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CAIRNGORMS NATIONAL PARK AUTHORITY 


MINUTES OF THE PLANNING COMMITTEE 
held at The Lecht Ski Centre, Strathdon 
on 29th May 2009 at 10.30am 


PRESENT 

Peter Argyle 		Mary McCafferty 
Eric Baird 		Willie McKenna 
Stuart Black 		Eleanor Mackintosh 
Geva Blackett		Ian Mackintosh 
Duncan Bryden 		Anne MacLean 
Jaci Douglas 		Alastair MacLennan 
Dave Fallows 		Fiona Murdoch 
Lucy Grant 		Andrew Rafferty 
David Green 		Gregor Rimell 
Marcus Humphrey 		Richard Stroud 
Bob Kinnaird 		Susan Walker 

IN ATTENDANCE: 

Don McKee 		Andrew Tait 
Mary Grier 		Hilary MacBean 
Marie Duncan 

APOLOGIES: 

Drew Hendry 



PAGE 2

AGENDA ITEMS 1 & 2: 
WELCOME AND APOLOGIES 

1. The Convenor welcomed all present including lecturer John MacDonald and Rural 
Development students from the Scottish Agricultural College (SAC) in Aberdeen who 
were attending to observe how planning committees function. 

2. Duncan Bryden advised members that Item 14 (Paper 9) will be the first paper on the 
agenda due to the board’s interest as some members were leaving early and Robert 
Grant (Planning Officer) was on sick leave so Mary Grier and Andrew Tait will be 
covering his reports. 

3. Apologies were received from the above Member and Duncan Bryden advised 
Committee that Bob Kinnaird, Gregor Rimell, Andrew Rafferty, Dave Fallows, David 
Green & Anne MacLean would be leaving early throughout the meeting. 


AGENDA ITEM 3: 
MINUTES & MATTERS ARISING FROM THE PREVIOUS MEETING 

4. The minutes of the previous meeting 15th May 2009, held at The Community Hall, Boat 
of Garten were approved. 

5. There were no matters arising. 


AGENDA ITEM 4: 
DECLARATION OF INTEREST BY MEMBERS ON ANY ITEMS APPEARING 
ON THE AGENDA 

6. Willie McKenna declared an interest in Planning Application No. 09/155/CP. 

7. Lucy Grant declared an interest in Planning Application No. 09/156/CP. 

8. David Green & Anne MacLean declared an indirect interest in Planning Application No. 
09/155/CP. 

9. Geva Blackett declared an interest in Item No. 7 on the Agenda. 

10. Willie McKenna declared an interest in Item No. 13 on the Agenda. 


AGENDA ITEM 5: 
PLANNING APPLICATION CALL-IN DECISIONS 
(Oral Presentation, Mary Grier) 

11. 09/142/CP -No Call-in 
12. 09/143/CP -No Call-in 
13. 09/144/CP -No Call-in 
14. 09/145/CP -No Call-in 
15. 09/146/CP -No Call-in 
16. 09/147/CP -No Call-in 
17. 09/148/CP -No Statutory Call-in Powers 
18. 09/149/CP -No Call-in 
19. 09/150/CP -No Call-in 
20. 09/151/CP -No Call-in 
21. 09/152/CP -No Call-in 
22. 09/153/CP -The decision was to call-in the application for the following reason : 


PAGE 3

• While recognising that the site is identified for new development in 
the existing Local Plan, the scale of the proposal, the existence of 
birch woodland within the site, and the potential new crossing over 
the Aviemore Burn raise issues in relation to natural heritage. The 
proposal also raises issues in relation to the enjoyment of the area 
by the general public particularly due to the existence of the 
Aviemore Orbital Path through the site. It also raises issues in 
relation to the provision of affordable housing and would be of 
significance to the social and economic development of the area. 
The proposal is therefore of general significance to the aims of the 
National Park. 

