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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 4 26 August 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, 
AT LAND ADJACENT TO CHURCH 
PLACE, DULNAIN BRIDGE 

REFERENCE: 04/486/CP 

APPLICANT: TRUSTEES OF NIALL CALTHORPES 
1959 DISCRETIONARY SETTLEMENT, 
c/o FPD SAVILLS, 55 YORK PLACE, 
PERTH PH2 8EH 

DATE CALLED-IN: 22ND OCTOBER 2004 

Fig. 1 - Colour image showing location of land adjoining 4 Church Place, Dulnain Bridge. 


SITE DESCRIPTION AND PROPOSAL 

1. The application is for outline permission for the erection of a dwelling 
house in an area of ground that lies adjacent to a group of houses at 
Church Place, off the A938 at the eastern end of the settlement of 
Dulnain Bridge. The creation of six car parking spaces to facilitate 
Church Place residents and also other users of the adjacent woodland 
area is also proposed in a separate area of land. The area of ground 
associated with the proposed housing site is approximately 0.07ha 
(0.172 acres). It is surrounded by woodland primarily of exotic origins 
(sitka spruce) to the south-west, south and east and the area is 
accessed via a private track adjoining the eastern boundary of the site 
that leads to the woodland area beyond. The proposed housing site 
includes some mature trees, primarily along its western and southwestern 
periphery, together with an area of open ground adjacent to 
the access track. The majority of the area in which the car parking 
spaces are proposed is open ground where some tree felling has 
occurred. It is backed by mature coniferous trees. The areas of the 
proposed site and car parking bays appear to be used at present for 
informal play and minor wood cutting activity. There was also evidence 
of some discarded rubbish in the vicinity at the time of a site visit. A 
short distance to the south of the site the land slopes steeply down 
towards the River Dulnain. The development proposal also involves 
upgrading of the existing access track. The lands that are the subject 
of this application are part of Muckrach Estate. 

Fig. 2 : Full colour photograph showing proposed site (l) and also showing 
existing access track with views northwards to housing in Church Place. 

2. A similar planning application was submitted to Highland Council in 
July 2003 for a house on this site, but was withdrawn due to an number 
of unresolved issues regarding the access road and the provision of 
parking spaces for the existing housing. This current application was 
submitted with a view to addressing such issues. 

3. The initial site layout submitted as part of this current application 
included a six bay car parking area to the north-east of the proposed 
dwelling house site, on the eastern side of the access track, close to its 
junction with the public road and opposite the existing residential 
properties in Church Place. The car parking area was proposed in an 
area of natural woodland, and the proposed works would necessitate 
extensive tree felling and also the demolition of an existing dry stone 
dyke that forms the boundary with the access track. As will be detailed 
in subsequent sections of this report that proposal raised a number of 
concerns, and was therefore amended in a submission made by the 
agents on 5th August 2005. 

4. As the application is for outline planning permission it does not include 
any elevation drawings of the proposed dwelling house. However, 
details on the application form indicate that the dwelling would have an 
external finish of brickwork or harling, with slate roofing. The 
development is proposed to connect to the public sewer. 


DEVELOPMENT PLAN CONTEXT 

5. The Highland Structure Plan 2001 states that policies for “housing 
development aim to steer demand to appropriate locations within 
existing settlements.” 

6. Settlement policy objectives are discussed in more detail in the 
Badenoch and Strathspey Local Plan 1997, where the attractiveness 
of smaller settlement centres for house building is identified. It is stated 
that although a balanced population structure and good mix of 
accommodation would help to consolidate a basic range of services 
and facilities in such centres, “inappropriate scale or siting of 
development must be controlled.” 

7. In relation to general conservation objectives in existing communities, 
the Local Plan highlights the need to achieve a balance between 
maintaining the social and economic viability of settlements and 
conservation of the environment. The Plan advises that expanding 
communities must relate well to their landscape setting and the 
adjoining countryside. Particular reference is made to the need to 
safeguard ancient and long-established woodland of semi-natural 
origin, although alongside this aspiration it is also stated “this should 
not preclude in exceptional circumstances limited encroachment into 
forest areas where settlements are otherwise tightly constrained.” 

8. In terms of specific policies relating to the proposed site, it is located 
within the general settlement area of Dulnain Bridge, but lies outside 
the areas identified for development in the Local Plan. The land is 
allocated as an Amenity / Woodland area, which extends to cover a 
significant area to the south and east, known as Ballincomb Wood. In 
accordance with this land use allocation, section 4.10.1 of the Plan 
highlights the policy of the Council to “safeguard remaining woodland 
and important groups of trees and encourage management necessary 
to secure varying age structure and species.” The plantations at 
Ballintomb are mentioned as being of significance. 

