WARNING - By their nature, text files cannot include scanned images and tables. The process of converting documents to text only, can cause formatting changes and misinterpretation of the contents can sometimes result. Wherever possible you should refer to the pdf version of this document. CONTENTS FOREWORD 1. INTRODUCTION Page 1 2. GENERAL POLICIES Page 9 3. TOPIC POLICIES Page 5 Protected Nature Conservation Sites & Biodiversity Page 15 Soil Conservation Page 18 Landscape Page 19 Archaeology and Built Heritage Page 22 Other Local Cultural Heritage Features Affected by Development Page 25 Water Page 26 Mineral resources Page 29 Peat Page 30 Contaminated Land Page 31 Waste Management Page 32 Energy Page 34 Transport Page 35 Upland Vehicle Tracks Page 37 Radio Telecommunications Page 38 Agriculture & Crofting Page 39 Recreation & Access Page 40 Tourism Page 42 Town Centres and Retailing/Commercial Business Page 44 Business & Economic Development Page 46 Housing Page 48 Conversions, Extensions & Alterations of Existing Buildings Page 57 Gypsy/Traveller Sites Page 58 4. SETTLEMENT STATEMENTS Page 59 Aviemore Page 61 Boat of Garten Page 65 Carrbridge Page 69 Cromdale & Balmenach Page 73 Dalwhinnie Page 75 Dulnain Bridge & Skye of Curr Page 77 Grantown-on-Spey & Speybridge Page 79 Kincraig & Insh Page 83 Kingussie Page 87 Laggan Bridge, Gergask & Balgowan Page 89 Nethy Bridge Page 91 Newtonmore Page 95 Rothiemurchus and Glenmore Page 99 Glenlivet Page 101 Tomintoul Page 103 Mid-Deeside & Cromar Page 107 Donside Page 109 Braemar & Inverey Page 111 Ballater Page 113 Angus Glens Page 117 APPENDIX 1 NATIONAL PARK PLAN STRATEGIC OBJECTIVES Page 119 APPENDIX 2 DESIGNATION MAPS Page 129 APPENDIX 3 SCHEDULES OF PROTECTED SITES, SPECIES, AREAS Page 131 APPENDIX 4 GLOSSARY Page 137 FOREWORD This is the Consultative Draft Cairngorms National Park Local Plan. It is still a work in progress but this is what we have done so far with the help of the communities of the National Park and a range of stakeholders. We now want your help again as it will become your Local Plan and we want you to consider how it will affect you, your community and the National Park over the following years. Do you think it reflects the wishes of your community or organisation? Do you think it will help to meet your community’s future needs? What will it mean for the National Park? Please let us know what you think so that we can try to address your concerns in the finalised version of the Local Plan that we will publish in 2006. Copies of the Local Plan can be viewed or obtained at the National Park offices in Grantown–on- Spey and Ballater, at various locations across the National Park and on the National Park website. We can provide larger print versions of the Local Plan on request. If you live in the National Park, there will be opportunities to view and discuss the Local Plan at local community events. Please look out for posters and adverts in the local papers for details of events. If you need any help or want to discuss the Local Plan with National Park planning staff please contact either: Norman Brockie Planning Officer; Gavin Miles Planning Officer; or Don McKee Head of Planning By calling 013397 53601 or emailing planning@cairngorms.co.uk. Planning Cairngorms National Park Authority Albert Memorial Hall Station Square Ballater AB35 5QB Tel. 013397 53601 Fax. 013397 55334 planning@cairngorms.co.uk Main Office Cairngorms National Park Authority 14 The Square Grantown on Spey PH26 3HG Tel. 01479 873535 Fax. 01479 874527 enquiries@cairngorms.co.uk www.cairngorms.co.uk The Cairngorms National Park Local Plan will be part of the statutory development plan covering the National Park. It provides a policy and locational framework for future development in the area. It is important that the public, developers, planners and everyone who uses the Local Plan can identify sites and proposals as clearly as possible. To fulfil this function the Local Plan includes a variety of maps to identify distinct sites and more general policy areas. Maps shown in the Local Plan can only be used for the purposes of Local Plan Consultation. Any other use risks infringing Crown Copyright and may lead to prosecution or civil proceedings. Maps produced within this consultative draft 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. Ordnance Survey.1 maps have been used throughout this document, these include OS MasterMap., 1:50 000 Scale Raster and 1:250 000 Scale Raster. 1 Ordnance Survey, and OS MasterMap are registered trademarks of Ordnance Survey the national mapping agency of Great Britain. Page 1 1 1. INTRODUCTION About this Local Plan 1.1. This Consultative Draft of the Local Plan represents work still in progress. We want to know if you consider it fairly reflects the issues raised during the consultations so far. If not please tell us: likewise if there are issues that you think should be covered, but are not currently in the Local Plan. Please bear in mind that they have to relate to the development and use of land. 1.2. We realise that some of the language and format may perhaps be overly technical and complex. This is a reflection of the need to give as much information and explanation as possible, as well as the timescale for producing an adopted Local Plan whilst carrying out ongoing extensive consultation. We have tried to explain technical or unusual terms where possible. It is the intention that the next version of the Local Plan will be shorter and more user-friendly with simpler language. 1.3. Housing is a core policy area within the Local Plan and is an issue that interests a great many people. There are a variety of views on the strategic approach that should be taken to housing provision within the Park ranging from a continuation of the existing allocation of sites for market housing with a percentage of affordable housing, to restricting housing solely to a mix of affordable and local need with no open market housing. Likewise there are contrary views on whether to restrict housing in the countryside or to encourage a continuation of the established scattered housing in some areas. In order to move the debate forward this Draft Local Plan includes options for discussion that we hope reflect the range of opinion. 1.4. The remainder of this introduction section provides the context for the Local Plan, explains the relationship with other plans/strategies, outlines the process so far, describes the effect on planning applications, explains the environmental assessment of the contents and the contribution towards sustainability. The sections that then follow set out the strategic principles behind the Local Plan and specific policies for natural/cultural heritage, housing, business etc. following the intended order and layout of the National Park Plan. Finally, there are 20 community area profiles and maps identifying settlement boundaries and allocations for different types of development as well as areas to be protected. 1.5. At this stage the Cairngorms National Park Authority (CNPA) Planning Committee has simply endorsed the publication of the draft Local Plan for consultation and to continue the dialogue with communities and other stakeholders. The content does not yet represent the formal views of the authority as we wish to consult and listen further before taking a position on the various issues covered by the Local Plan. 1.6. Once we get your feedback on this version of the Local Plan we will take stock, make any appropriate revisions and publish the formal finalised deposit version in 2006. At that point there will be a further opportunity to make comments. Any unresolved objections will most likely be considered at a public local inquiry, eventually leading to an adopted Cairngorms National Park Local Plan. Page 2 The Cairngorms National Park 1.7. The Cairngorms is a special place with a unique natural and cultural heritage. The Scottish Parliament designated it a National Park in 2003 and the Cairngorms National Park Authority (CNPA) started operating from September of that year. 1.8. The Park has a population of some 16000 people living and working in communities in parts of the Highland, Moray, Aberdeenshire and Angus Council areas. The Park is centred on the Cairngorm Mountains and extends to Grantown-on-Spey, Strathdon, Ballater, the heads of the Angus Glens, Dalwhinnie and Laggan. The Park is host to 500,000 staying visitors each year and a far greater number who come for the day or pass through. Figure 1 Map showing The National Park Area (c) Crown Copyright. All Rights Reserved. Cairngorms National Park Authority, 100040965, 2005 (c) Scottish Executive (Not available in full text format) 1.9. The National Parks (Scotland) Act 2000 set out 4 aims for National Parks: .. to conserve and enhance the natural and cultural heritage of the area; .. to promote sustainable use of the natural resources of the area; .. to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public; and .. to promote sustainable economic and social development of the area’s communities. 1.10. These aims have to be achieved in a collective and co-ordinated way, but where there is conflict between them greater weight has to be given to the first. All plans and decisions taken within the Park must have regard to these aims and they are at the heart of this Local Plan. Page 3 Our Vision for the Park & Development Strategy 1.11. A comprehensive Vision for the Park is being developed and refined through the National Park Plan. The Local Plan’s development strategy has been drawn from the Vision for the Park and to deliver the 4 aims of the Park: .. To promote and encourage sustainable development across the Cairngorms National Park; .. Maintaining healthy vibrant communities within an outstanding natural and built environment. .. To guide the majority of development towards existing settlements, where there are adequate services and infrastructure; .. To support the protection and enhancement of the natural & cultural heritage of the Park area; .. To support the diversification of the local economy. What is the Local Plan? 1.12. The planning process exists to bring about the most efficient and effective use of land, in the public interest. This is achieved through the framework of policies and proposals in the Development Plan (i.e Local Plan plus Structure Plan). 1.13. The CNPA has the job of preparing the Cairngorms National Park Local Plan. This will guide and control the development and use of land in the Park at a detailed level and contribute towards meeting the needs and aspirations of the communities within it as well as helping to care for the qualities that make the Cairngorms special for both residents and visitors. 1.14. The CNPA and the 4 Local Authorities within the Park area will apply the Local Plan policies when deciding whether or not to give planning permission. The Local Plan also identifies locations (proposal sites) for housing, employment and other community needs over the next 5 years. The overall intention is to safeguard sensitive areas and sites against future development whilst helping to promote the investment that is necessary to sustain viable communities within the Park, all within the context of the 4 aims listed above. Relationship with the National Park Plan, Structure Plans, Existing Local Plans, Other Plans and Strategies 1.15. Within the National Park area the Cairngorms National Park Local Plan will replace the four existing Local Plans that were prepared by the Local Authorities. Outside the Park these Local Plans will continue to apply until such time as the Councils replace them. 1.16. The Perth and Kinross Council area adjoins the Park to the south. The potential impact of development does not respect administrative boundaries so there has to be a relationship with that authority when preparing this Local Plan and consultation has taken place throughout the process. 1.17. As stated above, the Cairngorms National Park Local Plan will form one part of the Development Plan for the Park, with the Local Authorities’ 4 Structure Plans providing the other part. The Structure Plans provide a strategic and less detailed policy framework for the whole of each Local Authority area, not just that portion within the Park. Despite this clear legal relationship to the Structure Plans, the Local Plan will also take its strategic context from the National Park Plan, and any departures or changes in strategic policy from that of the Structure Plan will be justified through the National Park Plan. Page 4 1.18. The National Park Plan is the strategic management plan for the Park that provides the context for all other plans and policies affecting the aims of the National Park. It covers all areas of activity within the Park and land use planning is only one element of it. Appendix 1 of the Local Plan contains a list of the National Park Plan’s strategic objectives that are relevant to the Local Plan. 1.19. The Local Plan will be one of several mechanisms for delivering the objectives of the Park Plan. The CNPA has a duty to prepare the Park Plan, to ensure the aims of the Park are collectively delivered in a co-ordinated way. It is the plan for the Park as a whole, not just for the activities of the CNPA, and all public bodies must have regard to it. Whilst not having the same legal status as a Structure Plan it is a significant material consideration in the preparation of the Local Plan and day-to-day planning decisions. 1.20. By way of clarification, this Local Plan will work within the context of other CNPA strategies as well as local authority Transport Strategies, Waste Management Strategies and Community Plans. Any relevant implications arising from the Local Plan will be addressed through working in partnership with local authorities and others and in subsequent reviews of those documents. 1.21. At the time of writing, the Scottish Executive White Paper “Modernising the Planning System” has been published for consultation. There are proposals to make changes to the development plan process. Any firm actions arising from this consultation are unlikely to affect this Local Plan, but it is considered that our process and approach is compatible with what is being proposed. How the Local Plan was put together or how did we get here? 1.22. The CNPA decided at the outset to carry out extensive community consultation before a word of the Local Plan was written. We started with a blank canvas and no preconceptions, because it is your Local Plan and you have to be able to sign up to the contents. 