23. 09/154/CP No Call-in 

Willie McKenna declared an interest and left the room 

24. 09/155/CP The decision was to call-in the application for the following reason : 

• The development of a new community, which includes proposals 
for the provision of 1500 homes, as well as business and 
community facilities and the provision of infrastructure is of 
general significance to the aims of the National Park. 
Willie McKenna returned 

25. 09/156/CP Lucy Grant declared an interest and left the room 

The decision was to call-in the application for the following reason : 

• The proposal is linked to earlier applications determined by the 
CNPA on the site, and as such is of linked general significance to 
the aims of the National Park 

Lucy Grant returned 



PAGE 4

COMMENTING ON APPLICATIONS NOT CALLED-IN BY THE COMMITTEE 

26. The Members wished to make comments to the Local Authorities on the following 
Planning Application No’s 09/142/CP & 09/152/CP. The planning officers noted these 
comments and were delegated with the responsibility of whether or not to submit the 
comments to the Local Authorities. 

Anne MacLean left the meeting 


AGENDA ITEM 14 
UPDATE REPORT ON TERMS OF COMMITTEE RESOLUTION ON 
DETERMINED PLANNING APPLICATION FOR MIXED USE DEVELPOMENT 
AT THE AVIEMORE CENTRE, GRAMPIAN ROAD, AVIEMORE 
FOR AVIEMORE HIGHLAND RESORT LTD 
(PAPER 9) 

27. Duncan Bryden informed members that MS Karine Suller from Aberdeenshire Planning 
Gain Service and Mr Gary Johnston (Agent) from G H Johnston Building Consultants Ltd 
were available for questions. 

28. Don McKee (Head of Planning) presented a paper recommending that with regard to 
the resolution of the Planning Committee on 20th February 2009 the Committee agree 
to recommendation A) and D) as stated in the report. He confirmed that AHR had 
agreed a Community Benefit package with Aberdeenshire Planning Gain Service, offered 
6 affordable units over 25% minimum, and this had all been accepted by the Community 
Council. 

29. The Committee were invited to ask the Head of Planning points of clarification, the 
following were raised: 

a) Clarification of the Section 75 and outstanding issues on compliance. 
b) Clarification of Community provision and affordable housing in the Section 75 in part 
e). 
c) The decision of Aviemore & Vicinity Community Council as a consultee. 
d) Clarification of Aviemore & Vicinity Community Council’s acceptance of the 
community benefit package. 

30. The Committee were invited to ask questions of Ms Karine Suller and Mr Gary Johnston 
and no questions were asked. 

31. The Committee discussed the application and the following points were raised: 

a) Recognition of the work to reach agreement between the Community Council and 
developer with the assistance of the Planning Gain Service. 
b) Local awareness of the ongoing negotiations between the Community Council and 
Planning Gain Service. 
c) Overall satisfaction with the co-operation and the facilitations skills of the Planning 
Gain team. 

32. The Committee agreed with recommendation A) and D) as stated in the report. 

33. Duncan Bryden thanked Ms Karine Suller and Mr Gary Johnston for being available for 
questions. 


AGENDA ITEM 6: 


PAGE 5

REPORT ON CALLED-IN PLANNING APPLICATION TO VARY THE TERMS 
OF A COMPLETED SECTION 75 LEGAL AGREEMENT ASSOCIATED WITH 
FULL PLANNING PERMISSION FOR THE ERECTION OF A BUILDING FOR 
TEMPORARY ACCOMODATION AT URLAMORE, TOMINTOUL 
(TEMPORARY ACCOMMODATION) 
(PAPER 1) 

34. Mary Grier (Planning Officer) presented a paper recommending that the Committee 
agree to vary the terms of the Section 75 agreement. 

35. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification of the time delay in construction activity on the site and years in total 
that the temporary accommodation had been in place. 
b) Clarification that the original application was retrospective. 
c) Clarification the cabin is currently in use as applicant’s accommodation. 
d) Clarification of expected completion time scale for the steading development. 
e) Concerns whether 6 months is sufficient to enable completion of development. 

