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CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: REPORT ON CALLED-IN PLANNING APPLICATION 

Prepared by: MARY GRIER, PLANNING OFFICER, 
DEVELOPMENT CONTROL 

DEVELOPMENT PROPOSED: OUTLINE PERMISSION FOR THE 
ERECTION OF TWO DWELLING HOUSES (SEMI DETACHED), UPGRADING OF 
ACCESS AND FORMATION OF CAR PARKING, ON LAND ADJOINING NO.4 
CHURCH PLACE, DULNAIN BRIDGE 

REFERENCE: 06/209/CP 

APPLICANT: TRUSTEES OF NIALL CALTHORPES 
1959 DISCRETIONARY SETTLEMENT, 
c/o SAVILLS (L&P) LTD, 55 YORK PLACE, PERTH, PH2 8EH 

DATE CALLED-IN: 16TH JUNE 2006 


Fig. 1 - Map showing location of Development site adjoining No.4 Church Place,
Dulnain Bridge.
(not available in full text format)


SITE DESCRIPTION AND PROPOSAL 

1. The application is for outline permission for the erection of two dwelling 
houses, of semi detached form, 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 
opposite the site. The area of ground associated with the proposed 
housing site is approximately 0.07ha (0.17 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 south-western 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. A short distance to the south of the site the land slopes steeply 
down towards the River Dulnain. The lands that are the subject of this 
application are part of Muckrach Estate. 

2. To the south of the proposed site the access track continues through 
the existing woodland and terminates approximately 210 metres to the 
south east of the subject site. The termination point is set high above 
the A95 trunk road and a pedestrian access route leads down an 
embankment from the termination of the track onto the A95. Prior to 
the development of the section of the A95 which by passes Dulnain 
Bridge, the track served properties known as Ballintomb Cottage, 
Broombank and Pine Ridge. Those properties are now served by a 
new opening directly off the diverted A95. 

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

Fig. 3 : Colour photograph showing the termination of vehicular access track; 
pedestrian access onto A95. 

3. Members will recall that an application seeking outline permission for 
one dwelling house on the site came before the CNPA’s Planning 
Committee for decision in December 2005 (CNPA planning ref. no. 
04/486/CP refers). The dwelling house was proposed as an affordable 
house, and the proposal also involved the provision of 6 car parking 
spaces opposite the site. The Planning Committee resolved to approve 
the development with conditions, subject to the completion of a Section 
75 Agreement to ensure the retention of the proposed development as 
an affordable housing unit via a Registered Social Housing Landlord. 

4. In the case of the previous application on the site, the decision to 
propose the development at Church Place as an affordable plot had 
been taken by the applicants in the expectation that the housing unit 
would be considered as satisfying the affordable housing requirement 
associated with another application at Waulkmill, Dulnain Bridge,1 on 
Muckrach Estate lands. Permission was sought in the application for 
the ‘formation of an access road and sewage pumping station and subdivision 
of land to form 10 house plots.’ Highland Council resolved to 
approve the application in January 2006 (planning ref. no. 04/00118/BS 
refers)2 conditional upon the delivery of two affordable housing plots. It 
was also indicated that an off-site solution would be considered. This 
current application has therefore been submitted in an effort to secure 
permission for two dwelling houses to meet the requirement. The 
above details are provided for information purposes only and any 
determination made by another Planning Authority in relation to a 
different site should not influence the decision made by the CNPA on 
this current development proposal. 

5. The applicants do not propose to develop the two affordable properties 
on the proposed site, but instead to “gift the site to the Highland 
Council for Social Housing at nil value.” The authorised agents for 

1 Land to the rear of Rose Cottage on the western (Carrbridge) approach to Dulnain Bridge. 
2 The planning application was notified to the CNPA and discussed at the meeting of 23rd April 2004. 
CNPA planning ref. no. 04/196/CP refers. The application was not called in. 


Muckrach Estate have also indicated a willingness to enter into a 
Section 75 planning agreement to this effect. An indicative site layout 
has been included in this application for outline permission in order to 
demonstrate the possible position of the dwelling houses and 
associated driveways / hard standing areas on site relative to the 
existing trees. The layout originally submitted with the application 
showed a semi detached block positioned towards the northern end of 
the site, oriented on a north – south axis. The layout showed 
driveways / hard standing areas located to the front (north) of each of 
the dwelling houses, with access intended to be taken directly from 
informal communal access area at Church Place. The position of the 
dwelling houses would necessitate the loss of at least 7 trees, while the 
remainder of each of the plots to the rear of the dwellings would allow 
for the retention of much of the remainder of existing trees on the site. 
The original site layout also included the provision of a communal car 
parking area (6 car parking spaces proposed in an area measuring 15 
metres x 5 metres), primarily intended for use by residents of Church 
Place, located on the opposite side of the existing track to the east of 
the main part of the site. 