1.23. A Local Plan Working Group made up of CNPA staff, Board members, Local Authority representatives, statutory consultees, community representatives and other interest groups was created to supervise and provide advice on the consultation process and development of the Local Plan. 1.24. Two ‘Community Liaison Co-ordinators’ were appointed with a role to develop a communication network across the Park’s 23 Community Council areas, and to enlist volunteer ‘facilitators’ in each area to assist with publicity and maximise community involvement in the process. The facilitators have received formal training from an independent consultant specialising in community engagement. The Co-ordinators act as “honest brokers” as they are not employees of CNPA and are therefore able to act as critical friends helping both the authority and the communities through the consultation process. They attend and contribute to meetings of the Local Plan Working Group. Page 5 1.25. In September 2004 the CNPA sent out a questionnaire and area profile to every household in the Park. Over 1400 questionnaires were returned (>14% response) giving views on amount/location/type of housing, business needs, community facilities, natural/cultural heritage areas/sites to be safeguarded etc. 1.26. Between October and December 2004 there was at least one Local Plan consultation meeting in every community area in the Park, 44 meetings in all. Each community was given several options for involvement in organising & running the meetings in their area. The meetings ranged from small discussion groups to all day drop-in sessions and formal public meetings. The format was up to the individual community and the meetings were run by the two Co-ordinators and local facilitators with CNPA staff on hand only to observe and answer questions. Over 1600 people (approx 10% of population) attended the meetings where they could view the questionnaire results for their area, stick “idea-pins/flags” on maps, discuss issues with each other and have their comments recorded. 1.27. In addition to the extensive community consultation there has been ongoing consultation with the 4 Local Authorities, statutory bodies/agencies and various interest groups with a stake in the Cairngorms. 1.28. The first Consultation Report was published in April 2005 and the contents have made a significant contribution to this First Consultative Draft of the Local Plan. Relationship with the Development Control Process 1.29. For everyone living or wishing to develop in the Park this Local Plan will have an important effect on the outcome of any planning applications that they may wish to make. Once adopted, all development control decisions taken within the Park (by the CNPA and the four constituent Local Authorities) must be primarily based on its policies and guidance. Before then it will be an increasingly significant material consideration in planning decisions as it goes through each stage of the consultation process. 1.30. For all development proposals, we would therefore strongly recommend first discussing your ideas with CNPA & Local Authority Planning Officers, prior to buying any site or submitting a planning application. Please remember that applications will be assessed against the Local Plan as a whole: it is therefore essential that you consider how a proposed development complies with all of the policies, not just those that suit a particular point of view. 1.31. The Development Control process involving the assessment of individual planning applications against the policies in the Local Plan is essential to its implementation. Conditions attached to planning permissions and legal agreements under the Planning Act will be used where necessary to ensure that development complies with the provisions of the Local Plan, not only during construction, but also over the longer term. Examples of such measures will be to ensure that housing remains affordable or is occupied for a specific purpose that led to the grant of a planning permission. Page 6 1.32. It is also the intention that the CNPA will work with partner local authorities and the Scottish Executive to secure other means of delivering the policies in the Local Plan such as designation of additional Conservation Areas, introduction of Article 4 Directions so that certain developments will then require planning permission, possible revisions to the General Permitted Development and Use Classes Orders so that some activities or development will require planning permission or a prior notification to the CNPA. Examples of these measures could be agricultural buildings or vehicle hill tracks associated with forestry or agriculture. Consultation will play a vital role in determining whether any of the above are appropriate or necessary. Strategic Environmental Assessment (SEA) 1.33. Under the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 the CNPA is carrying out a Strategic Environmental Assessment of the Local Plan. The approach to carrying out the SEA is based on the Scottish Executive’s guidance and the desire to integrate the SEA process closely with the development of the Local Plan itself. 1.34. The Environmental Report of the SEA is being consulted on at the same time as the Local Plan. We believe it provides a considered and objective assessment of the potential environmental effects of policies and proposals in the Local Plan. A non-technical summary or the full Environmental Report can be obtained from the National Park Authority. Monitoring and Review 1.35. This Local Plan's policies and proposals aim to deliver the land use component of the CNPA’s wider vision for the Park that will be expressed in the forthcoming National Park Plan. Whilst making detailed provision for the next 5 years, the Local Plan aims to provide a framework beyond that period. 1.36. The success of the Local Plan is not only dependent on its compatibility with the National Park Plan and Structure Plans. It is important that communities and other interested parties are involved throughout the planning process. Consultation will not end with this Plan. 1.37. A core part of this Local Plan is the provision of housing to meet the needs of communities living and working within the Park. The Government promotes a Plan, Monitor, Manage approach for housing provision. We will be monitoring the provision of housing on the ground to ensure that it accords with the policies and proposals in this Local Plan. Information is critical to this and we will collect data on house completions and up to date needs assessments on an ongoing basis. Communities are an essential part of this process. 1.38. Making policy and decisions based on the latest and most relevant information is also appropriate for all other policy areas. We will therefore monitor all of the Local Plan's policies and proposals and keep them under review. Page 7 1.39. If monitoring and review highlights the need for changes to policy we will do this in consultation with communities and other interested parties. Page 9 2. GENERAL POLICIES 2.1. The following five policies underpin the principle of development within the Cairngorms National Park. 2.2. The policies reflect the importance of the National Park as a designated area of outstanding national importance because of its natural and cultural heritage. They also apply the aims of the National Park but should be considered in the full context of the National Parks (Scotland) Act 2000. 2.3. Section 9 of the Act sets out that the general purpose of the National Park Authority is to achieve all four aims in a co-ordinated way but that where there is a conflict between the first aim and any of the others, the National Park Authority should give greater weight to the first aim. Extracts from the National Parks (Scotland) Act 2000 Section 1 The National Park Aims (a) to conserve and enhance the natural and cultural heritage of the area, (b) to promote sustainable use of the natural resources of the area, (c) to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and (d) to promote sustainable economic and social development of the area's communities. Section 9 General Purpose and Functions (1) The general purpose of a National Park authority is to ensure that the National Park aims are collectively achieved in relation to the National Park in a co-ordinated way. (6) In exercising its functions a National Park authority must act with a view to accomplishing the purpose set out in subsection (1); but if, in relation to any matter, it appears to the authority that there is a conflict between the National Park aim set out in section 1(a) and other National Park aims, the authority must give greater weight to the aim set out in section 1(a) 2.4. In some planning decisions there will be conflict between the first aim of the Park and others. It is therefore important that anyone who proposes development within the National Park understands that potential adverse effects of their proposal on the natural and cultural heritage of the National Park will be given greater weight in the decision on planning consent than might occur if the proposal was not within the National Park. For many proposals, the National Park Authority will attach conditions to the consent to minimise any adverse impacts of development and reduce conflict between the aims, while some developments may be considered inappropriate within the Cairngorms National Park on this basis. 2.5. The general policies 1-3 are based on criteria that reflect the special qualities of the National Park, including other areas that are designated for natural and cultural heritage importance and on some public health and safety issues. As far as possible, the areas where the policies will apply are shown on the General Policy Overview Map on the following page and on the settlement maps in section 4 of the Local Plan. More detailed maps showing the policy areas are available for viewing from the Cairngorms National Park Authority. Some criteria (such as species or areas that are too small to be shown clearly) that are protected by the policies cannot be shown accurately on the proposals maps, and so must be identified at the time of a planning application through more detailed site investigations or consultation. Table 2.1 summarises the criteria within each policy. Page 10 2.6. It is important to note that the maps are not exhaustive, and anyone wishing to apply for planning permission should consider whether their proposed site will influence of be influenced by any of the criteria listed in table 2.1. For example, a site that appears from the map to be a General Policy 1 area, may have features that would mean it would be assessed by General Policy 2 or 3. 2.7. Although the policies amalgamate many different designations and criteria for simplicity, it is those specific designations and criteria that will determine the likely impacts of a development and the effect of the policy on a development proposal. For this reason, Appendix 2 of the Local Plan contains maps that identify the range of designations across the National Park to help potential developers understand why a site is covered by a particular policy. General Policy 1 Development will be permitted if it is unlikely to have a significant adverse effect on the aims of the National Park or any of its special qualities. Where it is concluded that there would be adverse effects on the aims of the National Park, any of its special qualities, or public health or amenity from a development, it will only be permitted where it is considered that these would be outweighed by social or economic benefits of national importance or of importance to the aims of the National Park and where appropriate measures are taken to minimise and mitigate the adverse effects of the development. General Policy 2 Development will only be permitted where it is demonstrated that there is no alternative and: .. 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. General Policy 3 Development that would result in an adverse impact on the interests, features or integrity of a designated site or identified interest will not be permitted unless there are no suitable alternatives and an over-riding national importance or public interest can be demonstrated to outweigh the interests of the site, or in the case of European priority habitats or species, where there are public health or safety reasons or benefits of importance to the environment and where mitigation will replace the loss with features or interests of equal importance. Page 11 Table 2.1 Criteria that apply to General Policies 1-3 General Policy 1 Criteria All land that is not identified in policy areas 2 & 3 but with special consideration of the special qualities of the National Park or public health and amenity interests such as: LBAP species/habitats Listed Buildings - Category B & C Conservation Areas Features of local historic or cultural interest Article 4 Directions TPOs Important Croft or Agricultural land Existing mineral workings Private water supplies General Policy 2 Criteria National Nature Reserves Sites of Special Scientific Interest and areas affecting SSSIs UK protected species UK BAP priority species/habitats Species and habitats identified by Scottish Ministers under the Nature Conservation (Scotland) Act 2004 Ancient Woodland Inventory Semi Natural Woodland Inventory Geological Conservation Review Sites National Scenic Areas Gardens and Designed Landscapes Local Authority Sites and Monuments Records National Monuments Records Listed Buildings - Category A Amenity open space Recreation areas in settlements Amenity woodland Rights of Way Core Paths Other path networks Poorly drained areas Railway Lines Flood consultation areas Land over 400m above sea level (where there is little current development and there are few practical development opportunities) General Policy 3 Criteria Special Areas of Conservation and areas affecting SACs Special Protection Areas and areas affecting SPAs Ramsar Convention sites European protected species/habitats Scheduled Ancient Monuments Properties in Care The Functional Flood Plan Within 90m of sewage works On existing or former waste disposal sites On contaminated land 2.8. Proposals for development will either be within Settlement Development Areas, or outwith (and within the general countryside), as per General Policy 4. Settlement Development Areas are defined by a settlement boundary and are shown on the maps accompanying the settlement statements in section 4 of the Local Plan. All proposals must comply with General Policy 5. Table 2.1 Criteria that apply to General Policies 1-3 Page 12 General Policy 4: Settlement Development Areas Within a Settlement Development Area, as defined by the boundary maps in Section 4, proposals will be favourably considered if they comply with the Policies in Sections 2-3, and the detailed policies and recommendations in their relevant Community Statement in Section 4. Outwith defined Settlements, proposals for development will be considered on their individual merits and against the Policies. Of prime importance will be consideration of the proposal’s context; impact assessment (environmental, retail, traffic etc. as appropriate) studies may be required from the applicant. 2.9. Smaller settlements have not been defined by boundaries as the wider Policies are deemed sufficient to guide development within them. 2.10. While it is preferable that development is focussed within Settlement Development Areas, where there are services and infrastructure, many people in the CNP do live and work in the countryside; rural development may also be required for visitor and recreational facilities, as well as other specialist proposals. 