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ANNEX 1 to Paper 9 20 May 2009 

Cairngorms National Park Authority Planning Committee 20 February 2009 

Planning Paper 6 08/241/CP Aviemore Highland Resort 

Terms of Committee Resolution: 

Committee Resolution: 

The Planning Committee resolved to GRANT Full Planning Permission for 
the proposed mixed use development comprising residential, retail, office, 
community, leisure, park, environmental improvements, roads 
infrastructure, resort hotels extensions, additional lodges, and demolition of 
existing administration building at Aviemore Highland Resort subject to: 

a. 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; 

b. Receipt of revised drawings for Blocks J1-J3, Block K, Block S and resolution 
of any minor issues in respect of other drawings all to the satisfaction of the 
CNPA acting as Planning Authority; 

c. Withdrawal of Block M and associated car parking from the application by 
the applicant; 

d. 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; 

e. A Section 75 Agreement between CNPA, The Highland Council and 
Aviemore Highland Resort in relation to the provision of the north-south 
link road within the site, and the mechanism for provision of access to 
neighbouring land fronting Grampian Road, community provision as per a) 
above, affordable housing as per d) above, contributions towards public 
transport and improvement of B9152/Dalfaber Drive junction as requested 
by The Highland Council, such agreement to have regard to the terms of this 
permission and other relevant requirements of the existing minute of 
agreement between AHR and Highland Council, all to the satisfaction of the 
CNPA acting as Planning Authority; 

[The Planning Committee Resolution is comprehensive and comprises all 
of the individual elements a) – f). Any or all of a) to e) are to be referred 
back to the Planning Committee if the Head of Planning on behalf of the 
CNPA acting as Planning Authority considers that compliance has not 
been achieved. In such circumstances the CNPA acting as Planning 


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Authority will be entitled to reconsider the application on its merits 
taking account of the extent and circumstances of compliance with this 
Resolution.] 

And; 

f. To the following conditions and informatives on the Decision Notice 
which will not be issued until there is compliance with a) to e) above: 

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

2. Detailed working drawings for each element of the proposals hereby approved shall 
be submitted to and agreed in writing by the CNPA acting as Planning Authority 
before development commences. The drawings shall include the precise position 
and finished levels of each building on the site, full detailed elevations, provision for 
garden/amenity space for residential units and a comprehensive specification for all 
materials to be used on the external finishes. Samples of materials shall be provided 
if requested by the CNPA acting as Planning Authority. 

3. Notwithstanding the information given on the submitted drawings a detailed phasing 
plan for the implementation of all elements of the proposals shall be submitted to 
and agreed in writing by the CNPA acting as Planning Authority before development 
commences. 

4. Unless otherwise agreed in writing with the CNPA acting as Planning Authority, 
following consultation with The Highland Council, all existing trees on the site, shall 
be retained. 

5. Prior to the commencement of any development on site detailed “Landscape Plans” 
and “Landscape and Tree Management Plans” based on a detailed landscape appraisal 
and assessment shall be submitted to and agreed in writing with the CNPA acting as 
Planning Authority. The Landscape Plans shall include details of all existing trees and 
landscaped areas to be retained and their protection in accordance with BS 
5837:2005. The Landscape Plans shall include all details for the siting, numbers, 
phasing programme for implementation, species and heights (at time of planting) of 
all new planting and the detailed specification for ground preparation and planting 
operations. The Landscape Plans shall also include fully detailed specifications for all 
hard landscaping, cycle/pedestrian paths, water features, amenity space and measures 
to facilitate and encourage public access and enjoyment. The Landscape and Tree 
Management Plan will include detailed measures for the future maintenance of all soft 
and hard landscaping after it has been planted and/or established and the long term 
maintenance strategy for the existing tree and woodland structure. 

6. Within 3 months of the date of this permission, and separate from the requirements 
of Condition No. 5, a plan detailing provision for substantial structure tree planting 
in advance of development (“the Advance Planting Plan”) shall be submitted to and 
agreed in writing with the CNPA acting as Planning Authority. The Advance Planting 
Plan shall include full details of the siting, numbers, species and heights (at time of 


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planting) of the planting and it will be implemented in full in the first planting season 
following its approval by the CNPA acting as Planning Authority. The future 
maintenance of this planting shall be included within the Landscape and Tree 
Management Plan in Condition 5 above. 

