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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 1 30 January 2004 
CAIRNGORMS NATIONAL PARK AUTHORITY 
Title: REPORT ON CALLED-IN PLANNING 
APPLICATION 
Prepared by: NEIL STEWART, PLANNING OFFICER 
(DEVELOPMENT CONTROL) 
DEVELOPMENT PROPOSED: OUTLINE PLANNING PERMISSION FOR 
ERECTION OF DWELLINGHOUSE, 
LAND AT BOAT OF BALLIEFURTH, 
GRANTOWN-ON -SPEY 
REFERENCE: 03/048/CP 
APPLICANT: A. MACLENNAN, BALLIEFURTH FARM, 
GRANTOWN-ON-SPEY 
DATE CALLED-IN: 24 OCTOBER 2003 
Fig. 1 - Location Plan (Not available in text format)

SITE DESCRIPTION AND PROPOSAL 
1. The site to which this application relates, is located within a woodland area on 
the west side of the B970 approximately 4km south of Grantown-on-Spey (see 
Fig.1 above). The site, which forms a clearing within the conifer plantation 
(see Fig. 2 below)(Not available in text format), is positioned approximately 400m down an existing access 
track (see Fig. 3 below)(Not available in text format) which leads from the B970, across a dismantled 
railway line (part of the Speyside Way) and westwards to the property known 
as “Boat of Balliefurth”. This access track also serves another property known 
as “Abhainn-sith” which is located to the north east of the proposed site. The 
clearing lies on the south side of the track and to the north, grazing land 
extends towards the River Spey which is located approximately 120m away. 
Fig. 2 – Site from track looking South West 
Fig. 3 – Looking towards site entrance 

2. The application seeks an outline approval for the erection of a single house. 
As stated above, a clearing in the trees has been formed with access taken 
from the track. The applicant owns a substantial area of ground adjacent to 
the site which extends westwards, southwards and eastwards. If successful, he 
proposes to sell the plot, and the proposed buyers have submitted, through an 
agent, an indicative house design. This indicates a modestly sized, one and a 
half storey, 3 bedroom house with a sun lounge. Finishes are shown as second 
hand slates and white wet dash. 
3. The application site has been the subject of previous planning applications. In 
November 1999, an application for outline planning permission for a house 
was submitted by the same applicant (BS/99/0256). Against the 
recommendation of the planning officer, Highland Council’s Badenoch and 
Strathspey Area Committee, approved the application, in April 2000, subject 
to planning conditions relating to the provision of an additional passing place 
on the access and visibility splays at the junction of the access with the B970. 
Conditions also restricted the house to a maximum of 2 storeys in height 
(traditional design), the position of the house to the southern side of the site 
and ensured retention of trees along the northern side of the site. In January 
2002, an application for Approval of Reserved Matters for a house on the site 
was submitted (BS/02/021). This application proposed a sizeable 2 storey 
property with integral double garage. Approval was given, again subject to 
conditions relating to visibility splay and passing place provision, and 
restrictions on tree felling. This permission was granted on 19 November 
2002 and remains extant until 25 April 2005. Work on this approved house 
can therefore be commenced at any time up until the expiry of this date. 
DEVELOPMENT PLAN CONTEXT 
4. In the Highland Structure Plan, Policy H3 (Housing in the Countryside) 
restricts, in general, new housing in the countryside except where it can be 
demonstrated that it is required for the management of the land and related 
family purposes or where it is for social housing providers attempting to meet 
demonstrated local affordable housing needs that cannot be met within 
settlements. Also, housing in the countryside of an appropriate location, scale, 
design and materials may be acceptable where it supports communities 
experiencing difficulty in maintaining population and services. Policy G2 
(Design for Sustainability), states that developments will be assessed on the 
extent to which they, amongst other things, are accessible by public transport, 
cycling and walking as well as car, impact on resources such as habitats, 
species, landscape, scenery, cultural heritage and freshwater systems, and 
demonstrate sensitive siting and high quality design in keeping with local 
character and the historic and natural environment. 
5. In the Badenoch and Strathspey Local Plan, Policy 2.1.2.3. states that a strong 
presumption will be maintained against the development of houses in all 
sensitive areas and in areas where service restrictions become necessary. 
Exceptions will only be made where a house is essential for the management 
of land, related family and occupational reasons. Adherence to good siting 
and design will be required in such cases. Policy 2.5.2. states that established 
commercial forestry plantations will be safeguarded for their value to the 
economy, including downstream activities and there will be a presumption 
against development within 20m of their margins in the interests of safety and 
amenity. 