2.11. All development within the Park must be based on sustainable principles, and must contribute to the long-term sustainability of the National Park and its communities. The following General Policy covers the main aspects of sustainability that are relevant to all development within the Cairngorms National Park: Page 13 General Policy 5: Sustainable Development All proposals for new development within the Cairngorms National Park shall be assessed in relation to their compliance with the following Sustainable Development principles; a statement of compliance will be required to accompany each application (this will be developed as part of the CNPA Sustainable Design Guide): The impacts made on the natural and cultural heritage of the Park shall be negligible, and mitigated against. The proposal will enhance the community and contribute to its long-term economic & social development. Adequate infrastructure and service provision should be readily available/ implement-able for the proposal’s site, including: water supply, waste-water + sewage treatment, SUDS, electricity supply, road access, schools + shops, medical + welfare services, public transport, path networks. The design is of the highest quality, maximising energy efficiency measures, and using materials from sustainable sources, as well as local sources. The proposal is positioned on the site to maximise shelter and solar gain, utilises other forms of renewable energy, fitting-in with existing landscape features and habitats. Local labour/skills should also be utilised. The proposal is designed to fit-in with the existing built environment and landscape (in terms of: layout, density, scale, form, character, materials and detailing), whether the design follows traditional local styles, or is more contemporary. The development site is zoned for the proposed use and/or complies with policy. The proposal makes use of ‘brown-field’ sites, existing buildings and recycled materials wherever possible. The site is not susceptible to flooding, erosion, subsidence or levels of radon gas which cannot be mitigated against. The site does not conflict with a safeguard zone which is at risk, hazard or disturbance from: an industrial site, any form of pollution, elecro-magnetism, radioactivity or any other similar issue. The proposal will contribute to the needs of all sectors of the community, including those with disabilities, special needs or who are disadvantaged. The proposal should also enhance community safety and provide an environment which reduces the risk and possibilities for crime. The proposal demonstrates waste-minimisation measures and contributes towards recycling. Where development is for a specific time period or is to replace an existing structure, appropriate measures and guarantees for the decommissioning and removal of redundant structures must be agreed with the planning authority. The landscaping and boundary treatment of a development are very important aesthetically and environmentally and should be part of the Biodiversity plan for the site. 2.12. These issues will be further covered by the CNPA Sustainable Design Guide. Page 15 3. TOPIC POLICIES 3.1. The Topic Policies of the Local Plan provide additional information on specific kinds of development, development in particular areas, or affecting special interests. The policies supplement the General Policies of the Local Plan that are described in the previous chapter. Protected Nature Conservation Sites & Biodiversity 3.2. The Cairngorms National Park has an important and unique biodiversity resource in a local, national and international context and this natural heritage is central to the special qualities of the National Park and the distinctive and coherent identity of the National Park designation. The Cairngorms National Park Authority and constituent Local Authorities, like all public bodies in Scotland, have a duty to further the conservation of Biodiversity2. The Local Plan can supplement the legal protection given to some species and their habitats by UK or international law by ensuring that the value and local importance of a much wider range of habitats and species are respected in planning decisions. 3.3. Much of the Park is covered by national or international nature conservation designations such as Sites of Special Scientific Interest (SSSIs), National Nature Reserves (NNRs), Ramsar Convention wetland sites, and the Natura 2000 Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). These are shown on figures in Appendix 2. All nature conservation designations within the National Park are protected by either General Policy 2 or 3. The European protected sites have the strictest level of protection and specific procedures must be followed where a development proposal may affect a Natura or Ramsar site. Policy 1: Natura 2000 and Ramsar sites Any development likely to have a significant effect on a Natura 2000 site designated or proposed under the Habitats or Birds Directives (Special Areas of Conservation (SACs) and Special Protection Areas (SPAs)) or on a Ramsar Site, that is not directly connected with or necessary to the conservation management of that site, must be subject to an appropriate assessment by the planning authority in accordance with Regulation 48 of the Conservation (Natural Habitats & c) Regulations 19943 (amended 20044). In such cases, planning permission can only be granted in the circumstancesand following the procedures prescribed in Regulations 48, 49 and 53. 2 The Nature Conservation (Scotland) Act 2004. (http://www.opsi.gov.uk/legislation/scotland/acts2004/20040006.htm) 3 Conservation (Natural Habitats, &c.) Regulations 1994 (http://www.opsi.gov.uk/si/si1994/Uksi_19942716_en_1.htm) 4 The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004. (http://www.opsi.gov.uk/legislation/scotland/ssi2004/20040475.htm) Page 16 3.4. A number of species are protected by law. They are listed through Schedules 1-8 of the Wildlife & Countryside Act 1981, Schedules 2, 3 & 4 of the Conservation (Natural Habitats, &.) Regulations 1994 (hereafter refered to as the Habitats Regulations) and the Protection of Badgers Act 1992 which offers protection for the badger and it’s sett. For some species, a licence is required before it, or its habitat, can be disturbed. These licences are available from Scottish Natural Heritage (SNH) or the Scottish Executive for scientific, research or educational purposes. Appendix 3 of the Local Plan contains schedules of protected sites and European protected species within the Cairngorms National Park. Policy 2: Protected Species Proposals for developments that would have an adverse impact on any European Protected species will not be permitted unless: a) there are public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment; and b) there is no satisfactory alternative; and c) that the development will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. In addition to these, full consideration will be given to the protection of species listed in Schedules 1, 5 and 8 of the Wildlife and Countryside Act, 1981 as amended. 3.5. The protected areas and protected species play an important role in conserving biodiversity through giving legal protection to some of the rarest or best examples of habitats and species. However, the Cairngorms have many other habitats and species that are not protected but that are just as important to the biodiversity of the Cairngorms and are therefore central to the special qualities of the National Park. It is therefore important that the value of habitats and species are considered in all planning decisions, and appropriate measures to conserve and enhance biodiversity are implemented through the planning process. The General Policies of the Local Plan provide protection for all aspects of the Park’s special qualities, including those linked to biodiversity, and Policy 3 provides additional detail on how development proposals will be assessed. Page 17 Policy 3: Biodiversity Proposals for developments that will enhance or restore existing habitats, or species identified in Biodiversity Action Plans(5, 6,7) or by Scottish Ministers under the Nature Conservation (Scotland) Act 2004, and that will not have other adverse effects, will be considered favorably. Proposals for developments that are likely to have an adverse effect on existing habitats, or species identified in Biodiversity Action Plans or by Scottish Ministers under the Nature Conservation (Scotland) Act will only be permitted where there are no alternative locations and: a) the developer can demonstrate that the need and justification for the development outweighs the local, national or international contribution of the area of habitat or populations of species; and where b) significant harm or disturbance to the ecological functions, continuity and integrity of the habitats or species populations is avoided, or minimised where harm is unavoidable, and appropriate compensatory and / or management measures are provided and new habitats of equal nature conservation value are created as appropriate to the site. Where there is evidence or likelihood to suggest that a habitat or species may be present on or adjacent to a site, or could be adversely affected by the development, the developer will be required to undertake a survey of the area’s natural environment. 3.6. When a developer is planning a project they should consider the likely implications of the habitats and species for their proposal. So for example, a development that might be acceptable in principle may need to be phased to avoid the breeding season of some animal species in order to minimise or avoid disturbance. In addressing natural heritage issues early on, the developer is likely to find their planning application can be dealt with more swiftly by the planning authority and is less likely to find changes to their proposed works being required. The National Park Authority has published a leaflet titled “Biodiversity Planning Guidance: Note for the Householder” that provides more information. (Colour image of front cover from Biodiversity Planning Guidance leaflet.) 5 Scotland’s Biodiversity - It’s In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland. The Scottish Executive, 2004. 6 The UK Biodiversity Action Plan, http://www.ukbap.org.uk. 7 The Cairngorms Local Biodiversity Action Plan 2002. Peter Cosgrove, The Cairngorms Partnership. Page 18 Soil Conservation 3.7. Soils are an important natural resource essential to support biodiversity. Soils provide the substrate for plant growth. They support and form the habitat for many other organisms including mammals, invertebrates and fungi. Healthy soil microbial communities also play a vital role in maintaining soil fertility, and in the environmental functions of soil which contribute to air and water quality. The National Park has a rich diversity of soils from the agricultural soils that are confined to the more fertile valleys; to undisturbed patterns of often fragile soils extend under ancient woodland, moorland, mountain slopes and summits. 3.8. Most forms of development and change in land use will disturb soils and impact on their physical, chemical and biological balance. In extreme cases, this can lead to a permanent loss of soil or the destruction of soil biodiversity and environmental functionality through wash-out, sedimentation and pollution of water courses that can significantly increase the permanent footprint of a development. 3.9. The likelihood of these problems occurring can be minimised through the adoption of an appropriate soil management plan that demonstrates best practice in soil management procedures for developments that will involve the movement or disturbance of soils. The detail and complexity of the soil management plan will be determined by the size, and complexity of the proposed development. It is likely that for many developments, a simple statement of best practice measures to be adopted would be sufficient. The planning authority may consult SEPA on the content or scope of soil management plans. 3.10. There are other important issues, such as change in land use, which do not come under the Local Plan but will be dealt with under other national schemes (CAP, WFD) and provide direct / indirect incentives for protection of soils. Policy RM9: Soil Conservation and Management All development proposals that will involve the movement of soils will require the submission of a soil management plan to be agreed with the planning authority before planning permission is granted. Best practice on soil conservation in moorland, forestry and agricultural for enhancing and protecting biodiversity and controlling soil erosion and contamination will be supported in relation to any development. Page 19 Landscape 3.11. The diverse and spectacular landscapes of the National Park are one the area’s key assets and the distinctive character of the Park is one of the reasons for the creation of the Park itself. The National Park contains two areas nationally designated specifically for their scenic beauty. The National Scenic Area status of the Deeside and Lochnagar area, and the Cairngorm Mountains area means they are considered to be nationally important as among the best examples of Scotland’s natural beauty and amenity. These areas are protected by General Policy 2 of the Local Plan. 3.12. The value and importance of the landscape across the National Park is supported by the opinions of visitors and residents to the National Park who consistently rate the landscape as one of the most important assets of the National Park. During a preliminary public consultation exercise for this Local Plan8, 64% of respondents to a questionnaire said that landscape was one of the things that made their community a special part of the National Park. During a survey of visitors to the National Park9 over 2003/2004, three of the four most liked features of the Park were directly related to its landscape. 3.13. The National Park has a dramatic geological heritage from over at least the last 400 million years and the geomorphology of the area forms the basis for the national Park’s landscapes. A number of sites within the National Park are considered to be nationally important because of their geology or geomorphology and these are have been recorded through the Geological Conservation Review (GCR). Some of these GCR sites are also designated as geological Sites of Special Scientific Interest, or form parts of other SSSIs. General Policy 2 protects the earth heritage features identified by Geological or Geomorphological SSSIs and GCR sites. Policy 4 protects those parts of the Park’s geology and geomorphology that are intrinsic to the character of the landscape. 3.14. Although the main landforms of the National Park have formed over hundreds of thousands or millions of years, most of the patterns vegetation and development that are seen today are the result of human activity over the last few hundred years. The landscapes of the Park are attractive because of the mix of spectacular landform, mosaics of semi natural and man-made habitats and the some of the patterns and buildings of human development. In some parts of the Park, only the most recent human activities are obvious in the landscape, but in many parts of the Park, the patterns of past human activity have left a clear imprint on the landscape. 3.15. The National Park area contains a number of good examples of gardens and estate policies that both contribute to the appearance and historic and cultural interest of the landscape. Some of these sites are listed in the Inventory of Gardens and Designed Landscapes10, while others may have been considered as additions to the Inventory or simply play an important role by contributing to the identity of parts of the Park through their special landscape, historical, architectural, horticultural and nature conservation features. The sites that are listed in the Inventory of Gardens and Designed Landscapes, or later additions to the Inventory are protected by General Policy 2. 