is constructed prior to the house to illustrate the
clear commitment to the dairy business.

IMPLICATIONS FOR THE AIMS OF THE PARK

Conserve and Enhance the Natural and Cultural Heritage of the Area

57. The proposal has been submitted with a range of environmental information
including woodland management plans and a site investigation report. The
proposal has been carefully assessed and there are no significant effects upon
natural or cultural heritage. SNH have assessed the implications of the proposal
for the River Dee SAC and these are found to be acceptable subject to planning
conditions. There will be some loss of trees but a number of replacements of
native origin are proposed, some additional species have been recommended and
this will be reflected in planning conditions. The proposal may have potential to
provide nesting/roosting opportunities for a number of species. In terms of
cultural heritage the old boiler house and chimney will be retained as part of the
design of the house and. The latest proposals to address the concerns about
potential flooding have resulted in a design solution which gives a greater level of
separation to the old boiler house than was previously the case.

Promote Sustainable Use of Natural Resources

58. The proposal results in a strong connection between local land use and what will
be marketed as a local food product with the house being intended for the
applicant as manager of the dairy. The house provides an innovative design
solution based upon sustainability. The house was to be powered by a small scale
hydro scheme by reinstating the mill lade. However, this became complicated
because of concerns about natural heritage issues. However, a small hydro
scheme is a proposal that the applicant may come back to in the future if
permission is granted for the house. The house will be heated by a wood chip
boiler, located in the old boiler house. The site is close to a bus stop on the A93.

Promote Understanding and Enjoyment

59. The site is adjacent to the Deeside Way which is a well known recreational route
used by residents and tourists. The building has been carefully designed to limit
visibility from this route including the provision of a green roof.

Promote Sustainable Economic and Social Development

60. The house is intended to enable effective management of the neighbouring dairy.
The provision of the house will help in the management of the dairy which in turn
has a strong synergy with the adjacent Crannach Bakery and the new smokery at
Dinnet. The combination of these businesses and their interactions will
emphasise local food production and consumption in the Park.

RECOMMENDATION

61. That the Planning Committee support a recommendation to GRANT Full
Planning Permission for the erection of a house, site to the south east of
Crannach House, The Old Sawmill, Cambus O May, Ballater subject to the
following:

A. Section 75 Agreement to tie house to business, not to be sold
separately, occupant to be mainly or solely employed in dairy
business and dairy to be completed prior to work commencing on
house proposed by this application.

B. Financial contribution to affordable housing and public art.

C. Final response from Aberdeenshire Council Contaminated Land
Unit.

D. The following conditions.

1. The development to which this permission relates must be begun
within three years from the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act

2. Prior to the commencement of the development hereby approved a
landscaping scheme shall be submitted to and approved in writing by
the CNPA acting as planning authority; such a scheme to include
protection measures for all trees to be retained and the planting of
native species of where possible local origin. Species shall include
wych elm, sessile oak and aspen in addition to those indicated by the
woodland management plan accompanying the application. The
proposed woodland management and landscaping shall be carried
out in the first planting season (November-March) after the
completion of the development unless otherwise agreed in writing
by the CNPA acting as planning authority and shall be maintained
for a period of 5 years. Any trees or other plants which die during
this period shall be replaced during the next planting season with
specimens of the same size and species unless otherwise agreed in
writing with the CNPA acting as planning authority.

Reason: To ensure that the development is satisfactorily landscaped and assimilated into
its surroundings.

3. Prior to the commencement of above ground construction works
samples of external timber, window frame, roofing and external wall
materials shall be submitted to and approved by the CNPA acting as
planning authority. As part of this condition a detailed specification
for the green roof shall be submitted to and approved by the CNPA.

Reason: To ensure that the detailed finishing materials are appropriate for the building
and its setting.

4. No part of the development hereby approved shall be brought into
use until a detailed plan indicating methods and location of all
surface water and foul drainage infrastructures (including who will be
responsible for maintenance) has been submitted to and approved
by the CNPA acting as planning authority. The measures shall be in
place prior to the development first being brought into use.

Reason: To ensure that adequate drainage measures are in place prior to the
development being brought into use.

5. During construction works (including groundworks) no works shall
take place 2 hours before or after dawn/dusk or during the hours of
darkness.