CONSULTATIONS 
6. Consultations carried out on the previous applications are relevant. Highland 
Council’s Area Roads and Transport Manager required the provision of 
visibility splays at the junction of the access track and the B970. This required 
significant earthworks and tree felling. It was also necessary to form 1 
additional passing place adjacent to the access track between the B970 and the 
site. 
7. Scottish Water previously stated that they had no objections to the 
development and that private drainage arrangements were proposed. However 
off-site works will be required for a connection to the public water system. 
This may require wayleaves. The nearest acceptable point for connection to 
the public supply is at Balliefurth Farm. 
8. SEPA had no previous objections to the proposal subject to satisfactory 
percolation tests being carried out. The Building Control Service of the 
Highland Council confirmed that a trial pit was dug at the time of the 
Reserved Matters application and that following an inspection the subsoil 
conditions appeared satisfactory. 
9. Further to these previous consultations, Nethy Bridge Community Council has 
no objection to the proposal. Also, the Contaminated Land section of the 
Transport, Environmental and Community Services department of the 
Highland Council, have confirmed that no further action or comment is 
required in order for the application to proceed. They were consulted because 
of the existence of a former gravel pit nearby. 
10. Highland Council Planners, have advised, verbally, and under delegated 
powers, that the original outline application in 1999, was approved by the 
Badenoch and Strathspey Area Committee against the recommendation of the 
planning officers. The proposal did not comply with local planning policy in 
relation to the provision of new houses in the countryside but the Committee 
approved it on the grounds that the site was less obtrusive than alternatives 
available and that it did not take up arable land. There was also scope for 
screening of the site. A Reserved Matters application for a proposed house 
design was subsequently approved and this permission can be implemented at 
any time prior to April 2005. Although still contrary to policy, it may be 
difficult to resist the current proposal bearing in mind the existing permission. 
REPRESENTATIONS 
11. The application was advertised by Highland Council on 16 October 2003, as a 
“Development not in Accordance with the Provisions of the Development 
Plan”. Two letters of representation have been submitted. A summary of the 
matters raised includes: 
• Proposal is contrary to the Local Plan in respect of various policies, 
including 2.1.2.3. (Restricted Countryside Areas), 2.5.1. (Agricultural 
Land), 2.5.2. (Forestry), 2.5.4 (Woodlands and Trees), and 2.5.5. and 
2.5.6. (both Nature Conservation). 
• Proposal would be harmful to the character and appearance of the area 
in that it can viewed from the A95 across the River Spey to the north west, 
and other properties in the area. 
• A house on this site would have the potential to interfere with the 
workings of the adjacent croft i.e. grazing of sheep and training of 
sheepdogs. 
• Concerns about potential interference to existing private water supplies in 
the area. 
• There are alternative locations for a house on the applicant’s land where 
planning policy supports new house building. 
• The applicant has breached conditions of the original permission in 
respect of tree felling on the site and the creation of visibility splays and a 
passing place. 
12. Copies of these letters are attached for the Committee’s consideration. 
PLANNING APPRAISAL 
13. Section 25 of the Town and Country Planning (Scotland) Act 1997 states that 
“where, in making any determination under the Planning Acts, regard is to be 
had to the development plan, the determination shall be made in accordance 
with the plan unless material considerations indicate otherwise.” In this 
instance, the site is located in a countryside area where there is a presumption 
against new houses unless there is a justification for it as set out in policy. At 
the time of the original outline application, the development was found to be 
contrary to the policies of the development plan and as such the 
recommendation from the Highland Council Planning Service was one of 
refusal. The application was approved, against the recommendation, by the 
Badenoch and Strathspey Area Committee. Despite the existence of the 
previous approval which remains extant because of the existence of the 
Reserved Matters approval for the house type, this current outline application 
remains contrary to the development plan and it has been advertised as such. 
There is no justification for the house in terms of policy. However, the 
existing extant approval for the site, is an important material consideration in 
this instance. 
14. Through agents of the proposed occupiers of the site, despite the application 
being in outline format only, an indicative house type has been submitted. 