8 “Have Your Say!” Cairngorms Local Plan Consultation Questionnaire Survey 2004. CNPA. 9 Cairngorms National Park Visitor Survey 2003/2004. Lowland Market Research report for CNPA. 10 Historic Scotland & Scottish Natural Heritage (1989) The Inventory of Gardens and Designed Landscapes in Scotland. Page 20 3.16. The National Park’s landscapes have been systematically surveyed and described in two assessments. The Cairngorms Landscape Character Assessment11identifies and describes the characteristics of the landscape in different parts of the National Park to identify landscape character areas. The Historic Landscape of the Cairngorms12 uses the Historic Landuse Assessment (HLA) and National Monuments Record of Scotland (NMRS) to identify general patterns in the historic parts of the landscape and to help to understand the Park’s cultural heritage. It is hoped that in the future, the HLA will be further developed to identify nationally and regionally significant historic landscapes and features that could be protected and enhanced. 3.17. It is the character of the landscape and the important natural and cultural heritage features that it contains that makes the area special and the Local Plan will seek to conserve and enhance the character of all the landscapes of the Park, whether or not the land is within a National Scenic area. The Local Plan will continue to identify NSAs as they remain a national designation within the Park, and restrict some development, such as the construction of vehicle tracks, that currently benefits from permitted development rights outwith the NSA boundaries13. The National Park Authority will investigate with the local authorities, Scottish Natural Heritage and the Scottish Executive, the removal of certain permitted development rights throughout the National Park. Proposal 1: Permitted Development Rights in the National Park The National Park Authority will consult on removing certain permitted development rights in the National Park with a view to seeking an Article 4 Direction to implement the proposals. 3.18. In some parts of the National Park people may experience a sense of wildness that is related to the landscape character. Although people’s perceptions of wildness may vary, there are clearly parts of the National Park where a combination of the landscape character, a sense of remoteness or a perceived absence of recent development may combine to create a sense of wildness. 3.19. The Local Plan can help to protect what is sometimes called wild land character by preventing developments which would introduce permanent and overtly man-made development to areas with little or no current development. The Local Plan has identified all land over 400m above sea level as land with few current developments and where few new developments are likely to be needed or acceptable within the National Park. Land over 400m is protected through General Policy 2 to maintain the character of the landscape and any associated sense of wildness that is derived from the lack of current development. 11 SNH 1996, Cairngorms Landscape Character Assessment. Prepared by the Turnbull Jeffrey Partnership. 12 RCAHMS & Historic Scotland 2001, The Historic Landscape of the Cairngorms. 13 Scottish Development Department (1980) Circular 20/1980 & (1987) Circular 9/1987 Development Control in National Scenic Areas. SDD, Edinburgh. Page 21 Policy 4: Landscape Development that is likely to have an adverse impact on the special landscape qualities of the National Park including: landscape character; scenic qualities; natural beauty; amenity; historic landscape elements; cultural components; or wild land character of parts of the National Park, will not be permitted. The planning authority will use conditions and agreements to ensure that all consented development in the National Park will be sited, laid out, designed and constructed of materials so as to make a positive contribution to the special landscape qualities of the National Park. Page 22 Archaeology and Built Heritage 3.20. The Cairngorms National Park has rich built and archaeological heritage that ranges from flint finds in Glen Dee from the Mesolithic period of around 7000 years ago to land management features and 20th century buildings. In some parts of the Park, past settlement and agriculture has left a strong pattern in the landscape with many archaeological remains illustrating historical land uses and traditions. In the main valleys of the Park, where settlement is now concentrated, much of the older archaeological evidence has been destroyed or disguised by intensive agriculture, forestry and settlement. 3.21. Many of the best features of the Park’s built heritage are protected through the Scheduling of Ancient Monuments14 of national importance, the Listing of Buildings15 of special architectural or historical interest by Historic Scotland and the designation of Conservation Areas by Local Authorities (or the CNPA). Further known archaeological remains are identified in the National Monuments Record of Scotland (NMRS) and more still are identified through the Local Authorities’ Sites and Monuments Records. These sites or remains that are not scheduled may also be important to the National Park or to parts of the Park and its communities. 3.22. There are also many buildings of architectural or historical importance that are not listed but play an important role in defining sense of place and local history. In addition to the built heritage and archaeological remains that are known, many other sites are likely to stay hidden until survey identifies them or development disturbs and identifies them. Scheduled ancient monuments and other archaeological features are given protection through the General Policies of the Local Plan and through Policy 5 which also sets out how the planning authority will determine the effects of a development proposal on an archaeological site. Policy 5: Archaeology Development that would have an adverse effect on a Scheduled Ancient Monument or other identified nationally important archaeological site, or on their setting will not be permitted. The impact of development on other archaeological sites, or their setting, will need to be assessed by the Local Authorities’ Archaeological Services to determine the site’s importance. The assessment will inform the planning authority’s decision on whether the remains, the site or its setting require preservation in situ or whether excavation and recording prior to development is preferred. Where it appears likely to the planning authority’s archaeological service that there may be archaeological features of interest on a proposed development site that are not known about, the developer will be required to survey the site for archaeological features prior to the determination of the application. 14 Ancient Monuments and Archaeological Areas Act 1979 15 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. http://www.legislation.hmso.gov.uk/acts/acts1997/1997009.htm Page 23 3.23. The information on Scheduled Ancient Monuments, Listed Buildings, the NMRS, Local Authorities’ SMRs and the Historic Landuse Assessment are used to help identify whether a development proposal is likely to affect an existing site or its setting. These sources of information can also be used to help predict whether archaeological remains are likely to have survived in a potential development site and hence whether archaeological survey of the site may be required. 3.24. Listed Buildings and Conservation Areas give some protection to structures and areas of our more recent history. The National Park has four Conservation Areas in Ballater, Braemar, Inverey and Grantown-on-Spey. A number of other communities in the Park have their own areas of historic and architectural interest that contribute to their special character and identity, and could fulfil the requirements of a Conservation Area. 3.25. The National Park has 424 listed buildings, of which 31 are category ‘A’ buildings of national importance. The remaining listed buildings are of more regional or local interest, but are also very important to the identity of the Park. The National Park also has many buildings from the 19th and 20th centuries that exhibit local architectural styles and building techniques. This vernacular architecture is an important part of the Park’s cultural heritage and should be maintained where possible. Policy 6: Listed Buildings Development that would affect a Listed Building or its setting in the National Park will only be permitted where it is demonstrated that the proposals seek to preserve the building, its setting and any features of special architectural or historic interest it may possess. All proposals for development or works in or affecting a Listed Building must follow the Memorandum of Guidance on Listed Buildings and Conservation Areas16 and must be of the highest quality in terms of respecting the character of the conservation area or listed building, setting, scale, design and materials. Proposals for alterations, extensions or changes of use to listed buildings that would secure a viable long-term use of the building while maintaining its original architectural and historical interest and integrity will be supported. Policy 6A: Demolition of Listed Buildings Proposals for the total or partial demolition of a listed building will only be supported where it is demonstrated beyond reasonable doubt that every effort has been exerted by all concerned to find practical ways of keeping it. This will be demonstrated through: a) marketing at a reasonable price reflecting its location, condition, and best possible viable uses, without finding a purchaser; and b) verification of a thorough structural condition report. 16 Historic Scotland 1988, Memorandum of Guidance on Listed Buildings and Conservation Areas Page 24 Policy 7: Conservation Areas All Conservation Areas in the National Park will be protected through the refusal of planning permission, conservation area consent or listed building consent, against works that would have a detrimental effect on their special character. All proposals for development or works in or affecting a Conservation Area must follow the Memorandum of Guidance on Listed Buildings and Conservation Areas17 and must respect the character of the through appropriate siting, design, materials and scale. Trees which have amenity value within a conservation area must be preserved. Proposal 2: New Conservation Areas within the National Park The National Park Authority will consult local communities on the potential for designation of Conservation Areas in Tomintoul, Kingussie and Newtonmore. Policy 8: Locally distinctive and vernacular architecture Development that would result in the unnecessary demolition or insensitive alteration of vernacular buildings or other locally distinctive architecture that contribute to the character and amenity of the surrounding area will not be permitted. The alteration and extension of vernacular buildings that are not listed or within Conservation Areas will be permitted where the works will not significantly alter the character of the structure. 17 Historic Scotland 1988, Memorandum of Guidance on Listed Buildings and Conservation Areas Page 25 Other Local Cultural Heritage Features Affected by Development 3.26. Many other features or sites that have local cultural importance or interest receive no legal protection. Features such as wells, war memorials, caves, trees, traditional places of recreation, viewpoints, bothies, ruins or places mentioned in folklore are all material parts of the National Park’s cultural heritage. 3.27. These features may not be protected from removal or destruction by law, but the planning system can help to ensure they are not lost unnecessarily to development by taking them into account in decisions where they are known about. There is no exhaustive or comprehensive list of such features and while some will be well known to the National Park and Local Authorities, only a few members of a community may know about others. Policy 9 therefore relies on the public and Community Councils informing planning authorities of any sites of local cultural importance. Policy 9: Local Cultural Heritage Features Development that would result in an adverse impact on a known local cultural site or feature, or its setting will only be permitted where the developer takes satisfactory measures to avoid, minimise and mitigate those impacts Page 26 Water 3.28. Management of the water resource of the National Park is important to people and to ecosystems both within and outside the Park boundary. Water is used in all developments where people live or work. This water use can affect the wider water environment and must be managed to maintain or improve quality throughout all water bodies and their associated ecosystems. 3.29. The need for management of the water environment has been reinforced by the EC Water Framework Directive, which established a legal framework for the protection, improvement and sustainable use of all water bodies across Europe. The Water Environment and Water Services (Scotland) Act 2003 implemented the Directive in Scotland. 3.30. The Water Framework Directive introduces a number of new measures to ensure a higher standard of care for the water environment, including the production of River Basin Management Plans (RBMPs). The Local Plan will continue to play an important role in maintaining the quality of the water environment, through ensuring development is located in areas and developed in ways that will reduce water use, enhance quality and support sustainable flood management. 3.31. The Local Plan policies seek to protect, manage and enhance the water environment of the National Park and the surrounding areas that rely on water from the Park. It also influences water supplies, quality and flood risks through sensible siting of new development and the management of surface waters and treatment of waste waters. The General policies of the Local Plan help to protect designated water bodies and those aspects of the water environment that are associated with the special qualities of the National Park. Policies 10 to 14 set out in detail how development proposals that can affect the water environment in the National Park will be considered. They cover both issues relating to the physical water environment and the aesthetic aspects of the National Park’s water bodies. Policy 10: Protection of the Water Environment Developments or engineering works, including “in river” and river bank works, will not be permitted if they would adversely affect the water quantity, quality, hydrogeomorphology or aquatic ecology of the water environment, including groundwater. Page 27 Policy 11: Water Supplies Developments will not be permitted if they would adversely affect public or private water supplies or water treatment works. Within areas served by a public mains water supply, new development will only be approved where it can be connected to the public system. In areas that are not served by the public mains water supply, development will be permitted where the identified private supply is certified by the Local Authority’s environmental health department as of adequate volume and fit for consumption and where the new or additional abstraction will not lead to a reduction in supply or quality for existing users. All new development proposals will be required to incorporate water-use minimisation measures, in line with the CNPA Sustainable Design Guide & Assessment.18 Policy 12: Foul Water Drainage Within areas served by public sewerage systems, new development will be approved where it can be connected to the public system, either directly, or via an additional treatment facility that is provided by the developer and that is agreed with both Scottish Water and SEPA. In areas that should be served by the public sewerage system but where development is constrained indefinitely by a lack of capacity and commitment to increase capacity, development will be permitted where private infrastructure can be installed and used without adverse impacts on public health, other existing users or the wider environment and is to a standard agreed with both SEPA and Scottish Water. Where this is the case, preference will be given to the use of shared facilities. In areas that are not served by the public sewerage system, development that requires private infrastructure, including septic tanks, will only be permitted where the infrastructure can be installed and used without adverse impacts on public health, other existing users or the wider environment and is to a standard agreed with both SEPA and Scottish Water. Where this is the case, preference will be given to the use of shared facilities. 