36. The Committee discussed the application and the following points were raised: 

a) Concerns the timescale is too short. 
b) The visual impact of the temporary building. 
c) The economic circumstances and business development intended at the site. 
d) The possibility of extending the time further for the temporary accommodation to 
enable the applicants to live and work on site whilst completing new build. 
e) Concerns this is not a permanent construction and to extend time further would 
give the wrong message. 
f) Clarification if removal of temporary accommodation is within or after expiry of 6 
months. 
g) Clarification of the rewording of the Section 75. 
h) Concerns over the success of applicants holiday lets and the opportunity to extend 
the period for the temporary accommodation to remain on site in the future if 
required. 

37. The Committee agreed to vary the terms of the Section 75 legal agreement as stated in 
the report. 

Geva Blackett declared an interest and left the room 


AGENDA ITEM 7: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ALTERATION 
AND EXTENSION TO CAR PARK AT AUCHALLATER, BRAEMAR FOR 
INVERCAULD ESTATE 
(PAPER 2) 

38. Andrew Tait (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to the conditions stated in the report. 

39. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification that the ‘Right of Way’ sign will be retained after excavation. 
b) Inclusion of a condition to ensure that the route remains open during development. 
c) Clarification of the waste management policy within the CNPA. 


PAGE 6

d) The effect of waste bins in other similar sites. 
e) Concerns on over use of bins due to close proximity to road. 
f) Concerns over dumping of larger waste items on site. 
g) Clarification on who maintains waste collection. 
h) Clarification on site of toilet block. 
i) Concerns over displacement of camping being dealt with. 
j) Clarification of car park spaces arrangement. 
k) Possible Inclusion of condition that estate checks car park daily. 
l) Concerns over whether facilities should be introduced. 
m) Clarification on charging for car park and issues surrounding this. 
n) Concerns that the proposal is not need based. 
o) Clarification if users of the recreation area were consulted. 
p) Level of current use of site. 
q) Clarification of distance of toilet soakaway from burn and type of facility to be 
installed. 

40. The Committee discussed the application and the following points were raised: 

a) The concept of charging for car park use. 
b) The need for planning permission on a parking meter. 
c) The intended use of the profits. 
d) Concerns on conflicts between consultations with SEPA or SNH regarding toilet. 
e) Concerns toilets will further encourage camping on nearby Clunie flats. 
f) The issue of rough parking spaces already being limited in area. 
g) Recommendation that car park extension is done sympathetically to the area and 
potential displacement from a paying facility. 
h) Inclusion of traffic management condition. 
i) The need for the outdoor access team to negotiate with the estate. 

j) Support for no waste bins and need for signs to encourage visitors take rubbish 
home. 
k) The need for an information board. 
l) The need for VSRG to be consulted. 
m) Inclusion of condition to upkeep the site. 
n) The inclusion of the word ‘Litter’ in the maintenance condition. 

41. Eric Baird requested in future the Board look strategically into recreation and access 
management issues in this area as indicated by Richard Stroud and that this be recorded 
in the minutes. 

42. The Committee agreed to approve the application subject to the conditions stated in 
the report and amendment to Condition 7 to include the word ‘Litter’ as part of the 
maintenance. 

Geva Blackett returned. 


AGENDA ITEM 8: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR RENEWAL OF 
TEMPORARY CONSENT FOR GATEWAY FEATURE AT NORTHERN LINK 
AND SOUTHERN ACCESS ROADS THE AVIEMORE CENTRE, GRAMPIAN 
ROAD, AVIEMORE FOR AVIEMORE HIGHLAND RESORT LTD 
(PAPER 3) 



PAGE 7

43. Andrew Tait (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to the conditions stated in the report. 

44. Duncan Bryden informed members that Gary Johnston (Agent) from G H Johnston 
Building Consultants Ltd was available for questions. 

45. The Committee 
were invited to ask questions of Gary Johnston (Agent) and the 
following points were raised: 

a) Clarification of long term plans after extension to temporary consent for gateway 
feature. 