6. Further to concerns raised by residents of neighbouring properties 
(which will be detailed in subsequent section of this report), particularly 
with regard to the potential loss of their informal car parking 
arrangement, a revised site layout plan was submitted to the CNPA on 
30th June 2006.3 The revised indicative plan shows the two proposed 
dwelling houses in a more central position within the overall site, 
essentially located to the rear of the majority of existing individual trees 
on the site. Individual access points off the existing laneway are 
proposed, with the northern most plot served by access in the north 
eastern corner, while the access and car parking area for the property 
on the southern site is positioned in the south eastern corner. The 
proposed communal car parking area on the opposite side of the 
existing forest track remains in the same position as that originally 
proposed. 

7. As the application is for outline planning permission it does not include 
any elevation drawings of the proposed dwelling house. However, 
details on the site layout plan indicate that the dwellings would be two 
storey three bedroom properties. Details on the application form 
indicate that the external finish would be ‘harled brick’ under a slate 
roof covering. A timber fence is proposed as the means of enclosure 
on the northern, southern and eastern boundaries. The development is 
proposed to connect to the public sewer and public water supply. 

8. Supporting documentation submitted with this application included a 
copy of a letter from Michael Hamilton, Area Housing Manager with 
Highland Council which describes the proposal to provide the site at 

3 The Agents have indicated that a copy of the revised site layout plan has been forwarded to the 
objectors. 



Church Place for the provision of a semi detached block, as a means of 
compliance with the Section 75 Agreement for the provision of 
affordable housing in connection with the Waulkmill development in 
Dulnain Bridge. The transfer of the proposed Church Place site to 
Highland Council at nil value is also referred to and it is stated that “the 
Housing Service is in agreement with this and the site is in a suitable 
location.” 


DEVELOPMENT PLAN CONTEXT 

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

10. 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.” 

11. 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.” 

12. 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 Ballintomb 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. 

13. 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. 

14. For information purposes only : the Consultation Draft of the 
Cairngorms National Park Local Plan includes the subject site within 
the settlement boundary of Dulnain Bridge. The proposed site is 
identified as being in General Policy Area 2. Development will “only be 
permitted in such areas where it is demonstrated that there is no 
alternative and that the aims of the National Park or objectives of 
designation and the overall integrity of the areas, features or interests 
will not be compromised; or any significant adverse effects on the 
special qualities of the National Park or qualities for which the area, 
feature or interest has been designated or identified, or amenity or 
public health are clearly outweighed by social or economic benefits of 
national importance and are mitigated to provide features or interests of 
equal importance to those that are lost.” 


CONSULTATIONS 

15. The Area Roads and Community Works Manager of Highland 
Council was consulted on the proposed development and the response 
recommends that a number of conditions are attached in the event of 
the granting of planning permission. The stipulated conditions include 
a requirement to upgrade the existing access road to a standard 
suitable for adoption4, 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 each of the proposed properties, to be provided 
in a manner that would allow each vehicle to enter and leave the site 
independently in forward gear. 

16. Prior to the submission of this current application, the applicants agent 
engaged in discussions with representatives of the Area Roads and 
Community Works division. The comments of that section at the time 
referred to the proposed provision of 6 no. communal car parking 
spaces opposite the site, stating that there was no problem in principle 
with this. It was however advised that either the access track may 
need to be widened or the depth of the car parking area increased to 
enable cars to readily enter and leave the parking area. 

17. In a consultation response from the CNPA’s Economic and Social 
Development Group, the Housing Policy Officer welcomes the 

4 Although required to be upgraded to a standard suitable for adoption, the 
report from the Area Roads and Community Works division of Highland 
Council notes that “the upgraded access road will not be considered to
 formal adoption and will therefore require to be the subject of a suitable 
management and maintenance agreement to the satisfaction of Highland Council.” 


provision of two affordable housing units and refers to having 
discussed the proposal with Michael Hamilton, Area Housing Manager 
with Highland Council, who holds a similar view. 