18 CNPA Sustainable Design Guide & Assessment: this will be developed over the summer of 2005 and consulted on in autumn 2005. Page 28 Policy 13: Surface Water Drainage New development that will produce surface water discharge will only be permitted if it incorporates Sustainable Urban Drainage Systems (SUDS) to treat surface waters separately from foul water. SUDS should incorporate measures to support policy 3 and follow the ‘Sustainable Urban Drainage Systems - design manual for Scotland and Northern Ireland’19. This policy will also apply to the need for interceptors for grit, oil and salt in road infrastructure. 3.32. Scottish Planning Policy 7 (SPP7), Planning and Flooding, provides the Scottish Executive’s policy on planning and flooding. It states that development on functional flood plains (areas where there is a greater than a 0.5% chance of flooding in a year, or the limit of the so-called “1 in 200 years” flood) should not be allowed. The SPP sets out a flood risk framework that is reflected in policy 14. Policy 14: Flood Risk and Management Proposals for development in areas considered to be at risk from flooding will only be permitted where the applicant provides a flood risk assessment that is satisfactory to both SEPA and the planning authority. The assessment must demonstrate that any risk from flooding can be satisfactorily mitigated without increasing flood risk elsewhere. The following standards of protection, taking account of climate change, will be applied: a) in areas of little or no flood risk (less than 0.1% annual probability), there will be no constraint on development; b) in areas of low to medium flood risk (0.1%- 0.5% annual probability), essential civil infrastructure such as hospitals, fire stations, or emergency depots, will only be permitted if they are capable of being operational during extreme flood events; c) in areas of medium to high risk (the functional floodplain or other areas with 0.5% or greater annual probability), essential civil infrastructure such as hospitals, fire stations, emergency depots, schools or ground based electrical or telecommunications equipment will not generally be permitted. These areas are also generally unsuitable for other development including residential, institutional, commercial and industrial development except within already built-up areas that have flood prevention measures in existence, under construction, or planned for the future. 19 CIRIA 2002 Sustainable urban drainage systems - design manual for Scotland and Northern Ireland. prepared on behalf of SEPA. Page 29 Mineral resources 3.33. The need to extract some minerals for development, and the economic benefits gained from extraction and processing minerals need to be particularly carefully considered in the National Park. The Cairngorms National Park and its immediate surroundings have a market need for a number of mineral products, principally aggregates for the construction industries, which can be met by local mineral workings. However, mineral extraction can have a wide range of negative environmental impacts that may harm the special qualities of the National Park. 3.34. The General Policies of the Local Plan restrict development that would have a significant adverse effect on the special qualities of the National Park. The size, scale and location of mineral development proposals will therefore be an important consideration in planning decisions. 3.35. Although the main mineral resources currently extracted commercially are sand, gravel and hardrock, in the future, other deposits may become commercially viable. Policy 15 safeguards mineral resources that may have a future commercial extraction value. Policy 15: Safeguarding mineral resources Development likely to sterilise workable mineral reserves will only be permitted where: a) there is no alternative site for the development; and b) the opportunity has been provided for the extraction of the mineral resources before the development commences. 3.36. Policy 16 set sets out the conditions where mineral extraction, processing and recycling will be permitted within the National Park. Its aim is to allow for minerals development to service the needs of the National Park and its immediate surrounding areas, but not for markets elsewhere in Scotland or the UK. The impacts of the proposal on the National Park will be assessed through the General Policies. Policy 16: Mineral Extraction and Processing Proposals for new mineral extraction, processing or recycling developments or extensions to existing mineral developments will only be permitted where the developer can demonstrate the market within the National Park for which the extracted or processed material will be used. In all cases where mineral developments are permitted, the planning authority will require agreed restoration, aftercare and after use measures to be guaranteed by a bond. 3.37. Policy 16, combined with the other policies in the Local Plan replaces the policies on mineral extraction that were suggested in the Consultation Draft version of the Cairngorms National Park Interim Planning Policy 4: Mineral Workings. Page 30 Peat 3.38. The Cairngorms National Park area has large areas of mire and fen that store and create peat. These accumulations of peat may be active (forming peat), or non-active, and occur both as blanket bog over gentle slopes on the hills and within topographic hollows and on valley sides on lower ground. The rarity and range of species and associated plant communities on these areas of mire, and their history of formation and use make them both ecologically and culturally important. The best areas of mire are designated as SSSIs and candidate SACs for protection. Many other areas are not designated but remain an important resource and a European Priority Habitat. 3.39. In addition to the direct ecological value of the peat-forming habitats, all areas of peat play a role in the world’s climate through storing carbon. The removal or disturbance of peat allows release of carbon to the atmosphere which may contribute to global climate changes. The complex hydrological systems that allow peat to form are easily altered through operations that modify areas of peat or their ability to retain water (e.g. drainage, forestry, engineering works). Such actions can have extensive impacts on the peatland habitats, and may have indirect effects over much larger areas of mire than simply in the vicinity of the operation. 3.40. Domestic peat cutting has been a traditional activity in parts of the Cairngorms National Park area. The practice has declined to become a relatively small scale activity with only a few participants. Commercial extraction of peat for sale involves large scale stripping of layers of peat using machinery. The practice removes peat far faster than it can form, and is visually unattractive, ecologically destructive and releases a large amount of Carbon Dioxide into the atmosphere which can contribute to global climate change. There is one commercial peat extraction operation within the National Park, and the Cairngorms Biodiversity Action Plan notes that it is not a significant threat to the habitat within the Park at its current level. Policy 17: Commercial Peat Extraction Proposals for new areas of commercial mechanised peat extraction will not be permitted within the Cairngorms National Park. 3.41. Policy 17, combined with the other policies in the Local Plan replaces the policies on commercial peat extraction that were suggested in the Consultation Draft version of the Cairngorms National Park Interim Planning Policy 4: Mineral Workings. Page 31 Contaminated Land 3.42. Contaminated land is land where current or previous land uses have lead to a local build up of pollutants in the ground. There may be sites with the Cairngorms National Park where current or previous uses have lead to contamination or suspected contamination. It is unlikely that this is a significant issue in many parts of the Park, but Policy 18 outlines how development proposals for sites that are known to be contaminated, or are suspected of being contaminated will be dealt with in the National Park. Wherever possible, contaminated land should be restored to remove potential threats to human health or natural systems within the Park. The local authorities have strategies for the identification and treatment of contaminated land, and SEPA can also provide advice on the identification and treatment of contaminated sites. Policy 18: Contaminated Land Proposals for new developments on land that is contaminated, or suspected of being contaminated, will be approved where: a) investigations and assessments are undertaken to identify actual or potential significant risks to human health and safety associated with the current condition of the site, and how contaminants currently interact with the surrounding ecosystem and the Park’s special qualities; and b) assessments are undertaken to identify actual and potential impacts, on-site and off-site, of all stages of development proposals on the risks to human health and also to the Park’s biodiversity, geodiversity and other special qualities; and c) effective remedial action, including action controlling and limiting the release of contaminant to the surrounding environment, is taken to ensure that the site is made suitable for the development proposal use and potential reuse by other development, and that there are no significant detrimental effects on the Park’s special qualities on-site or off-site. Page 32 Waste Management 3.43. This Local Plan will seek to promote more careful use of our natural resources and to produce less waste. The constituent local authorities are effectively the ‘waste management authorities’ but this Local Plan will seek to work with them and SEPA in the development and implementation of their Area Waste Plans/strategies, and seek to reduce the amount of waste which is produced within the Park. The current national framework for waste management is as follows: The National Waste Strategy sets out a framework within which Scotland can reduce the amount of waste it produces and deal with the waste that is produced in a more sustainable way. It covers all household, commercial and industrial waste. The National Waste Plan is the keystone to implementing the National Waste Strategy. Launched by SEPA and the Scottish Executive in February 2003, this document outlines how we can achieve increased levels of recycling and an overall reduction in the amount of waste we produce by 2020. Its publication followed extensive research and consultation by SEPA in partnership with local authorities, the waste industry and community groups. More than 85% of the waste produced in Scotland is sent directly to landfill – a massive misuse of resources and a major source of greenhouse and other gases. The National Waste Plan aims to reduce this practice and outlines how we can work towards a culture of reducing, reusing and recycling our rubbish. It sets out the best practicable environmental option (BPEO) for municipal waste for each of 11 Waste Strategy Areas and describes actions at a national level to improve the management of non-municipal solid waste. The National Waste Plan brings together Area Waste Plans (AWP) for the different Waste Strategy Areas. The Scottish Executive has allocated over £350 million to the Strategic Waste Fund to help local authorities develop the infrastructure needed to implement these plans. Almost 13% of Scotland’s municipal waste is currently recycled or composted. The National Waste Plan sets a target of recycling or composting 25% of the waste collected by local authorities by 2006, and 55% by 2020. A range of activities in local communities across the country is helping Scotland move towards meeting these targets, with over a million Scottish households now benefiting from a kerbside recycling service.20 3.44. There are three Waste Strategy Areas that are each partially covered by the CNP area: Highland; North-East (Moray and Aberdeenshire) and Tayside (Angus). They all have individual AWP targets [which are listed in table 3.1 below] as well as lists of BPEO’s. 20 This boxed section, and subsequent AWP targets are taken from SEPA’s website : sepa.org.uk ; on 20th June 2005. Page 33 Table 3.1 Area Waste Plan Targets Waste Strategy Area % sectors of AWP for 2010 (2020) Highland MSW Recycling (31) Composting (13) EfW 27 Landfill (29) North-East MSW Recycling 26 (29) Composting 21 (21) EfW 20 (17) Landfill 33 (32) Tayside MSW Recycling 19 (33) Composting 11 (14) EfW 31 (29) Landfill 39 (24) (average) MSW Recycling 25 (31) Composting 15 (16) EfW 26 (24) Landfill 33 (28) MSW=municipal solid waste; EfW=energy from waste 3.45. It is unfortunate that each of the 3 areas has a different set of targets, thus making it difficult to implement a consistent approach across the Park, but the CNPA will work in partnership with SEPA and the local authorities towards the achievement of their targets, as well as promoting community schemes. Every community area should ideally have facilities for recycling waste materials such as glass, paper, plastic, tins/cans and clothing; facilities for community composting are also desirable. 3.46. This Local Plan will seek ways to minimise the production of waste materials which cannot be re-used, recycled or combusted to provide energy. Policy 19: Waste Management a) Municipal Solid Waste: this Local Plan will support the local authorities to meet their Area Waste Plan targets, and surpass them where possible; every community area should have a recycling collection point as a minimum facility. b) Community composting schemes: this Local Plan will support the development of (appropriately sited and designed) local composting facilities, preferably as community ventures. c) Energy from Waste: this Local Plan will support the development of (appropriately sited and designed) energy from waste proposals, especially where there is a community benefit. d) Landfill sites: There will be a presumption against the development of new landfill sites within the CNP; proposals for the extension of existing sites may be considered but will require a full EIA for consideration. When a landfill site becomes full/redundant, detailed proposals will be required for its site restoration, after-care and after-use.21 21 NPPG 10 Planning and Waste Management; s99. Page 34 Energy 3.47. The second aim of the Park is ‘to promote sustainable use of the natural resources of the area’; this is a wide ranging remit, which will be addressed by various Local Plan sections as far as it relates to planning. This Local Plan will seek to promote more careful use of our natural resources generally, and through this particular policy the more sustainable use and generation of energy. 