7. A full Arboricultural Impact Assessment and Method Statement (to BS 5837:2005) 
shall be submitted in support of individual development proposals and agreed by the 
CNPA acting as Planning Authority before any development takes place. This 
Statement shall demonstrate the means of making provision for the retention of an 
Arboricultural Consultant to undertake site monitoring. 

8. Prior to the commencement of development an otter shelf shall be constructed on 
one side of the Aviemore Burn within the culvert under the northern access road to 
the Resort site. The otter shelf shall be constructed between 31 May and 15 
October to a precise specification, including measures to avoid pollution of the burn, 
to be agreed beforehand with the CNPA acting as Planning Authority in consultation 
with Scottish Natural Heritage. 

9. No demolition of buildings or other structures, or felling of trees, shall take place 
until a survey has been carried out for the presence of bats and the findings, along 
with any necessary measures to minimise the impact of the development, submitted 
to and agreed in writing by the CNPA acting as Planning Authority in consultation 
with Scottish Natural Heritage. Where considered necessary by Scottish Natural 
Heritage a licence will have to be obtained under the Conservation (Natural Habitats 
etc.) Regulations 1994 (as amended) before any acts can take place. 

10. Craigellachie National Nature Reserve is home to breeding peregrine falcons. 
Unless otherwise agreed in writing with the CNPA acting as Planning Authority, 
work on the construction of woodland lodges shall only take place outside the 
breeding season of 1 March – 1July so as to avoid undue disturbance to the breeding 
birds. 

11. The pond in the south west of the site, formerly part of Loch Puladdern, shall be 
restored and brought under positive conservation management as a wildlife pond in 
order that its ecological value is enhanced. This shall be done in accordance with a 
detailed specification, including timescale for implementation and provision for 
ongoing management, to be submitted to and agreed in writing by the CNPA acting 
as Planning Authority before any development commences within the application 
site. 

12. Provision shall be made within new buildings for opportunities for bat roosts, swift 
nests and house martin nests in accordance with a specification to be submitted to 
and agreed in writing with the CNPA acting as Planning Authority before any 
development commences. 

13. The developer shall ensure that measures are in place to identify and responsibly 
dispose of invasive non-native plant species that either exist on the site or are 
brought on to it in imported material. 


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14. The path linking into Craigellachie NNR from the Resort shall be improved to meet 
the “BT Countryside for All Accessibility Standards” in accordance with a 
specification, including timescale for implementation, to be submitted to and agreed 
in writing by the CNPA acting as Planning Authority before any development 
commences. 

15. The steps shall be reinstated at the junction of the Youth Hostel path and Aviemore 
Orbital where they enter Craigellachie NNR in accordance with a specification, 
including timescale for implementation, to be submitted to and agreed in writing by 
the CNPA acting as Planning Authority before any development commences. 

16.
The Youth Hostel to Craigellachie NNR path shall be improved to aggregate 
standard in accordance with a specification, including timescale for implementation, 
to be submitted to and agreed in writing by the CNPA acting as Planning Authority 
before any development commences. 

17. Dedicated car parking and interpretation for the Craigellachie NNR shall be made 
available within the Resort site in accordance with a specification, including locations 
and timescale for implementation, to be submitted to and agreed in writing by the 
CNPA acting as Planning Authority before any development commences. 

18. No approval is hereby granted for the detailed proposals shown on the submitted 
drawings for the access to the site from Grampian Road via Laurel Bank Lane. 
Before any development commences within the site, further drawings for the 
upgrading and enhancement of this access, a proposed Core Path, shall be the 
subject of a full specification to be submitted to and agreed in writing by the CNPA 
acting as Planning Authority. The specification shall include details of surface and 
boundary treatments, landscaping, signage and measures to give all ability access 
from Grampian Road to the Resort and vice versa. The access shall be provided in 
accordance with the approved specification before any development commences 
within the site and shall be retained for use at all times thereafter unless otherwise 
agreed in writing by CNPA acting as Planning Authority. 