Reason: To prevent any potential disturbance to otters.

6. A detailed construction method statement shall be submitted to and
approved by the CNPA acting as planning authority. The statement
shall provide measures to ensure that no silt, spoil, soil or debris
shall enter the Culsten Burn. The statement shall also identify any
areas for storage of materials, spoil, chemicals, fuels or on site toilet
facilities. The statement shall include nomination of an
environmental advisor to ensure the protection of the site
environment during construction. Construction shall be carried out
strictly in accordance with the approved statement.

Reason: To prevent any silt of debris entering the Culsten Burn.

7. The access to the A93 shall be widened to 4.0 metres with 5.0m
bellmouth radii.

Reason: To ensure that the site has adequate access to the public road.

8. The access shall have a maximum gradient of 1 in 20 for the first 5
metres from the edge of the public road carriageway within the site.

Reason: To ensure that the site has safe and adequate access.

9. The access with the public road shall not be surfaced in loose
material, i.e. at least the first 11 metres to be fully paved, to the
south of the Deeside Way.

Reason: To prevent loose debris being brought onto the public road.

10. Prior to the first use of the development hereby approved half
barriers are to be erected on the Deeside Way in accordance with
the requirements of Aberdeenshire Council Roads and CNPA Access
Officer.

Reason: To ensure a safe junction arrangement between the access road and the
Deeside Way.

11. Visibility splays, measuring 2.4 metres by 215 metres shall be formed
on the verge of the public road at a location to be agreed with
Aberdeenshire Council Roads and constructed in accordance with
Aberdeenshire CouncilÕs standards for road construction and
adoption. Splays to be in place prior to the development first being
occupied.

Reason: To ensure adequate visibility for vehicles exiting the site.

12. Prior to the first occupation of the development hereby approved a
scheme to incorporate nesting/roosting opportunities for bats,
swifts, house martins and barn owls shall be submitted to and
approved by the CNPA. Agreed measures to be in place prior to the
building first being brought into use.

Reason: To support the first aim of the Park to conserve the natural heritage of the
area.

13. Tree felling shall be carried out outside of the bird breeding season
(1 March-31 August) unless otherwise agreed in writing by the
CNPA acting as planning authority.

Reason: To prevent disturbance to nesting birds.

14. Finished floor levels of the development shall be set no lower than
188.0m AOD (N).

Reason: In accordance with the advice of SEPA and Aberdeenshire Council Flood

Prevention Unit with regard to potential flooding issues.

15. Prior to any works commencing, the developer shall secure the
implementation of an archaeological standing building survey level 1
of the extant structures, to be carried out by an archaeological
organisation acceptable to the planning authority. The scope of the
archaeological standing building survey will be set by Aberdeenshire
Council Archaeology service on behalf of the planning authority.
The name of the archaeological organisation retained by the
developer shall be given to the planning authority and Aberdeenshire
Archaeology Service in writing not less than 14 days before the
survey commences. Copies of the resulting survey shall be deposited
in the National Monuments Record for Scotland and in the local sites
and monuments records upon completion.

Reason: To ensure that a record is made of archaeological features at the site.

16. A plan for the interpretation of the former use of the site shall be
submitted to and agreed in writing by the CNPA acting as planning
authority. The agreed interpretation shall be placed on site in a
position to be agreed by the CNPA prior to the first occupation of
the house.

Reason: In the interests of promoting understanding and enjoyment of the special
qualities of the area.

17. This consent does not include any permission for a micro-hydro
scheme.

ADVICE NOTES

1. All works within the limits of the public road to be carried out in accordance
with the requirements of Aberdeenshire Council Transport and Infrastructure,
and application should be made for a road opening permit prior to the
commencement of works. For information and application forms telephone
01569 768455.

2. The CNPA would advise that any reed bed/pond is not stocked with fish and that
care should be taken to avoid the introduction of non-native invasive species of
plants during construction works.

3. You are advised of your responsibilities to protect wildlife at the site in
accordance with the requirements of the 1981 Wildlife and Countryside Act.
You are advised that if works do not commence within 12 months of this
decision notice a new bat survey should be carried out.

Andrew Tait
15 June 2010
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.