9. In the assessment of the proposed development reference should be 
had to Section 4.6.3 of the Local Plan which states that in the interest 
of safeguarding the character of established residential areas, there will 
be a presumption against further infill housing, including sub-division of 
existing plots, where development would involve – inappropriate scale, 
design or orientation; inadequate plot size or spacing between 
properties; breaching established building lines; felling significant trees; 
loss of privacy or amenity to neighbouring occupiers; or substandard 
access. 


CONSULTATIONS 

10. The Area Roads and Community Works Manager of Highland 
Council was consulted on the proposed development and advised that 
his comments remain essentially the same as for the previous similar 
application submitted, but later withdrawn, in 2003. In the course of the 
earlier application, a number of conditions were recommended to be 
attached in the event of a grant of planning permission. The conditions 
included a requirement to upgrade the existing access road, the 
necessity to provide and maintain adequate visibility splays at each 
side of the access road with its junction with the public road, and the 
provision of at least 2 no. car parking spaces within the curtilage of the 
proposed structure, to be provided in a manner that would allow each 
vehicle to enter and leave the site independently in forward gear. 

11. The comments received from the Area Roads and Community Works 
Manager in connection with the current application refer to the fact that 
car parking provision is now included and stating that there is no 
objection to such, provided that it is built to a suitable standard, to the 
satisfaction of the Planning Authority in consultation with the Roads 
Authority. 

12. The Visitor Services and Recreation Group of the CNPA examined 
the proposal, particularly in the context of its impact on access 
provision in the vicinity. The response referred to the fact that there is 
no evidence of the proposed site being used for leisure or access, with 
the only path in the area being on the existing access track that forms 
the eastern boundary of the proposed site. VSRG conclude in their 
report that the development proposal does not appear to be of general 
significance to the aims of the National Park in relation to access and 
visitor services “as long as this access track is maintained open and 
free from obstruction.” 

13. A detailed response was also received from the Natural Resources 
Group of the CNPA, noting that the proposed dwelling house site is 
located in an area of exotic plantation. It is considered that the 
development of a dwelling in this area would have very limited impact 
on natural resources interests given the nature of the plantation, and 
also the fact that significant tree felling has already taken place on the 
site. 

14. NRG raised greater concerns in relation to the original location in which 
the six car parking spaces were proposed i.e. in a woodland area close 
to the junction of the access lane with the public road. The proposed 
location was described as an area of “more native woodland” and the 
comments highlight the fact that the proposed development in this 
woodland area would have the potential to impact on the integrity of 
this natural resource through tree felling and increased disturbance. It 
was suggested by the Natural Resources Group that the impact 
would be significantly reduced in the event of the proposed car parking 
area being relocated. 


REPRESENTATIONS 

15. A letter of representation organised by Mr. Mark Adler of Church Place 
and signed by four other residents of Church Place was received 
raising concerns regarding the proposed car parking provision 
associated with development. The letter states that the residents 
currently have “space to park upwards of eight cars but if current 
proposals go ahead this would be reduced to six” and refer to the fact 
that there are six houses in the area. 

Figs. 3 & 4: full colour photographs showing informal car parking alongside access 
track and also to the north of proposed dwelling house site, adjacent to Church Place. 

16. Further to receipt of the amended proposal to relocate the proposed 
car parking area away from the natural woodland, Mr. Adler was 
forwarded a copy of the amended site layout plan and he was invited to 
comment on behalf of himself and the other signatories of the original 
letter. Although to date a written response has not been received, a 
telephone conversation was conducted with Mr. Adler on 11th August 
2005, in which he outlined the residents original concerns, namely the 
potential loss of the use of areas of ground in the vicinity of the access 
track which has for quite some time been used informally for the 
parking of vehicles associated with existing properties in Church Place. 
Upon further discussion of the development proposal and the fact that 
the identified site boundaries of the proposed dwelling house site and 
the proposed car parking provision did not include the area used for 
informal car parking provision, Mr. Adler confirmed that he had no 
particular objection to the proposal and undertook to verify this in 
writing. 


APPRAISAL 

17. The issues relating to this proposal are the principle of a development 
on the edge of the settlement on land allocated as Amenity / Woodland, 
the impact of creating a new house site in a predominantly woodland 
area, and the implications of the proposals for improvements to the 
Church Place access road. 

18. In terms of the land use allocation, a dwelling house on the proposed 
site would not appear to be immediately compatible with the Amenity / 
Woodland allocation. However, as has been detailed in para. 7 of this 
report, the Local Plan does not necessarily preclude development on 
Amenity / Woodland, with an intimation that some limited 
encroachment into forest areas may be considered, especially where 
there are exceptional circumstances and where settlements are 
otherwise tightly constrained. In the case of this current application no 
exceptional circumstances have been put forward to justify the 
proposed development of a dwelling house. The application appears to 
be made on behalf of the trustees of a deceased landowner as part of 
the settlement of his estate. Despite the apparent lack of justification for 
the principle of a residential property on the proposed site it is 
considered necessary in this assessment to take into account the 
physical condition of the land in question, and in particular to consider 
whether or not its current state contributes to the value, enjoyment or 
visual amenity of the surrounding lands allocated for Amenity / 
Woodland use, and whether or not a dwelling house in this location 
would be a positive addition, likely to result in the improvement of the 
visual quality of the area. 