19. Full details of provision for cycle lanes, cycle storage and signage/promotion of 
routes for non-motorised users shall be submitted to and agreed in writing by the 
CNPA acting as Planning Authority before any works take place. 

20. Permission is given for up to 15 lodges within the existing lodge development in the 
woodland to the south of the site. The precise number and positions for the 
woodland lodges shall be agreed on site with the CNPA before any works take place 
and it will be necessary to demonstrate to the satisfaction of the CNPA that any 
lodges can be accommodated without significant adverse impact on the designated 
woodland or other natural heritage interest within the site. Installation of any 
approved lodges shall take place in accordance with a method statement to be 
submitted to and agreed with the CNPA acting as Planning Authority before 
development commences. For the avoidance of doubt the method statement shall 
make provision for supervision of installation by CNPA staff or appointed persons if 
so required by CNPA acting as Planning Authority. 


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21. Prior to the commencement of any development on the site a red squirrel survey 
and management plan shall be submitted to and approved by the CNPA acting as 
Planning Authority for the south of the site in the woodland area identified for 
Woodland Lodges and Block S. This shall include measures to enhance the red 
squirrel habitat within and around the proposed site and will inform the method 
statement in Condition 20. above. The precise extent of the area covered by the 
survey and management plan shall be agreed beforehand with CNPA acting as 
Planning Authority. 

22. Unless otherwise agreed in writing by the CNPA acting as Planning Authority in 
consultation with the Transport Scotland, Trunk Roads – Network Management 
Directorate, no additional development in excess of the levels indicated in Phase 1, 2 
and 3, as defined within the Millard Construction Transport Assessment Addendum 
dated July 2008 and attached to this permission, shall be occupied until the upgrade 
of the existing A95(T)/(A9 (T) Link Road North) priority junction to a roundabout 
junction, generally in accordance with Millard Construction drawing No: 8240/03/01 
has been implemented to the satisfaction of the CNPA acting as Planning Authority, 
in consultation with the Transport Scotland, Trunk Roads – Network Management 
Directorate. 

23. Prior to the commencement of any development on site, a comprehensive Travel 
Plan that sets out proposals for reducing the dependency on the private car shall be 
submitted to and approved in writing by the CNPA acting as Planning Authority, in 
consultation with Transport Scotland – Trunk Road Network Management 
Directorate. The Travel Plan shall include: 

a. The duration of the travel plan; 

b. Details for the management of the travel plan identifying the persons responsible 
for implementation; 

c. Details of the proposed measures for monitoring, review and reporting; 

d. Details of mode share targets; 

e. Details of proposed pedestrian and cycle infrastructure within the site and 
connections to the existing networks; 

f. Details of cycle parking provision and location within the site; 

g. Details of proposed measures to improve public transport facilities; 

h. Details of initiatives such as car share schemes and flexible working;
 
i. Details of employee locker and shower facilities; 

j. Details of travel information to be provided within the site; and 

k. Details of car parking provision and management, including disabled and parent & 
child parking. 

24. That unless otherwise agreed in writing with the CNPA acting as Planning Authority 
following consultation with Highland Council’s Area Roads Manager, the road 
network within the masterplan site hereby approved shall be designed for maximum 
traffic speeds of 20 mph. 

25. Notwithstanding the provisions of the Town and Country Planning (Scotland) Order 
1992 (as amended), no walls or fences shall be erected on any masterplan site 
boundary or within the masterplan site, unless otherwise agreed in writing with the 
CNPA acting as Planning Authority. 


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26. Before development commences a detailed drainage scheme, supported by site 
investigations, shall be submitted to and approved by the CNPA acting as Planning 
Authority in consultation with SEPA. The drainage scheme shall meet with the 
technical guidance within The SUDS Manual (CIRIA Publication C697) and 
development shall take place in accordance with the approved scheme. 

27. Before development commences a detailed Sustainability Plan shall be submitted to 
and approved by the CNPA acting as Planning Authority. The development shall 
thereafter proceed in accordance with the approved plan unless otherwise agreed in 
writing by the CNPA acting as Planning Authority. The plan shall include detailed 
sustainability measures including energy conservation/thermal efficiency, use of 
renewable energy, minimisation of water consumption, rainwater harvesting, use of 
locally produced and sourced materials in construction, and use of local labour. The 
plan shall detail shared measures for the site as whole and a specification of 
measures for each building. The plan shall demonstrate how existing development in 
the resort can be integrated within the measures. 