46. The Committee agreed to approve the application subject to the conditions stated in 
the report. 


PAGE 8

AGENDA ITEM 9: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR USE OF LAND 
FOR SITING OF 10 TIMBER WIGWAM TENTS AT SPEYSIDE TRUST 
BADAGUISH OUTDOOR CENTRE GLENMORE, AVIEMORE 
FOR BADAGUISH OUTDOOR CENTRE 
(PAPER 4) 

47. Mary Grier (Planning Officer) presented a paper on behalf of Robert Grant (Planning 
Officer) recommending that the Committee approve the application subject to the 
conditions stated in the report and subject to an additional condition requiring the 
undergrounding of services. 

48. Duncan Bryden informed members that Mrs Dylis Stretton (co-ordinator at Badaguish 
Outdoor Centre) was available for questions on behalf of the Applicant. 

49. The Committee were invited to ask questions of Mrs Dylis Stretton and the following 
points were raised: 

a) Clarification of advertising of wigwam tents. 

50. The Committee discussed the application and the following points were raised: 

a) Support for the concept of the project. 

51. Duncan Bryden thanked Mrs Dylis Stretton. 

52. The Committee agreed to approve the application subject to the conditions stated in 
the report. 


AGENDA ITEM 10: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF 
HOUSE AND GARAGE FOR ESTATE KEEPER 
AT LAND 190M NORTH EST OF PITMAIN LODGE, KINGUSSIE 
FOR PITMAIN ESTATE LTD 
(PAPER 5) 

53. Duncan Bryden informed members that Mr Neil Smith (Agent) from Smiths Gore was 
available for questions on behalf of the Applicant. 

54. Andrew Tait (Planning Officer) presented a paper on behalf of Robert Grant (Planning 
Officer) recommending that the Committee approve the application subject to the 
conditions and Section 75 Legal Agreement as stated in the report. 

55. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification of additional element of S.75. 
b) Clarification of use of the existing building after new development is built. 
c) The need for the S.75. 
d) Clarification that the S.75 is compatible with Condition b. ii) and whether it need be 
included. 
e) Clarification of the dependant’s situations within the S.75 agreement. 
f) Clarification if applicants are happy to sign the S.75. 
g) Querying whether demolition of existing site is necessary in order to comply with 
policy. 

56. Andrew Tait (Planning Officer) recommended deletion of Condition b. ii). 

57. The Committee 
were invited to ask questions of Mr Neil Smith (Agent) and the 
following points were raised: 

a) Clarification of the issue of occupancy by a dependant in the future. 


PAGE 9

b) Clarification of dependant’s situation in case of occupiers ceased employment in 
relation to the S.75. 

58. The Committee discussed the application and the following points were raised: 

a) The matter of contract of employment between the estate and the employee and 
how this relates to the S.75. 
b) The need to tie the old building into the S.75. 
c) Concerns on the use of the estate in future and the effects of the S.75. 
d) Amendment to the wording in the S.75 to refer to provisions of Condition No b. ii) 
and also to link the existing residential accommodation into the S.75 to ensure it is 
retained as part of the estate and not sold separately. 
e) Whether to delete Condition b. ii) or reword a. or incorporate Condition b. ii) into 
a. 

59. The Committee agreed to approve the application subject to the conditions stated in 
the report and incorporating the provisions of Condition b. ii) into the S.75, and 
deleting b. ii) from the schedule of conditions. 

The Committee paused for lunch at 13.00pm 
David Green, Dave Fallows, Andrew Rafferty & Gregor Rimell left the meeting. 
The Committee reconvened at 13:45hrs 


AGENDA ITEM 11: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR DEMOLITION OF 
CONVERTED STEADING AND ERECTION OF HOUSE AT BALNAGOWAN 
STEADING, NETHY BRIDGE 
(PAPER 6) 

60. Hilary MacBean (Planning Officer) presented a paper recommending that the 
Committee approve the application subject to the conditions stated in the report. 

61. Hilary MacBean informed members Mark Myles (Agent) was unable to attend and sends 
his sincere apologies and stresses consultants from HGA Consulting Engineers 
Construction and Design Management Regulations Inspector CDMM will be in 
attendance to answer any specific questions on the engineers report. 