3.48. The CNPA Sustainable Design Guide will set-out further details and criteria for energy efficient design.22 Policy 20: Energy Efficiency and Saving Energy Efficency & Saving: All new proposals for development will be required to show energy-saving measures and levels of energy-efficiency in the design; these must comply with the forthcoming CNPA Sustainable Design Guide: Some best practice examples include: a) Siting, orientation and layout of developments to maximise passive solar gain, light and shelter. b) Implementing renewable energy and energy-recycling technologies. c) Designing to the highest standards of energy efficiency and insulation. Policy 20A: Transmission & Distribution Infrastructure All new cabling for power and telecoms should be routed underground. 3.49. The issue of renewable energy is covered in detail by CNPA Interim Planning Policy No.1.23 In general there will be a presumption against the development of large commercial wind-energy and hydro-electric schemes. Centralised renewable energy developments, such as biomass plants, will be favourably considered if appropriately sited, designed and serviced. Small scale/micro-renewable energy schemes, for domestic or community purposes, will be similarly viewed and encouraged. The following policy covers the general points that will be addressed in more detail by the forthcoming Supplementary Planning Guidance. Policy 21: Energy from Renewables a) There will be a presumption against the development of new commercial wind-farms or hydro-electric schemes within the Park. b) This Local Plan will strongly support the development of community or domestic small-scale/micro renewable energy projects. c) Commercial projects such as biomass or bio-fuel developments will be considered subject to a full assessment of their impacts. 22 CNPA Sustainable Design Guide & Assessment; this will be developed over the summer of 2005 and consulted on over autumn 2005. 23 Interim Planning Policy No.2: Renewable Energy; this will be out for its Draft 2 consultation in late 2005, prior to adoption by the CNPA Planning Committee as Supplementary Planning Guidance. Page 35 Transport 3.50. Integrated transport and communications are vital to allow every community and visitor access to services, facilities and jobs within (and outwith) the National Park. Access to public transport may be a particular problem for the remoter and dispersed communities, both logistically and economically, but there should at least be a local service which can be connected to, for access to local services. Car-use is generally essential for transport remote rural areas; the options for ‘community cars’ and car-sharing should be considered and developed. 3.51. An aim of this Local Plan, and the subsequent CNPA Core Paths Plan, will be to increase access to a comprehensive pathway system across the Park. 3.52. The unnecessary proliferation of roadside signage in some parts of the National Park is an issue which needs to be tackled. This may be addressed by a future study of key tourist routes to rationalise existing signage and help co-ordinate future signage. Policy 22: Integrated Transport Network a) Public transport: The CNPA will promote the co-ordination and development of an integrated public transport strategy across the Park24. Proposals for the upgrading/development of passenger facilities will be favourably considered. Any new development proposals may be required to make a contribution towards public transport facilities and/or be accessible by public transport. b) Walking & Cycling: New development should either be connected to an existing pathway system or should make provision for a new connection to such, as appropriate. Access to a pathway network can greatly enhance public amenity and standards of living, as well as providing valuable facilities for visitors. c) Road Network & Facilities: The CNPA will work closely with local authorities, in developing/supporting their road maintenance and upgrading programmes, as well as the Scottish Executive with regard to trunk roads. Parking is a significant issue which must be addressed along with the road network; there should be adequate parking provided in town centres, at viewpoints, at rest lay-bys and for commercial/freight vehicles. d) Roadside Signage. Some areas do suffer from a proliferation of road-side signs, whether for attractions, directions or a combination; an agreement is required with the relevant authorities for the rationalisation and co-ordination of signage across the Park area. Proposals for new signage must comply with future CNPA study & guidance. All proposals should maintain and enhance the vitality & viability of the Park’s communities. 3.53. The A9 is the principal traffic route through the Park, linking Perth and Inverness; a long-standing policy which restricts roadside facilities has been 24 The Cairngorms Explorer: a combined public transport and access timetable/guide. Page 36 in place to safeguard similar services in the towns which have been bypassed by the A9 25. This is also included in NPPG17: Transport and Planning, although we understand this is to be removed when SPP1726 is issued in its place. 3.54. The viability of services, such as petrol stations and cafes in by-passed communities, may be compromised by the development of roadside-services. The development of roadside visitor information facilities, however, may encourage people to stop within the Park, and visit the neighbouring towns and attractions that are by-passed by the A9. Any proposals must be sensitively designed to suit what may be open and prominent sites. Policy 23: Roadside Facilities on the A9 The planning authority will support the development of suitably designed and sited roadside information & picnic facilities, to enable travellers to stop and get details of the Park’s attractions and the services available in local communities, where it can be demonstrated that there will be no adverse impacts on the services and businesses of nearby towns and villages. 25 Highland Council Structure Plan 2001; Policy TC8. 26 SPP 17 (Scottish Planning Policy) will replace NPPG 17 (National Planning Policy Guideline. Page 37 Upland Vehicle Tracks 3.55. Most estates already have existing networks of upland paths and roads. New or enlarged vehicle tracks, which are often poorly designed and formed by large mechanical plant, can create a highly visible scar on the landscape. These in turn can cause environmental damage to flora and fauna, as well as erosion and drainage problems. There shall therefore be a presumption against the development of new tracks. 3.56. Under National Planning Policy, all new tracks within National Scenic Areas (NSAs) require planning permission, and outwith NSAs require planning permission unless they are for agricultural or forestry purposes27. 3.57. The issues regarding upland tracks were previously addressed by ‘CNPA Interim Planning Policy No.3, Vehicle Hill-Tracks’. The following policy should be read in conjunction with SNH’s Good Practice Guide for Upland Tracks. Policy 24: Upland Vehicular Tracks There will be a general presumption against the development of new vehicle hill-tracks, or upgrading/extensions to existing tracks, within the National Park. In exceptional circumstances, new tracks may be considered if all of the following criteria are met: .. The proposal can be demonstrated as vital for the efficient working of the estate/farm, and there are no existing tracks which can be utilised. .. There are no significant adverse environmental impacts on flora, fauna, habitats, drainage and landscapes/landforms which cannot be satisfactorily mitigated against. The track does not cross a designated site and cultural heritage issues (e.g. historic drove-roads or military roads) are carefully considered and protected. .. The track is constructed and maintained in line with SNH’s Good Practice for Upland Vehicle Tracks. .. It would not adversely affect the amenity of existing public access; new tracks should give consideration to public access in their design (e.g. via stiles, signage). Steps should be taken to ensure that tracks which are no longer required are reinstated to an approved natural condition/reduced to footpath width. 27 Unless they’re part of an approved afforestation scheme. SDD Circular 20/1980 ‘Development Control in National Scenic Areas’. Page 38 Radio Telecommunications 3.58. For telecommunications proposals, siting and design are the key issues to be addressed by the planning system; the visual & landscape impacts are likely to be the most important aspects for the National Park, as well as other environmental considerations. 28 3.59. The issues regarding Radio Telecomms were previously addressed by ‘CNPA Interim Planning Policy No.2: Radio Telecommunications’. Policy 25: Telecommunications Radio Telecommunication proposals will be permitted where all of the following criteria are met: 1) The proposal has no adverse impact on the natural and cultural heritage of the Park or its landscape, from any of its works, or through cumulative impact; the siting and design must minimise the visual and environmental impacts (e.g. flora, fauna or habitats, with particular attention to designated sites). 2) There is an established operational need to justify the location proposed. Existing masts, sites and other structures cannot be shared; a justification is required. A new mast should be structurally capable of being shared by additional telecom systems, without adversely affecting the visual impact of its design (e.g. making the mast structure bulkier). 3) Alternative sites have been investigated. 4) Any associated buildings/infrastructure, including access tracks and fencing, should be designed and sited to minimise visual and environmental impacts. All related power-lines will be routed underground. 5) No advertising signage or logos, or non-safety lighting, may be included with the development. 6) All redundant equipment and infrastructure* is to be removed at the end of their lifespan, within 6 months of decommissioning, and the site reinstated to an approved natural condition. *Including access tracks. A bond may be required as part of the planning permission, to cover reinstatement works. 28 Refer to NPPG 15: Radio Telecommunications and PAN62: Radio Telecommunications. Page 39 Agriculture & Crofting 3.60. The dominant land uses within the settled valleys of the National Park are farming and crofting. The National Park Plan identifies objectives to maintain a productive and viable agricultural sector, encourage the continued development of crofting and make land available for those who wish to farm. The Local Plan can support these sectors by supporting diversification and the continued management of the land. 3.61. Policy 26 supports development on agricultural or croft land that secures the long term agreed management of the agricultural or croft land. The policy is designed to both secure long term management of land mainly through encouraging development related to diversifying or improving the viability of the farm or croft business. In all cases, the proposals would need to conform with the general policies and other policies in the Local Plan. Policy 26: Development on farming and crofting land Proposals for development to diversify or increase the viability of the farm or croft business on farming or crofting land will be approved subject to conditions or agreements to secure the appropriate long term agricultural management of the farm or croft unit. Page 40 Recreation & Access 3.62. The Cairngorms National Park is a popular venue for a wide range of recreational activities both organised outdoor sports and informal activities. From hillwalking and mountaineering to skiing, canoeing, cycling, horse riding, dog walking and golfing, the Cairngorms National Park can provide opportunities for most recreational pastimes that are possible in Scotland. As long as these activities are conducted in a ‘responsible’ way, most can be done without conflict with land managers, other recreational activities or significant disturbance or harm to wildlife. 3.63. The Land Reform (Scotland) Act 2003 gave everyone in Scotland a statutory right of responsible access to most land and water. The Act also requires Access Authorities (The Cairngorms National Park Authority being the access authority for the Park) to both uphold the public’s access rights and to identify a system of paths (‘core paths’) for the purposes of giving the public reasonable access throughout their area. 3.64. Rights of way and core paths are protected through general policy 2, but public access rights in all their forms are protected by policy 27. The National Park Plan will contain an access strategy for the Cairngorms National Park that will set out how the National Park Authority and partners will promote and manage access across the Park. Policy 27: Access Rights Development proposals which would result in a significant loss to the public of access rights, or loss of linear access such as core paths, rights of way, or other paths, or loss of access to inland water will only be permitted where an appropriate or improved alternative access solution can be secured. 3.65. In addition to the informal recreation activities that are supported by the public right of access and the management of paths and tracks for recreation, the Park has a number of formal outdoor recreation centres that are located outside of the settlements in the Park. The ski centres at Cairngorm, the Lecht and Glenshee are the largest of these facilities, but the watersports centres at Loch Morlich and Loch Insh, and the National Outdoor Training Centre at Glenmore Lodge are also important facilities. 3.66. The three ski centres, which are all situated on land where general policies 2 or three apply, are all vulnerable to changes in climate and are all constrained from significant expansion by natural heritage designations. They are also visually prominent in the landscape and require careful management to minimise the effects of skiers and other users during winter and summer. 3.67. The National Park Authority recognises the economic and recreational benefits that these centres provide for the National Park’s residents and visitors, and Policy 28 supports appropriate diversification of the centres to develop year round activities based on the high quality environment of the Cairngorms area. Page 41 Policy 28: Large Outdoor Recreation Centres Development proposals for the provision of additional outdoor recreation facilities, diversification of outdoor recreation-related business activities, or for the enhancement of facilities in terms of quality and design at existing outdoor recreation centres will be supported where they demonstrate best practice in terms of sustainable design and business. Proposals for new ski tows at existing ski centres will only be permitted within the existing ski areas. Extensions to ski areas will not be permitted. Page 42 Tourism 3.68. As one of the principal drivers of the Park’s economy, a healthy tourism industry is vital to most communities, as well as to the Park’s aims. It also covers a diverse range of activities and development, which is why it is not included within the Business & Economic policy section. There is a need to develop and maintain the range and quality of visitor attractions and facilities to satisfy visitor aspirations and expectations, and to attract more visitors to the area ~ and to stay for longer. 