18. 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 describes the track (alongside 
the eastern boundary of the subject site) which leads into the woods 
being very popular locally, providing one of the few quiet walking 
opportunities in the village. It is stated that the existing route through 
the woods could be part of a core path within the community in the 
future, possibly facilitating an eventual link to a riverside walk. In 
conclusion it is stated that there are “no major concerns from an access 
perspective” as “long as access to and from the woods is retained for 
both walking and cycling.” 

19. In the course of the previous application on the subject site a detailed 
response was received from the Natural Resources Group of the 
CNPA as it existed at that time, which noted that the proposed site is 
located in an area of exotic plantation. The response 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. 

20. Dulnain Bridge Community Council was consulted on the proposal 
and at the time of preparing this report a consultation response had not 
been received. However, a representative of the Community Council, 
in a telephone conversation on 21st July 2006, welcomed affordable 
housing provision in Dulnain Bridge. The Community Council 
representative also expressed a preference for the provision of 
affordable housing which would be available to buy, rather than to let, 
stating that there were many young local families trying to get on the 
property ladder. 

21. It is expected that a written response to this effect will be forthcoming 
prior to the planning committee meeting at which this application is 
presented for determination and in the event of receipt of this, 
correspondence will be copied to Members at the meeting. 


REPRESENTATIONS 

22. Two letters of representation have been received in respect of the 
development proposal. Mrs. S. Wallace of Church Place expressed 
her deep concern about the proposal in a letter dated 19th June 2006. 
Whilst she objects to the increase from the one house in the previous 
application to two houses in this current proposal, the majority of the 
concerns raised relate to access and car parking arrangements. It is 
stated that the access to the objectors house enters onto the proposed 
access route to the new houses and there is no provision for paving to 
walk on; “the new car park area is now in a completely new place to 
which was originally proposed”; if parking her car in her garden, 
reversing out would be “directly in line with the entrances to the new 
houses”; the entrances to the proposed new properties are considered 
to affect her privacy; and finally concern is expressed at the location of 
the six proposed car parking spaces which Mrs. Wallace considers “is 
no where near enough” and concern is raised about safety issues due 
to increased traffic and pedestrians. 

23. The second letter of objection, dated 19th June 2006, comes from Mr. 
and Mrs. L. Middleton, also of Church Place who state that they write to 
express their own concerns and also to support their neighbour, Mrs. 
Wallace. Similar concerns are expressed as in the above detailed 
submission, including reference to the increase from one dwelling 
house to two units and reference to “the car park now in an entirely 
different place to the original plan.” Comments are made in relation to 
the entrances to the proposed new dwelling houses which the objectors 
consider would cause difficulties being in an area which is used by 
existing residents to reverse vehicles out from their properties. The 
proposed six car parking spaces are described as ‘completely 
inadequate’ and reference is made to there being room for at least 8 
cars at present. Reference is also made to the need for “pavements 
over to the new car park to protect people’s safety. 


APPLICANTS RESPONSE TO REPRESENTEES 

24. A letter was forwarded from Savills, as representatives of the 
applicants, to each of the objectors (and copied to the CNPA), and was 
accompanied by a revised site layout plan, as referred to in para. 6 of 
this report showing the proposed dwelling houses in a different position 
on the site, and identifying the access points to each of the proposed 
properties being taken from the existing track, as opposed to directly 
from Church Place. The letter makes reference to the proposed 
housing being intended to provide affordable accommodation for local 
workers and their families. Reference was also made to the necessity 
to relocate the car parking spaces from the location at which they were 
originally proposed in the previous application on the site. It is also 
stated that the “provision of additional car parking for the residents of 
Church Place was proposed and agreed between the estate and 
residents as a gesture of goodwill and the estate is under no obligation 
to provide additional parking.” The car parking issue is further clarified 
in a statement that “it is anticipated that the areas currently used for 
parking will remain, therefore allowing six spaces in addition to those 
already in use.” 

Figs. 5 & 6: Colour photographs showing the informal car parking alongside 
access track and also to the north of proposed site, adjacent to Church Place. 


APPRAISAL 

25. 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. 

26. 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. 11 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. It is relevant at this stage to refer to the 
previous resolution of the CNPA Planning Committee to approve one 
dwelling house on the same land, subject to a Section 75 Agreement to 
ensure that the property was used for affordable housing purposes 
(CNPA planning ref. no. 04/486/CP). In determining that application a 
number of factors led to the conclusion that the proposal could be 
considered to constitute exceptional circumstances, thereby allowing 
consideration to be given to residential development on land allocated 
for Amenity Woodland, and all of those factors remain applicable to this 
current proposal. 