62. Duncan Bryden informed members that Mr John Grant (HGA Consulting Engineers) and 
Mr Mike Burton (Construction and Design Management Regulations Inspector) was 
available for questions. 

63. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification that consideration of a new planning application would mean refusing 
the application presented. 
b) Clarification that approval would require redesign. 
c) Clarification of the NORTEC structural survey as to what parts of the building needs 
to be rebuilt. 
d) Clarification of reconstruction and underpinning required. 
e) Concerns on cost and inclusion of viability study. 
f) Clarification on material weight planning committee can give to financial viability of a 
development. 
g) The involvement of the Local Plan and Policies. 
h) Clarification of ‘demolishing the building as permitted development’. 
i) Concerns with the engineers report and the option of retaining the house. 


PAGE 10

64. The Committee were invited to ask questions of Mr John Grant and the following points 
were raised: 

a) Clarification on the 2 different outcomes on the 2 surveys 

65. The Committee discussed the application and the following points were raised: 

a) The need for a new application if opting for redesign. 
b) Issues with proposed design and considerations of alternatives. 
c) The extent of redesign. 
d) Concerns with design not being sympathetic to surroundings and original building. 
e) The strong views that restoration is favoured within the community. 
f) The building as a key part of the communities’ cultural history and heritage. 
g) The possibility of a comparison between the existing building and new design. 
h) The effect of previous appeal verdict on the current application. 
i) Concerns application goes against Badenoch and Strathspey Local 1997 Plan and the 
First Aim of the CNPA. 
j) The siting fails within the B&S LP. 
k) Concerns with the reports interpretation of the NORTEC report. 
l) The dwelling house as an important reminder of Nethybridge’s agricultural past. 
m) The possibility and risk of an appeal if the application is refused. 
n) The potential for a sympathetic restoration of the building including an extension in a 
sympathetic style. 
o) Clarification that the application is a dwelling house and not a steading. 
p) The conflicting technical information received. 

66. The Committee agreed to refuse the application on the grounds that the application is 
contrary to the B&S 1997 LP and the First Aim of the Park, the Reporters’ original 
reasons for refusal was an important consideration for resisting the proposal and the 
independent structural survey had shown the potential for some restoration rather than 
the need for a complete rebuild. 

67. Duncan Bryden thanked Mr John Grant and Mr Mike Burton for attending. 


AGENDA ITEM 12: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR ERECTION OF 50 
BED NURSING HOME AT LAND 30M WEST OF 31 ALLT MOR, AVIEMORE 
FOR RATHVEN INVESTMENTS 
(PAPER 7) 

68. Hilary MacBean informed members that Lindsay Allan (Agent) from Keppie Design Ltd 
was available for questions. 

69. Hilary MacBean (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to a unilateral undertaking regarding a contribution to 
bus service and to the conditions stated in the report. 

70. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Concerns no consultations responses were received from Social Work Service or 
Highland Community Care. 
b) Clarification about actual figures to assess the need to progress. 
c) Clarification of the relative height of 2 storey in relation to adjacent A9. 
d) Clarification of the height of portacabin on the site. 
e) Visibility from the A9. 


PAGE 11

Fiona Murdoch left the meeting. 

71. The Committee were invited to ask questions of Lindsay Allan (Agent) and the following 
points were raised: 

a) Indication of the proposed height and design. 
b) Requirements of design to accommodate 50 beds. 
c) Success on seeking figures for feedback to assess the need for the proposal. 
d) Professional medical advice taken to determine the type of building to be used. 
e) The need for the facility. 
f) The safeguarding of the orbital footpath. 