This indicates a modestly scaled 3 bedroomed house with traditional finishing 
materials. Although some modifications may be required to some detailed 
aspects of the design, it would seem that the potential occupiers of the site are 
keen to construct a house which is sympathetic in scale and design to its rural 
location. While this design is indicative only, and would not form part of any 
outline approval, it does provide an opportunity to impose conditions, which 
would be required to be met in any application for Reserved Matters, and 
which would control the scale and design of the house to a type which is 
appropriate to the surroundings and the site’s status within the National Park. 
In comparison to the existing approved house type, work on which could be 
commenced at any time up until April 2005, the indicative house type 
submitted, is of a lesser size and scale. With the principle of a house on this 
site having already been established, if approval of the current submission is 
given, it does provide an opportunity to improve upon the existing approval in 
respect of the house type constructed. 
15. With respect to the concerns raised by the representee, as stated above, it is 
agreed that the principle of a house here does not accord with the development 
plan in respect of Policy 2.1.2.3. (Restricted Countryside Areas). However, 
the existing approval, as detailed above, needs to be considered as materially 
affecting the determination process. With respect to the other policies 
mentioned, it is not possible to accept that the development of a single house 
here, will detrimentally affect the viability of the existing adjacent croft 
(Policy 2.5.1. Agricultural Land). The site is within a commercial plantation, 
and Policies 2.5.2. (Forestry) and 2.5.4. (Woodlands and Trees) seek, in 
general, to safeguard such areas in the interests of amenity, conservation, 
recreation and safety. However, a clearing has already been cut, and again the 
principle of a house site here has already been established. Policies 2.5.5. and 
2.5.6. refer to protection of nature conservation sites. The proposed site does 
not lie within any designated area and the reference in Policy 2.5.6. to the 
protection of a site at Balliefurth refers to the Balliefurth marsh/bog located 
further to the south. 
16. In terms of visual and landscape impact, it is accepted that the site, and any 
proposed house, will be seen from across the Spey valley to the north and 
north-west. However, there is a setting of a mature woodland plantation, and 
although trees have already been felled on the site, there were conditions 
imposed at the time of the original Outline and the Reserved Matters 
permissions which required the retention of a belt of woodland along the 
north boundary and additional replacement tree planting. Until such time as 
the permission for Reserved Matters is implemented, it is the case that these 
conditions cannot be enforced. In this instance, the representee has been 
concerned about the tree felling and the fact that these works have been 
carried out. However, tree felling does not fall within planning control unless 
there are enforceable conditions requiring their retention. The conclusion is 
that, in a similar way to the previous approvals, it will be possible to impose 
similar conditions restricting tree felling and requiring replacement planting. 
This will ensure that visual and landscape impacts are minimised. 
17. The representee also makes reference to the fact that the Local Plan designates 
an area on the applicant’s land at Balliefurth Farm, further to the south, as 
General Countryside (Policy 2.1.2.1.). In such areas, subject to compliance 
with certain criteria, single houses will normally be acceptable. This matter 
was examined at the time of the original outline permission. While it was the 
view of the Highland Council planners that the development of a house in this 
location should be directed to a site within this designated area, The Badenoch 
and Strathspey Area Committee felt that the proposed site in the plantation 
was more acceptable in terms of visual impact and did not involve the loss of 
arable land. Again, in relation to this, although contrary to policy, the 
existence of this previous permission plays a significant part in the 
determination of the current application and alternative sites are no being 
considered at present. 
18. Finally, with reference to servicing the development, the requirements of the 
Area Roads Manager for visibility splays and a passing place can still be met 
on land within the control of the applicant. The matters of drainage and water 
supply were dealt with at the time of the previous applications. 
IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 
Conserve and Enhance the Natural and Cultural Heritage of the Area 
19. There are no constraints on the site in terms of natural heritage designations. 
There are also no features of cultural interest in the vicinity. The existing 
woodland provides a setting and provided control is exerted over tree felling 
and replanting, especially with reference to the north boundary of the site, 
visual and landscape impacts will be minimised. 
Promote Sustainable Use of Natural Resources 
20. There are no direct implications in respect of this aim. However, the site is in 
a countryside location and will create additional traffic movements, 
particularly by car, to and from nearby settlements and services. This has 
potentially negative effects on air pollution, but taking account of the 
circumstances of the case, in this instance, it is not significant enough to merit 
resisting the proposal. 
Promote Understanding and Enjoyment of the Area 
21. With the proposal being for a private house, there are no opportunities for 
promoting the special qualities of the National Park. The Speyside Way runs 
along the former railway line to the east of the site but the access road crosses 
this by a bridge and therefore there will be no adverse affect on the quality or 
character of this route. 