27. Firstly, the physical characteristics of the land, as well as the actual 
condition were factors and consideration was given in particular to 
whether or not its current state contributes to the value, enjoyment or 
visual amenity of the surrounding lands allocated for Amenity / 
Woodland use. In the course of discussions on that application 
reference was made to a previous application made on the site in 2003. 
The history file indicated an acceptance on the part of Highland Council 
of the principle of housing 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). 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 noted 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.” It is my view that such a physical distinction is still 
very much in evidence and the treatment of the subject site distinct 
from the remainder of the woodland area therefore remains applicable 
in the context of this current proposal. 

28. In the course of the more recent previous application on the site5 
detailed information was submitted in respect of the extent of tree 
felling necessary to accommodate a dwelling on the subject site. A 
‘woodland survey report’ was carried out at that stage, with its purpose 
being to ascertain the health and condition of trees on the site and also 
within the proposed car parking area. The report remains applicable to 
this current application, and indeed the currently proposed site layout 
plan identifies the position of existing trees on the site in relation to the 
two properties proposed (copy attached of site plan showing position of 
existing trees and tree condition survey report). 

29. The report notes that the proposed plot is part of a conifer plantation 
and states that although the trees found at the site are generally in 
good conditions for their age, none are of high amenity, historical, 
biodiversity or commercial value. The estimated age of the conifer 
plantation is 35 years. The main tree species are scots pine, norway 
spruce and sitka spruce, interspersed with small numbers of silver birch 
and rowan. Of the 52 trees identified on the site and in the proposed 
car parking area, the survey identified 10 trees that are in need of 
felling due to either their poor condition and / or evidence of existing 
stem damage, whilst a further 41 were classified as Category C i.e. that 
the trees are “in adequate condition or could be retained with minimal 
tree surgery but are not worthy for inclusion in the high or moderate 
categories” or where they are “immature trees or trees with no 
particular merit.” Only 2 out of the 52 trees on site were identified as 
Category B i.e. moderate category where the retention of trees is 
desirable. A scots pine with a present height of 10.5 metres and a 
douglas fir extending to a height of 21 metres have been identified for 
retention as feature specimen. The ‘woodland survey’ report concludes 
with a statement that the trees growing within the plot have no 
particular rarity or historical or biodiversity value and that there may be 
better examples elsewhere in the well wooded locality. 

5 CNPA planning ref. no. 04/486/CP – CNPA decision to approve the proposal subject to conditions 
and entry into a section 75 agreement, 16th December 2005. 



Fig. 7 : Colour photograph showing partial view of proposed site 

30. In assessing the overall implications of the proposed development on 
the woodland, the details provided in the woodland survey have been 
examined in conjunction with the indicative site layout plan, showing 
the footprint of the dwelling houses and on site car parking provision, in 
positions that are intended to necessitate minimal disturbance of the 
majority of trees on site. As with the previously accepted proposal for 
one dwelling house on the site, approximately seven trees would be 
either directly affected by the proposed layout or in very close proximity 
to the area in which construction work would be likely. Tree no. 24, the 
Douglas Fir recommended for retention as a specimen tree, is 
extremely close to the indicative location of the proposed dwelling 
house. However, given that the footprint of the dwelling units are 
indicative only, they cannot be taken as an accurate representation of 
the final footprints or positions of the structures in relation to that tree. 
In the event of the development proposal progressing to a detailed 
design stage, the designs and siting could be, and indeed should be a 
unique response to the specific conditions of the proposed site, 
including the relationship of any building to the trees, particularly those 
identified as specimen features. 

Fig. 8 : Colour photograph showing proposed car parking area 
Fig. 9 : Colour photograph showing tree damage at proposed site 

31. The two houses for which permission is being sought in this current 
application are proposed as affordable housing, with the land to be 
gifted by Muckrach Estate to Highland Council at nil value. The agents 
of Muckrach Estate have agreed on behalf of their clients to enter into a 
Section 75 agreement binding them to such a transfer of land. 

32. 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, these factors can be taken to constitute 
material considerations, and indeed have been accepted as such in the 
previous deliberations of the CNPA’s Planning Committee in relation to 
the proposal for one dwelling house on the site. 

33. There are also a number of potential benefits likely to accrue from the 
development proposal, aside from the obvious benefit of providing 
affordable housing provision. Having regard to the current unkempt 
condition of this area of the woodland and evidence of its use for 
informal wood cutting and storage / disposal of miscellaneous items 
such as trailers etc., residential development on the subject site could 
represent an opportunity for the visual enhancement of the immediate 
area. However, this report should not in any way be interpreted as an 
endorsement of a housing proposal on the land merely because of the 
present undesirable condition that it has been allowed to deteriorate to. 

