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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 9 29 May 2009 

CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: UPDATE REPORT ON TERMS OF COMMITTEE 
RESOLUTION ON DETERMINED PLANNING APPLICATION 

Prepared by: DON MCKEE, HEAD OF PLANNING 

DEVELOPMENT PROPOSED: PROPOSED MIXED USE 
DEVELOPMENT COMPRISING RESIDENTIAL, RETAIL, OFFICE, 
COMMUNITY, LEISURE, PARK, ENVIRONMENTAL IMPROVEMENTS, 
ROADS INFRASTRUCTURE, RESORT HOTELS EXTENSIONS, ADDITIONAL 
LODGES, AND DEMOLITION OF EXISTING ADMIN BUILDING 

REFERENCE: 08/241/CP 

APPLICANT: AVIEMORE HIGHLAND RESORT LTD AVIEMORE PH22 1PN 

DATE CALLED-IN: 27 JUNE 2008 

RECOMMENDATION: THAT WITH REGARD TO THE 
RESOLUTION OF THE PLANNING COMMITTEE ON 20 FEBRUARY 2009: 

A) THE CNPA IS SATISFIED THAT 
THERE HAS BEEN A 
RESOLUTION OF ISSUES 
RELATING TO COMMUNITY 
PROVISION FOLLOWING 
CONSULTATION WITH 
AVIEMORE AND VICINITY 
COMMUNITY COUNCIL AND 
THE APPLICANT; 

D) THE CNPA IS SATISFIED WITH 
THE LEVEL OF AFFORDABLE 
HOUSING THAT THE 
APPLICANT HAS AGREED TO 
PROVIDE. 


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Purpose of Report 

1. This report is to seek Members’ agreement to the terms of provision 
proposed by the applicant for community benefit and affordable housing as 
required by Parts a) and d) of the Planning Committee resolution of 20 
February 2009 (attached as Annex 1). 

Background 

2. The Planning Committee on 20 February 2009 considered an application by 
Aviemore Highland Resort for full planning permission for a mixed use 
development. It was resolved to grant full planning permission subject to 
resolution of a number of outstanding issues, completion of a Section 75 
Agreement, and to 34 conditions. The Head of Planning has to refer back to 
Planning Committee only if it is considered that compliance with any of parts 
a) to e) of the resolution has not been achieved. The terms of the resolution 
were conveyed to the applicant following the meeting of the Planning 
Committee. 

3. Part a) of the decision required the resolution of the issues relating to 
community provision to the satisfaction of the CNPA acting as Planning 
Authority in consultation with Aviemore & Vicinity Community Council and 
the Applicant. 

4. Part d) of the decision required a minimum of 25% affordable housing with 
additional provision in accordance with the residual value model developed 
by Three Dragons Consultancy and described in the report “Planning for 
Affordable Housing in the Cairngorms National Park” by Heriot Watt 
University and Three Dragons Consultancy March 2008 published by 
Communities Scotland (Report 99) all to the satisfaction of the CNPA acting 
as Planning Authority. 

5. The Section 75 Agreement has to cover a range of issues, but these two 
would be important elements of that agreement. 
Information 

6. Since 20 February the applicant has not sought to enter into discussions on 
issues relating to design etc. and these remain outstanding. There has, 
however, been discussion with Highland Council on legal provision to address 
outstanding roads and parking issues and it is understood that there is the 
prospect of a successful conclusion. 

7. CNPA had engaged the services of the Aberdeenshire Planning Gain Service 
to act on its behalf in negotiating satisfactory provision under the parts of the 
Committee resolution set out in paragraphs 3. and 4. above. They have had 
ongoing discussions with representatives of both Aviemore Highland Resort 
and Aviemore & Vicinity Community Council. Having ascertained what was 


PAGE 3

initially on offer from the former, and what was initially expected by the 
latter, they have negotiated an enhanced package that they consider to be a 
good one and which they are recommending to the CNPA. The final position 
of the Community Council on the terms of the package is still awaited at the 
time of writing, but as our professional advisers are recommending it to me 
then I am in turn recommending it to the Planning Committee. 

8. Whilst it is appropriate to request a community benefit package the detail 
and negotiations have to be kept separate from the planning process. As 
advised previously, Members only have to know that there has been a 
resolution: the precise terms, particularly financial ones cannot have a bearing 
on your decision to grant planning permission. That is why the previous 
resolution was framed the way it was, with the Head of Planning referring 
back to Planning Committee only if it is considered that compliance has not 
been achieved. Whilst it is considered that the terms of the resolution on 
Part a) have been complied with, it was considered prudent to bring this 
report to Committee, as even though consultation has involved the 
Community Council as required, they have not yet come forward and stated 
that they are satisfied. If they do then there is no need for the Planning 
Committee on 29 May 2009 to discuss this further. The detail will be 
secured via the Section 75 Agreement. 

9. The issue of affordable housing under Part b) of the resolution does however 
require further consideration by Members, not because of any fundamental 
problem, but because taking the letter of the resolution the outcome has 
been reached with reference to the residual value model, but not directly as a 
result of it. Because of the stage the proposals are at in the development 
process there is not currently sufficient information available to fully use the 
model as intended. The applicants are however offering 25% of the housing 
as affordable, plus additional units. The number will be confirmed before the 
Planning Committee meeting, but is recommended by our Planning Gain 
advisers. This is therefore considered to be acceptable and the detail will be 
secured via the Section 75 Agreement. 

10. In order to obtain certainty with regard to these two significant elements of 
the proposals the applicants have requested a decision by the end of May 
2009. If Members agree with the recommendation in this report then the 
applicants will have that certainty, the community will have a benefits package, 
and there will be affordable housing over and above the 25% that has to date 
been the norm. 

11. Recommendation: 

That with regard to the resolution of the Planning Committee on 
20 February 2009: 

A) The CNPA is satisfied that there has been a resolution of 
issues relating to community provision following consultation 
with Aviemore and Vicinity Community Council and the 
Applicant; 


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D) The CNPA is satisfied with the level of affordable housing 
that the applicant has agreed to provide. 

Don McKee 
Head of Planning 

21 May 2009 

planning@cairngorms.co.uk