3.69. Sustainable Tourism: At its simplest, sustainable tourism can be said to be tourism that takes account of its current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and host communities. Making tourism more sustainable means taking these impacts and needs more fully into account in the planning, development and operation of tourism. The CNPA has been awarded the European Charter for Sustainable Tourism in Protected Areas. 3.70. Significant tourism developments should generally be located within or adjacent to existing settlements, where there is service and infrastructure capacity; all proposals which require a site-specific countryside location will require to provide a comprehensive justification for the position, as well as a sustainability impact appraisal. Countryside locations will potentially be ideal for the development of eco-tourism projects, which are likely to be appropriate for the National Park context. Whether within settlements or in the countryside, proposals must be of a very high quality standard, with no significant adverse impact on residential amenity or on the Park’s natural and cultural heritage. Policy 29: Tourism Development Proposals for new or enhanced tourist related facilities/attractions will be favourably considered, where they: Enhance the range and quality of tourism attractions and facilities on offer, and/or lengthen the tourist season, with a beneficial impact on the local economy; any change-of-use within the tourism sector should not adversely affect the quality of standards provided. Proposals should pay particular reference to the ethos of the European Charter for Sustainable Tourism in Protected Areas. All proposals should maintain and enhance the quality of the visitor’s experience, and the long-term viability of the local tourism industry; any proposal which would reduce the tourist facilities of an area, will be resisted unless the effect can be compensated for/mitigated against. 3.71. A good range and quality of tourist accommodation is vital to a healthy tourism industry. While there is already a large amount of such accommodation within the Park, there may be a need for an enhancement of its quality and range. Every community within the Park should ideally be able to offer a complete range of accommodation to keep visitors within the area, from high quality B&B’s/hotels to bunkhouses, campsites and self-catering. There may be opportunities for rural diversification to plug any gaps in the market. Page 43 Policy 30: Tourist Accommodation a) Camp sites: Proposals for the development of new camp-sites, or enlargement of existing, will be permitted on the basis of them making a minimal impact on the environment and landscape. Basic amenities should be provided, but principles of eco-tourism should be applied. b) Caravan parks: Proposals for new caravan parks will not be permitted on undeveloped sites within the Park. Extensions to existing sites may be permissible, but not for static-caravan use. Landscaping and tree-screening will be required. Caravan parks make a considerable visual impact on the landscape and community in which they are sited, and require sites to be levelled and cleared of most of their vegetation, as well as requiring considerable areas and installation of services. c) Chalets/time-share: Proposals for chalets/timeshare, which are most likely going to be in rural/semi-rural locations, should be sited to minimise their impacts; developments screened by woodland settings are preferred. d) Hotels/B&B: Proposals should not have an adverse impact on existing residential amenity, and should be of a scale which respects their setting/context. Any proposal for the change of use of a hotel must demonstrate there is no viable future for its use as such. e) Self-catering/bunkhouses: redundant or derelict buildings can often be utilised for a variety of self-catering purposes; planning conditions will be attached to any permission to restrict their use for tourism purposes, and not for permanent residential accommodation. f) Provision of staff accommodation must be provided by all large tourism developments, given the general shortage of affordable accommodation in the Park area. Page 44 Town Centres and Retailing/Commercial Business29 3.72. The long-term viability of existing retail/commercial centres, and village shops, will be supported by the CNP Local Plan; their vitality and service is often pivotal to the heart of a healthy community. Aviemore, as the Park’s largest and most active commercial centre, has its own policy and development master-plan, which the CNPA will shortly be updating. Retail/commercial proposals outwith established settlements should be for a specific purpose relative to that site, otherwise they should consolidate existing centres. Policy 31: Proposals for Retail/Commercial Development a) New proposals for retail/commercial developments will be favourably considered within existing settlements; where the settlement has an existing retail centre, proposals should consolidate this. Many of the Park’s villages & towns will have a traditional ‘High Street’ where most of the shops and businesses are located. This pattern should be continued and enhanced. b) Any proposal to change the use of a retail/commercial property to another use (e.g. housing) will be strongly resisted, unless continued use can be proven un-viable. Once a property has been converted from retail/commercial use it is most likely lost forever; potential for retail/commerce use should not be reduced within our village centres. c) Use of the upper floors of retail/commercial properties for residential and non-residential purposes will be supported, subject to amenity considerations. Active use of upper premises will add to the visual and economic vitality of village centres, providing the use is suitable. d) Where a community has a single retail/commercial unit, this will be strongly supported, and any loss or change resisted. Many smaller communities may only have a single shop/Post Office which provides a vital service and amenity, especially for people with no car or access to public transport. Where a local shop’s survival is threatened, the CNPA will assist alternative schemes to keep it open, including supporting a community co-operative. e) Outwith Settlements, proposals for retail/commercial development will be permitted for proposals which are for a specific operation relative to that site; general development should normally be located within a local retail/commercial centre. Existing retail centres/locations within settlements should be supported and consolidated. If a particular retail/commercial proposal can justify a specific rural location, and will have no adverse impact on an existing retail centre, then permission may be granted. All proposals should maintain and enhance the vitality & viability of the existing retail centre, or in smaller centres do so for the community itself. 3.73. Aviemore has the largest and most active retail/commercial centre within the Park, along with high levels of other types of development. As such a master- 29 Use Classes 1-3 are applicable; The Town and Country Planning (Use Classes)(Scotland) Order 1997. Page 45 plan will be developed to guide development within the town; in retail/commercial terms, this will allocate the areas where such development should be focused, as well as size limits for development and the need for retail impact studies. Large-scale developments within Aviemore should not threaten the viability of the existing retail sector in Aviemore or smaller shops in the rest of Badenoch & Strathspey. Policy 32: Proposals for Retail/Commercial Development in Aviemore New proposals for retail/commercial developments will be favourably considered within Aviemore where they conform with the Aviemore Development Master-Plan. Within such a vibrant and active market, retail/commercial developments must be carefully co-ordinated to consolidate the existing centre and ensure a balanced and varied centre. Retail impact assessments may be required to ensure that a new proposal will not have an adverse impact on the immediate locale, or on the shops in surrounding villages. Policy 33: Proposals for Large-Scale Retail/Commercial Development New proposals for retail/commercial proposals with a gross floorspace over 1000m² , including extensions to existing, will require a retail impact and transport assessment to accompany their application. Policy 34: Improving the Town Centre Environment Any proposal to alter or develop a commercial property will be required to demonstrate how they contribute to the following criteria: a) Accessibility: shops and pavements should be designed/altered to make access easy for all, with ramps up to doorways where possible, and dropped kerbs to the pavement; doorways should also be wide enough for wheelchairs and prams/buggys. b) Access to the centre: shops/centres should be accessible to the local community by public transport, with bus shelters for poor-weather waiting. Access by car will also be necessary within rural communities, and adequate parking should be available. Access should also be possible by path networks (with bike parking-racks provided). c) Environmental design: creating an attractive and pleasant shopping environment can greatly enhance the vitality of a centre and its shopper satisfaction. Shop-front and signage design should be of a consistent high quality [this will be covered by the CNPA Sustainable Design Guide]. Design of hard landscaping/street furniture [lamp-posts, bins, pavements etc.] should also be of a consistent high standard; this should be complemented by planting and landscaping. Refer to: NPPG8 Town Centres and Retailing; and PAN59 Improving Town Centres. Page 46 Business & Economic Development30 3.74. To keep people living in the CNP, it is essential that there is access to suitable employment opportunities. The principal employment sectors within the Park are currently: Results from the 2001 Census / Park % Agriculture, hunting and forestry 5.7 Manufacturing; Construction 7.2; 8 Wholesale and retail trade, repairs 12.6 Hotels and restaurants 19.4 Real estate, renting and business activities 9.0 Health and social work; Education 9.7; 6.3 A full list of employment sectors can be viewed within the Park Plan’s State of the Park Report. 3.75. While the overall economic spread is quite diverse, hotels and restaurants stand out as the largest single sector, marking the importance of the tourism industry to the local economy, followed by retail and services. While most employment is likely to be focussed within the Park’s settlements, a considerable number will also be based in the countryside. Adequate sites and opportunities for business should be made available to meet demand and encourage inward investment; existing sites should be protected and enhanced. 3.76. Ideally, every community area should have some provision for business and economic development, whether as small start-up units, or sites where economic proposals can be established. These sites must not have a negative impact on residential amenity however, or adversely affect the character of the settlement. Basic requirements such as lorry/trailer parking should also be considered. 3.77. “Experience from National Parks outwith Scotland indicates that their clean and attractive environment can be a positive influence on the locational decisions of some businesses. Developments should be accommodated where they are appropriate to the purposes and character of the Park. Their siting and design should be of a high quality and support the Park’s image and appearance”. 31 3.78. “Diversification is often most successful where activities are complimentary and carefully targeted. In many cases a new enterprise will be connected to an existing business. It will likely be linked to local suppliers and markets and have strong ties with the community in terms of employment and service delivery”. Housing will most likely be required close to any business activities. “There are some good examples where allowing a limited amount of housing has led to the creation of innovative business opportunities, the re-use of buildings, environmental enhancement and significant employment generation”. 32 30 Use Classes 4-6 are applicable; The Town and Country Planning (Use Classes)(Scotland) Order 1997. 31 Scottish Planning Policy (SPP) 2: Economic Development; sec30. 32 SPP 15: Planning for Rural Development; sec16. Page 47 Policy 35: Proposals for Business & Economic Development a) New proposals for business development will be favourably considered within existing settlement boundaries; where the settlement has an existing business centre/estate, proposals should consolidate such. Many of the Park’s villages & towns will have a business centre/estate/site where most of the businesses are located. This pattern should be continued and enhanced. b) Any proposal to change the use of a business property/site to another use (e.g. housing) will be strongly resisted, unless business use can be proven as permanently unviable. Once a property/site has been converted from business use it is most likely lost forever; potential for business use should not be reduced within our village centres. d) Outwith Settlements, proposals for business development will be favourably considered for proposals which are for a specific operation relative to that site, or, where no suitable sites are available within settlements. Proposals for small workshop units adjacent to existing land based businesses will be favourably considered. If a business proposal can justify a specific rural location, and will have no adverse impact on an existing business centre or an adjacent land-based business, then permission may be granted. e) Home-based working/workshops will be favourably viewed, in line with the general policies. Many small-scale and low-impact business activities can be carried-out from a residential location, particularly when using new technology such as broadband. Business proposals should maintain and enhance the vitality & viability of the local community, local business centre (where appropriate), and the local economy of the Park area. Policy 36: Proposals for Business & Economic Development in Aviemore New proposals for business & economic developments will be favourably considered within Aviemore where they conform with the Aviemore Development Master-Plan. Aviemore has the biggest and most vibrant business sector of the Park’s communities, as well as the highest levels of all types of development. Aviemore continues to require a specific development master-plan. Page 48 Housing 3.79. The Local Plan has a key role to play in allocating sites for housing and providing policies to ensure that the housing built over the next 5 years is what is required to meet the need identified both in local housing strategies and in consultations with communities in the Park. The Local Housing Context: 3.80. Following the first phase of Local Plan consultation, housing has emerged as the largest area of concern in all of the Park’s communities. There are a number of issues: o Overall Affordability. Local people are finding it increasingly more difficult to buy into the housing market as prices escalate way beyond their economic reach. Many people are retiring into the area or commuting to better paid jobs outside the Park. o Second/Holiday homes. In most areas of the Park many homes are being bought as second/holiday homes by those who can afford to pay more than local people. This directly inflates house prices and in some areas the balance between second homes/locally occupied is getting critical. Across the Park second/holiday homes account for 20% of the total housing stock. o Affordable Rental Housing. Whether provided by the local Council or a housing association (Registered Social Landlords ~ RSL’s) or private rented (including the estates, which make up 20% of the rental stock), there is a shortage of housing to rent in most communities. 