28. That prior to the commencement of any development on any part of the site hereby 
approved, a photographic record shall be made of the remains of old buildings and/or 
other features affected by the proposed development, in accordance with the 
attached specification (brief for archaeological evaluation). Thereafter it shall be 
submitted for the further written approval of the CNPA acting as Planning Authority 
following consultation with Highland Council Archaeology Unit. No site clearance 
work shall take place until confirmation in writing has been received from the CNPA 
acting as Planning Authority that the record has been lodged and is satisfactory. 

29. Before development commences a contaminated land study, including measures to 
deal with any contamination identified, shall be submitted to and approved by the 
CNPA acting as Planning Authority in consultation with The Highland Council 
Contaminated Land Officer. 

30. Before development commences a detailed lighting strategy for the site, including 
street lighting, shall be submitted to and approved by CNPA acting as Planning 
Authority and all lighting provision shall thereafter be implemented in accordance 
with the approved strategy. 

31. Notwithstanding the information shown on the submitted drawings, and in addition 
to the Travel Plan required by Condition 23, before development commences a 
scheme for all roads and related works within the site shall be submitted to and 
approved by the CNPA acting as Planning Authority in consultation with the 
Highland Council Area Roads and Community Works Manager. The scheme shall 
include: 

a) Identification of those roads to be constructed to or brought up to adoptable 
standard; 

b) The positions and a precise detailed specification for the construction of all new 
or upgraded roads and footways, including the pedestrian priority section of the 
north – south link; 



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c) Improvements to the junction of the southern access to the site and Grampian 
Road; 

d) The precise access arrangements to Site S and Site M; 

e) Details of visibility splays at all junctions; 

f) Arrangements for servicing individual elements of the proposals. 


32. Before development commences a waste management plan shall be submitted to and 
approved by the CNPA acting as Planning Authority in consultation with The 
Highland Council’s Waste Management Team. The scheme shall include the 
provision of bin stores and recycling points at agreed locations within the site, and a 
timescale for implementation. 

33. All properties within the development shall be free from the effects of a 1 in 200 
years flood event and there shall be no increase in flood risk to any properties 
upstream or downstream of the site as a result of the development. 

34. Notwithstanding the information shown on the original submitted drawings, and for 
the avoidance of doubt, no approval is given for the building and associated works 
referred to as Block M. 


INFORMATIVE 

1. The applicant and any developer is advised that it will be necessary to comply with 
the provisions of the Wildlife and Countryside Act 1981 (as amended) with respect 
to breeding birds that may be using buildings, trees and shrubs on the site. 

2. The applicant/developer is advised to liaise with Scottish Natural Heritage when 
preparing detailed proposals in order to take account of the need to protect 
breeding peregrine falcons on the Craigellachie National Nature Reserve. 

3. The Trunks Roads Authority would recommend that: 

i) Trunk Road modifications shall in all aspects comply with the Design Manual for 
Roads and Bridges (DMRB) and the Specification for Highway Works published 
by HMSO, and should account for Cycle and Road Safety Audits at stages 1 to 4 
as outlined in Volume 5 of DMRB. The developer shall issue a certificate to that 
effect, signed by his design organisation. 

ii) Any trunk road works will necessitate a Minute of Agreement with the Trunk 
Roads Authority prior to commencement of any works. 

4. Before preparing detailed development proposals the applicant/developer is advised 
to contact Scottish Water which, whilst not objecting to the application, has 
highlighted that there may be network issues to be addressed and cannot guarantee 
a water supply or connection to the public sewerage system. Due to the size of the 
development it is necessary for Scottish Water to assess the impact this new 
demand will have on its infrastructure and the developer will have to submit a fully 
completed Development Impact Assessment form. There may be a requirement for 


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5. The applicant and any developer is advised that Road Construction Consent will be 
required in respect of any roads related works intended for adoption by The 
Highland Council. 


Don McKee 
Head of Planning 
28 February 2009