72. Duncan Bryden thanked Lindsay Allan. 

73. The Committee discussed the application and the following points were raised: 

a) The need for detail at Outline application stage. 
b) Satisfaction that the site is suitable. 
c) Uncertainty of the height at this stage. 
d) The need to specify 2 Storey at outline stage. 
e) Suggestion to remove the ‘2 Storey’ from the application description to just include 
the 50 beds. 
f) The effect on the future full planning application, if outline is approved, can the 
detailed application be refused if the height is unacceptable. 
g) Scope to reposition the service yard. 
h) The effect of decision and opportunity for applicants to appeal in future. 
i) The outline application design sympathetic to environment. 
j) The representations on the applications. 

74. The Committee agreed to approve the application subject to the conditions stated in 
the report and amending the wording to include a ‘maximum of 2 storey’. 

Willie McKenna declared an interest and left the room. 


AGENDA ITEM 13: 
REPORT ON CALLED-IN PLANNING APPLICATION FOR CONSTRUCTION 
OF AN ADVENTURE ROPES COURSE AND ERECTION OF RECEPTION 
BUILDING AT LAND 20M SOUTHEAST OF ST JOHNS EPISCOPAL 
CHURCH, INVERDRUIE, AVIEMORE, HIGHLAND 
FOR J P GRANT 
(PAPER 8) 

75. Hilary MacBean informed members that Johnnie Grant (Applicant) of Rothiemurchus 
was available for questions. 

76. Hilary MacBean (Planning Officer) presented a paper recommending that the Committee 
approve the application subject to the conditions stated in the report. 

77. The Committee were invited to ask the Planning Officer points of clarification, the 
following were raised: 

a) Clarification of traffic calming & safety. 
b) Confirmation if Condition 4 answers the objection raised by the Highland Council 
Forestry officer on page 8 regarding the design of the reception building 
c) Confirmation of condition numbering and typo. 

78. Duncan Bryden invited Johnnie Grant to speak and the invitation was declined. 

79. The Committee discussed the application and the following points were raised: 

a) The biodiversity issues covered by conditions. 
b) Support for the project form CNPA Visitor and Recreation Services Group. 


PAGE 12

c) Agreement the application is a valuable attraction to the area. 

80. The Committee agreed to approve the application subject to the conditions stated in 
the report and amendment in Condition 10 to include that the new rope course shall 
not operate from between 10am & 12pm on Sundays and during worship on Good 
Friday, and other times to be arranged by mutual agreement with St Johns Episcopal 
Church 

Willie McKenna returned. 


PAGE 13

AGENDA ITEM 15 
ANY OTHER BUSINESS 

81. Duncan Bryden took the opportunity to commend CNPA staff in particular the planning 
team on their work so far on the Local Plan Inquiry. They have done extremely well in 
sometimes difficult circumstances putting forward a very positive and credible face to the 
public and reporters. Members agreed. 

82. Don McKee added acknowledgement to Sara Krawczynskas work as Programme Officer 
as have the reporters, for her hard work and tolerance involved in co-ordinating the 
logistics and large work load of the LPI. 

83. Duncan Bryden advised members the Sustainable Design Guide (SDG) is progressing and 
Andy Rockall requires confirmation of a date in June 09 from members asap. 

84. Duncan Bryden informed members Stephanie Bungay (Climate Change & NPP 
Communications Officer) is looking to be advised of any relevant events or meetings 
being attended by members to go into the CNPA’s forward look briefing note. 

85. Duncan Bryden advised members of information received from David Green in 
reference to An Camas Mòr. The project was included as part of a new Scottish 
Sustainable Communities Initiative awarded by the MSP Nicola Sturgeon and has been 
identified as one of 11exemplar projects allowing bidding for special funding to progress 
with plans. 

86. Eric Baird suggested that in addition to comments on finishing and appearances etc that 
developers follow SDG. 

87. Peter Argyle sought clarification from committee on objectors and applicants rights with 
regards to addressing the committee. 


AGENDA ITEM 16 
DATE OF NEXT MEETING 

88. Friday 10.30am, 12th June at The Retreat, Glen Esk. 

89. Committee Members are requested to ensure that any Apologies for this meeting are 
submitted to the Planning Office in Ballater. 

90. The meeting concluded at 15:35pm.