Figs. 5 & 6 : Full colour photographs showing extent of clearance, tree 
felling and tree damage at the proposed site. 

19. Although this current application must be judged on its own merits, it is 
perhaps necessary to have regard to the previous application made on 
the site in 2003. The history file indicates an acceptance on the part of 
Highland Council of the principle of the proposed development on the 
subject site, subject to the resolution of a number of infrastructural 
issues including achievement of sight distances and the upgrading of 
the access track to adoptable standards. The concerns raised by the 
residents of Church Place regarding the potential loss of car parking 
provision was also an issue which required to be resolved. A planning 
report contained in the history file states that “some erosion of 
woodland cover is inevitable if the village is to grow and develop” and 
also notes that several of the Local Plan housing land allocations are 
on existing woodland. The report notes that although the proposed site 
forms part of Ballintomb Wood, “its situation lends itself to being treated 
distinct from the bulk of the wood, sitting as it does between the track 
through the woods and the top of the steep river bank slope.” 

20. In terms of the principle of the currently proposed development, it is 
possible to construct cases both for and against. Certainly on the basis 
of the provisions of the Development Plan alone, the proposal would 
appear to be contrary to policies applicable to the site. However, 
having regard to the relatively unobtrusive location of the proposed site 
adjacent to a built up area of the village and due to the particular 
physical attributes of this site which separate it from the wider 
woodland area of Ballintomb, it is possible that these factors could be 
taken to constitute material considerations. 

21. It is also considered necessary to examine the potential benefits likely 
to accrue from the development proposal. As detailed in para. 18 of 
this report, a dwelling house on the subject site could represent an 
opportunity for the visual enhancement of the immediate area. In 
addition, access provision would be improved due to the proposed 
upgrading of the existing access track from its junction with the public 
road to the site entrance. The infrastructural improvements include the 
creation of adequate visibility splays at the junction of the access track 
and the public road. The works proposed would therefore be of benefit, 
providing increased safety for all users of the existing track, including 
those using the junction to access the wider woodland area and the 
residents of the adjacent group of dwelling houses known as Church 
Place. The creation of the proposed six car parking spaces is also 
considered to be of benefit to users of the area, and contrary to the 
concerns raised by residents of Church Place regarding the loss of car 
parking provision, the proposal would in fact provide formal car parking 
available for their use, as opposed to a reliance on the informal 
arrangement which appears to have developed over time alongside the 
existing access track, on land which the residents of Church Place do 
not own or have any control over. 

22. In relation to the proposed car parking provision, it should be noted that 
in a request issued to the agents to consider relocating the car parking 
area in order to avoid the loss of natural woodland and significant 
disturbance to the natural resources of the area, specific reference was 
made to the need to relocate an existing vehicular gate on the access 
track, to a position south of the car parking area in order to ensure 
unrestricted access for residents of Church Place, and indeed for other 
potential users. The amended site layout plan submitted to the CNPA 
on 5th August 2005 shows compliance with this. Also on the subject of 
car parking provision for residents of Church Place, it is worth noting 
that four out of the six houses at Church Place have the benefit of 
driveways (either directly off the public road or from the access track) 
providing on site car parking provision, although admittedly this is quite 
limited in size at a number of the properties. The residents desire 
therefore to ensure the availability of adequate car parking provision in 
the vicinity without the necessity of encroaching on the public road is 
understandable. The proposal would achieve this as in addition to 
providing a dedicated car parking area, the proposed upgrading of the 
access road could assist and encourage the parking of vehicles in a 
more systematic manner than occurs at present along the eastern side 
of the access track. 

23. Whereas the site layout plan originally submitted with this current 
application indicated the proposed car parking area in a position which 
would result in the loss of native woodland and would cause 
unacceptable disturbance to the natural resources of the area, in 
addition to creating an adverse visual impact particularly from the 
public road passing through the village, the amended site layout plan 
recently submitted eradicates this difficulty. Overall, taking into account 
the relatively unobtrusive position of the proposed site and its location 
adjacent to the built up area of Dulnain Bridge, the physical 
characteristics that distinguish the proposed site from the remainder of 
Ballintomb Woods, the potential to improve the visual quality of this 
particular area, the improved road safety aspects of the existing access 
lane and sight distances available at its junction with the public road, 
the minimisation of tree felling necessary to facilitate the proposed 
development and the fact that the proposal would not hinder any 
existing access provision in the area, it is considered that on balance 
the proposal is acceptable and the benefits to be accrued from a 
development of this nature at the proposed location would be likely to 
outweigh the loss of an area of land identified as Amenity / Woodland 
which has little natural heritage value in its present state. 


IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

24. The proposed dwelling house site and the proposed car parking area 
are situated in proximity to exotic plantations, where tree felling has 
already taken place. Given the nature of the woodland immediately 
adjacent to the site and physical differing characteristics of the 
proposed development site from the wider area of Ballintomb Woods, it 
is not considered to have a significant impact on the natural heritage of 
the area. 

Promote Sustainable Use of Natural Resources 

25. As the application is for outline permission no detailed drawings of the 
proposed dwelling house have been provided and it is not therefore 
possible to assess whether or not the proposal would involve the 
sustainable use of Natural Resources. 

Promote Understanding and Enjoyment of the Area 

26. The proposed development would not hinder access to the woodland 
area, and it has the potential to visually enhance this particular area 
which is currently in an unkempt state. It is therefore considered to 
have the potential to enhance the enjoyment of the area by the general 
public. 

Promote Sustainable Economic and Social Development of the Area 

27. The proposal for a new house here is based on the potential to “round 
off” this small grouping of houses in an established rural community, 
where limited expansion could be supported for the betterment of the 
social and economic future of the community. 


RECOMMENDATION 

That Members of the Committee support a recommendation to: 

Grant outline planning permission for the construction of a dwelling 
house, the upgrading of the current access and the provision of car 
parking on land adjacent to Church Place, Dulnain Bridge, subject to the 
following conditions - 

1. The existing access road shall be upgraded to a standard suitable for 
adoption by the Roads Authority prior to the commencement of any 
building operations on the proposed dwelling house site. Prior to the 
commencement of development, detailed specifications for the 
upgrading of the access road shall be submitted for the agreement of 
the Planning Authority in consultation with the Roads Authority. 

2. The proposed car parking area shall be developed to a suitable 
standard details of which shall be submitted for the agreement of the 
Planning Authority in consultation with the Roads Authority prior to the 
commencement of any development. 

3. The proposed car parking area shall be provided for the use of 
residents of Church Place and shall be maintained free from 
obstruction. No access gates or other means of restricting access 
shall be placed between the Church Place area and the proposed car 
parking area. 

4. Visibility splays shall be provided and maintained on each side of the 
access at its junction with the public road. These splays are the 
triangles of ground bounded by the first 2.5 metres along the centreline 
of the access road (x dimesion) and the nearside edge of the main road 
(y dimension) measured in either direction from the intersection with 
the access road. In an easterly direction the y dimension shall 
measure 90 metres and in a westerly direction 70 metres. No 
operations shall commence on the dwelling house site until the above 
detailed roads requirements have been met. 

5. Within the visibility splays required as per condition no. 2 nothing shall 
obscure visibility between the driver’s eye height of 1.0 metres 
positioned at the x dimension and an object height of 1.0 metres 
anywhere along the y dimension. 

6. Any gates that are provided on the subject site shall open into the 
proposed dwelling house site only. 

7. An application for approval of reserved matters shall include a site 
layout plan showing 

a. the proposed dwelling located in a position that would minimise 
the loss of existing trees on the site; 

b. the provision of parking and manoeuvring for at least 2 no. 
vehicles within the curtilage of the dwelling house such that each 
vehicle may enter and leave the site independently in forward 
gear. 

8. An application for approval of reserved matters shall include 
comprehensive details of the siting, design, external treatment of, and 
means of access to the dwelling house, and the landscaping of the 
dwelling house site and the separate car parking area. For the 
avoidance of doubt “landscaping” includes the treatment of all surfaces 
whether with soft or hard materials, and all boundary enclosures and 
treatments. 

9. No water shall discharge onto the public road. 

10. The proposed dwelling house shall connect to the public sewer. 

11. The proposed dwelling house shall be designed in accordance with the 
traditional vernacular architecture of the area and shall be a maximum 
of 2 storeys in design, and shall incorporate the use of external 
materials that visually compliment existing properties in the vicinity as 
well as taking account of the proposed woodland setting. 

12. An application for approval of reserved matters shall be accompanied 
by a detailed tree survey and landscaping plan indicating the position of 
all trees within and adjacent to the proposed development areas, and 
specifying the ages, heights, species and branch spread of all the 
trees, and also identifying the exact number and location of trees to be 
retained or felled. 

Determination background : 

The application was called in by the Cairngorms National Park Authority in 
October 2004. Due to the volume and complexity of applications with the 
CNPA at that time, in conjunction with limited staff resources, it was 
unfortunately not possible to progress this until more recent times. 

Mary Grier 
Planning Officer, Development Control 

planning@cairngorms.co.uk 

18th August 2005