Promote Sustainable Economic Development of the Area’s Communities 
22. The existence of an area nearby where planning policy supports the siting of 
new single houses, in principle, indicates that the provision of housing in some 
countryside areas, is viewed as being acceptable in the interests of sustaining 
some rural communities. Although not within the designated area, it could be 
argued that the proposal will help retain a population in this community. 
However, the accumulation of single houses in the countryside may put added 
strains on rural infrastructure and servicing provision. 
23. To conclude, it is important to emphasise that, if this proposal had been 
submitted as a new house in the countryside where there were no existing 
permissions, there is little doubt that an unfavourable recommendation would 
be given. This would be on the basis of national, regional and local policy on 
new houses in the countryside and the precedent that approval would have for 
an accumulation of similar developments throughout the National Park. 
However, in this instance, the material consideration of the existing 
permission, which can be implemented at any time prior to April 2005, 
indicates that the provisions of the development plan can be set aside. This is 
in line with Section 25 of the Town and Country Planning (Scotland) Act 
1997. In recommending approval of the application, it in no way acts as a 
precedent for other similar developments within the National Park. The 
recommendation is also made, in the context that any decision of refusal 
requires to be capable of being sustained at an appeal and my judgement is 
that the existing permission would play a significant part in any determination 
of such an appeal. 
RECOMMENDATION 
That Members of the Committee support a recommendation to: 
Grant Outline Planning Permission for the Erection of a Dwellinghouse at Land 
at Boat of Balliefurth, Grantown-On -Spey, subject to the following conditions: 
i. A formal planning application and detailed plans indicating all matters 
relating to the siting, design and external appearance of all buildings, 
means of access thereto, means of enclosure and landscaping proposals 
shall be submitted for the prior approval of the Planning Authority 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. 
ii. Prior to the commencement of any building operations on site, there shall 
be formed, and thereafter maintained in perpetuity, visibility splays 
measuring 3 metres by 150 metres on both sides of the junction of the 
private access track leading to the site with the B970 such that, within the 
visibility splay so defined, there is no obstruction to visibility exceeding 1 
metre in height as measured from the adjacent carriageway, all to the 
satisfaction of the Planning Authority, in consultation with the Roads 
Authority. 
iii. Prior to the commencement of any building operations on site, there shall 
be provided 1 additional passing place between the B970 and the 
application site. Details of the precise location, dimension and 
construction of this passing place, shall be submitted for the further written 
approval of the Planning Authority, in consultation with the Roads 
Authority, prior to the works being undertaken. 
iv. Unless otherwise agreed in writing with the Planning Authority, the 
dwellinghouse hereby approved, shall be located in the southern half of the 
site and no part of the dwellinghouse shall be constructed within 40 metres 
of the northern boundary of the site. 
v. That from the date at which this permission is granted, no trees on the 
approved site, or any trees within a 20m zone around the boundaries of the 
approved site, shall be felled, unless otherwise agreed in writing with the 
Planning Authority. Prior to the commencement of building operations on 
site, there shall be submitted to and approved by the Planning Authority, 
details of proposed new tree planting on the site. All new tree planting 
shall be carried out within the first planting season following completion 
and occupation of the dwellinghouse hereby approved and any trees 
removed, or which in the opinion of the Planning Authority, are dying, 
being severely damaged, or becoming seriously diseased within three years 
of planting, shall be replaced by trees of similar size and species to those 
originally required to be planted. 
vi. Unless otherwise agreed in writing with the Planning Authority, the 
dwellinghouse hereby approved shall be limited to 2 storey (attic) 
development ie. 2 storeys of accommodation is permissible with the first 
floor (upper floor) accommodated in the attic or roofspace by utilising 
rooflights, gable windows or dormer windows. 
vii. The dwellinghouse hereby approved shall be of a traditionally 
architecturally sympathetic design in respect of building form, detail and 
finishing materials. For the purposes of this condition, this shall mean 
walls finished in natural stone, a wet harl of a subdued colour or dark 
coloured timber or a combination of these, and a pitched roof of between 
35 and 45 degrees finished in natural slate, or a good quality slate lookalike 
roof tile, and door and window openings of vertical proportions 
distributed evenly across facades. 
Neil Stewart 
22 January 2004 
planning@cairngorms.co.uk