34. In addition to aesthetic enhancement, access provision to the Church 
Place area would be improved due to the required upgrading of the 
existing access track from its junction with the public road to the site 
entrance / car parking area. 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. 

35. The creation of the proposed six car parking spaces is also considered 
to be of benefit to users of the area. The two letters of representation 
received, as detailed in paragraphs 22 and 23 of this report raise some 
concern regarding the perceived loss of existing car parking provision 
in the Church Place area and on this point it is necessary to clarify that 
the informal arrangement used by residents at present would remain 
unaltered by the current proposal. A number of the points raised in the 
objectors letters, particularly regarding vehicular access to and from 
their properties and the effects on the aforementioned informal car 
parking arrangement, have been taken on board by the applicants / 
agent, with the revised site layout plan upon which this assessment is 
based showing significant changes to the indicative layout. The 
proposal would in fact provide formal car parking available for residents 
use, as opposed to a sole 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. 

36. The content of the letters of objection suggest that the authors were 
unaware of the fact that in the course of the previous application on the 
subject site the proposed car parking area was relocated from its 
original position close to the public road, to the cleared area further 
along the track, and that the decision of the CNPA’s Planning 
Committee was on the basis of the latter arrangement. The relocation 
of the car parking area from its originally proposed position was 
specifically requested in order to avoid the loss of natural woodland, 
which forms an important part of the vista on approaching the Dulnain 
Bridge settlement, and also to avoid significant disturbance to the 
natural resources of the area. 

37. 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. 

38. In addition, the woodland survey report suggests that trees identified 
with defects pose a potential public risk. In light of this, in particular the 
fact that a number of the trees identified as being in need of felling are 
located in relatively close proximity to the access track, it could be 
considered that there are public safety benefits likely to accrue from the 
development of the site. 

39. In summary, the subject site is in a relatively unobtrusive position, 
located adjacent to the built up area of Dulnain Bridge, with the 
physical characteristics of the site distinguishing it from the remainder 
of Ballintomb Woods. Development at this location has the potential to 
improve the visual quality of this particular area, and would also result 
in improvements in the road safety aspects of the existing access lane 
and the sight distances available at its junction with the public road. It 
has been demonstrated that the proposed siting can minimise the 
extent of tree felling necessary to facilitate the proposed development 
and in addition the proposal would not hinder any existing access 
provision in the area. Furthermore, as already detailed the proposed 
residential units are intended as affordable housing. Taking all of this 
into account 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 

40. The proposed 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 the 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 

41. As the application is for outline permission no detailed drawings of the 
proposed dwellings 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 

42. 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 

43. The proposal for two dwelling houses 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, 
particularly where the proposed dwelling units are proposed as 
affordable units. 


RECOMMENDATION 

44. 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, DulnainBridge, subject to the 
completion of a S75 Legal Agreement to ensure the retention of the 
proposed development as affordable housing units via a Registered 
Social Housing Landlord and in accordance with the following 
conditions:-

1. A formal planning application for approval of reserved matters shall be 
submitted within 3 years of the date of this consent and the 
development must be commenced within 5 years of the date of this 
permission or within 2 years from the date of final approval of all the 
foregoing Reserved Matters. 

2. The existing access road shall be upgraded to a standard suitable for 
adoption by the Roads Authority prior to the commencement of any 
other work starting in connection with the proposed development. 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. The 
existing access road shall be upgraded to a standard generally suitable 
for adoption, satisfying the requirements of Highland Council’s Road 
Guidelines for New Developments. 

3. 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. 

4. 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 access restrictions 
shall be placed between the Church Place area and the proposed car 
parking area. 

5. 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 dimension) 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. 

6. Within the visibility splays required as per condition no. 5 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. 

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

8. Parking and manoeuvring space for at least 2 no. cars shall be 
provided within the curtilage of each property such that all vehicles may 
enter and leave each site independently. 

9. An application for approval of reserved matters shall include a site 
layout plan showing the proposed dwelling houses and associated 
driveways / car parking areas located in a position that would minimise 
the loss of existing trees on the site. 

10.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. 

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.No water shall discharge onto the public road. 

13.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. 


Mary Grier 

planning@cairngorms.co.uk 

24th July 2006 

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.