3.81. This Preliminary Draft Local Plan will not be attributing population/housing need projections/allocations as these are still being calculated for inclusion in the next Finalised Draft of the Local Plan. What we are doing in this draft is zoning the preferred areas for housing, and in the Finalised Draft they’ll be allocated for either short-term (0-5 years) or longer-term (6-10 years) development. Some sites will also be zoned specifically for affordable housing. 3.82. The Cairngorms National Park Authority operates primarily as an enabling organisation in partnership with other statutory and non-statutory organisations. However the vast majority of strategic housing planning functions in Scotland are split between Communities Scotland and Local Authorities. This framework is underpinned by the Housing (Scotland) Act (2001) and recognises the complex nature of the housing system in Scotland. The current key mechanisms for supporting strategic housing planning at a regional and local level are Housing Market Context Statements33 (Communities Scotland) and Local Housing Strategies34 (Local Authorities). Heriot Watt University have completed a housing system analysis study for the Cairngorms National Park to inform the development of the National Park Plan, Local Plan and Housing Strategy. 33 HMCS were first produced in April 2002 and are updated annually. 34 Local Housing Strategies were first submitted by all local authorities in April 2004 and have a five year planning period. Annual updates are also required. Page 49 Housing Market Sub-areas 3.83. The four local authorities in the Park have identified broad housing market sub-areas, some of which are in turn sub-divided as indicated in brackets: .. Highland - Badenoch & Strathspey (Aviemore, Grantown on Spey, Newtonmore) .. Aberdeenshire - Marr (Ballater, Braemar) .. South Moray (Tomintoul) .. Angus Glens 3.84. These areas have different characteristics. North Badenoch & Strathspey, for example, has significant numbers of people commuting to Inverness whereas Ballater/Braemar have large numbers of retired people. Whilst the majority of the population live in settlements, there is a strong tradition of living and working in the surrounding countryside Demographic Change 3.85. The overall demographic change is projecting growth in single person households and an ageing population. There are only two communities in the Park, Aviemore and Carrbridge, where the number of under 16’s exceeds the over 60’s. The lack of demographically balanced populations in towns and villages will be an increasingly significant issue in the Park and housing provision targeted at meeting local needs, along with employment opportunities, is essential if we are to plan for viable, thriving communities. Housing stock and tenure 3.86. The housing system has changed considerably over the past 10-15 years with significant growth in the owner-occupied sector and a slight decline in the private rented sector coupled with a decline in the social rented sector. This has been primarily due to the Right to Buy and a low rate of new build in the affordable housing sector when compared to the private sector. Having said that, the private rented sector is relatively large and more diverse when compared to other areas of Scotland with a significant proportion of tied housing, emphasising the link between employment and housing. House prices and affordability 3.87. The housing need results from the Heriot-Watt study show that the net need for affordable housing per annum is currently 132 across the Park area. This ranges from 10 in the Tomintoul area to 54 in the Aviemore area. These are fairly large numbers and indicate that all the current completions projected through the planning system might require to be for affordable housing. Numerically, the needs are greatest in the Aviemore area, but relative to the existing number of households they are also proportionately high in Tomintoul. Page 50 3.88. The work carried out by Heriot-Watt has identified the number of houses needed to meet the needs of those who would qualify for housing provision from local authorities and housing associations. However, it is clear from consultations to date, as well as comparison of average incomes with property prices in the Park, that there are a large number of people who cannot access open market housing, but who also do not qualify for affordable “social” housing. If people in this category cannot find housing that is affordable to them, either rented or to buy, the future viability of communities will be prejudiced and the economy of the Park will suffer as employers find it more difficult to recruit. Level of housing development 3.89. In recent years house completions have been rising although these are mainly concentrated in the private sector with no restrictions on occupancy. Current projections anticipate approximately 115 completions per annum with a increased proportion of affordable housing within this target. However significant potential constraints primarily in the form of infrastructure, mainly sewerage, have been identified by a number of stakeholders interviewed in the course of the Heriot-Watt study. This estimation of total numbered of completions is clearly at odds with the projected numbers of lower cost affordable required within the National Park in paragraph 3.87 above. 3.90. Scottish Water has been engaged in a significant programme of investment in its infrastructure within the Park, both in terms of water supply and wastewater treatment. This investment has concentrated on improving the quality of discharges rather than increasing capacity. Some wastewater treatment works have a small element of additional capacity, e.g. Deeside, but others have been upgraded to take account only of the level of development which already has planning permission, e.g. Nethy Bridge. Summary of Issues 3.91. Over the last five to ten years, houses have been built at a rate of approximately 115 per year, leading to around 500-600 new houses over the last five years, and an estimation of similar numbers being built over the next five years. However, the Park Authority recognises that there is an urgent need for affordable housing (possibly more than 600 homes over the plan period), with possibly as many people requiring homes to buy but being unable to afford them in the National Park, and with an almost unlimited number of people having the ability to purchase second homes in the National Park. 3.92. A growth of around 600 homes over the period of the Local Plan would mirror past growth and could be argued to be a sustainable level of growth for the area based on past trends. However, it is clear that there is a much greater demand for housing from within the communities already living in the National Park. If the National Park requires nearly 600 affordable homes to rent over 5 years, and those homes are for around the 25% least well off, how many homes are required for the remaining 75% of people? If those 600 homes were assumed to be only 25% of the total needed, it suggests that the National Park would need to build 2400 homes over the next five years. Such a figure is both unlikely to be a sustainable level of urban growth within the National Park, and would represent a four-fold increase in the past and current rates of house building, which is also unlikely to be achievable. Page 51 The local plan strategy for housing 3.93. The strategic context for Local Plan policies is taken from the emerging draft of the National Park Plan, in particular the following strategic objectives: “Increase the accessibility of rented and owned housing to meet the needs of communities throughout the Park There is a need to ensure access to rented and low cost housing in perpetuity. This means identifying sites for housing and prioritising these with our partners in their strategic planning as well as being recognised in their funding programmes. Access to housing could be increased by looking at new and existing properties along with different mechanisms for housing such as the use of local letting initiatives and the use of the rural housing burden to keep rented and home ownership affordable in the long term.” “Ensure there is effective land and investment for market and affordable housing to meet the economic and social needs of communities throughout the Park. The availability of appropriate land and investment in infrastructure and services is key to the provision of housing. To ensure the availability of land and investment in the Park that is consistent with the special qualities of the area, a long-term strategy and partnership is required.” 3.94. The issue for this Local Plan is how to deliver these strategic objectives in terms of policies and site allocations: 1. At one level policies could simply limit housing allowed in the Park to affordable (via housing associations etc.) and local need (i.e. persons who meet certain residency or other criteria). In both cases legal mechanisms would be required to ensure that the housing is retained to meet these needs in perpetuity. Site allocations would specify the type of housing to be developed and outside settlements policies would specify the circumstances where such housing development could take place. 2. Alternatively, policies could allow for some open market housing, but with a proviso that a certain proportion of the total must be affordable or meet local needs. Site allocations would reflect this mixed approach and again legal mechanisms would be required to secure the affordable/local needs housing. Housing in countryside areas would still be subject to policies requiring some justification. 3.95. For the purposes of this draft Local Plan and in order to further gauge opinion on the important issue of housing, we have included several alternative policies for housing within and outwith settlements. Views on these policies will be considered along with the more detailed population projections to produce housing policies for the Finalised Draft Local Plan. Page 52 3.96. This Consultative Draft Local Plan has allocated land for approximately 1200- 1400 homes in the settlement statements in Section 4. Page 53 Affordable Housing 3.97. Ideally, new developments of affordable housing will be located within existing settlements, where there is easy access to basic services and facilities. This policy, however, also makes allowance for affordable housing sites outwith settlement boundaries, e.g. on land or sites being made specifically available by private or public bodies. 3.98. Development of affordable housing in the countryside, while it may lack proximity to services, may however suit a specific local need; permission may be dependent on planning conditions/agreements to remain as affordable housing in perpetuity. 3.99. Affordable provision can include a mix of the tenure options below (indicative list, not exhaustive) and should be based on a specific assessment of local needs at the time of application [by an agreed and approved assessor]: .. social rented accommodation, through a Registered Social Landlord; .. low cost housing/plots for sale for shared ownership, self-build or other subsidised or discounted tenures; and .. some private sector rented accommodation, available at lower cost than market rents, most likely provided by local landowners/estates. Policy 37: Proposals for Affordable Housing New proposals for affordable housing developments will be favourably considered within existing settlement boundaries35, where there is proximity to basic services, and in rural locations where there is a proven specific need. Within Settlements (see Section 4). This Local Plan will either: zone sites specifically for affordable housing; require a proportion of a proposed development to be for affordable housing and/or require a developers contribution towards an enhancement project. The latter two options shall apply to all proposals for 4 or more houses. Developments of affordable housing should be fully integrated within the heart of the existing community, not separated or segregated. Outwith settlement boundaries, proposals for affordable housing developments must meet a proven need for housing in that locality (through a housing needs survey36, and demonstrate that the need cannot be met within existing settlement boundaries). Proposals for single houses may be considered but will also be covered by Policy H3. In all cases, proposals should maintain and enhance the vitality & viability of the existing settlement, or wider community area, and comply with the General Conditions above, and other policies in the plan. Affordable housing secured as part of a larger development should not be of significantly higher density or lower quality, and should be fully integrated within the development. 35 See Section 4 for maps of settlement boundaries. 36 By a Park approved consultant. Page 54 Housing Within Defined Settlements: 3.100. The Local Plan will zone sites within settlement boundaries where development of new housing can take place. Whether for single houses, or development of larger groups, the existing structure, character and density of the settlement shall be maintained. Policy 38: Proposals for Housing Within Defined Settlements a) Proposals for new permanently-occupied housing development will be favourably considered within existing settlements, where either the site is zoned for housing, or where the proposal is for a single house in an un-zoned area. Either way, they should have no adverse impacts on existing residential amenity, natural or cultural heritage or other land/building uses. b) For developments of 4 or more houses, which includes phased development of a site, there will be a requirement for affordable housing; this will be for at least 25%* of the development, or in exceptional circumstances may be translated into a commuted payment or off-site provision; the commuted payment could be used for building elsewhere in the settlement or in the National Park. *(but will be assessed and set against a study of local housing needs at the time of application). c) It is extremely important that new housing development enhances the structure and character of existing settlements; the layout and density of a scheme should be a natural growth of the existing structure. Infill development may be acceptable for single houses, if there is no significant loss of existing residential amenity, and the proposal maintains existing density and scale. Proposals shall maintain and enhance the vitality & viability of the existing settlement. Affordable housing secured as part of a larger development should be fully integrated within the scheme, and not be of significantly higher density or lower quality. 3.101. The following policy clause is an alternative which could be added to Policy 38. d) Applicants must comply with one of criteria i)-iv) and criteria v) below. i) Existing residents of the National Park (over the age of 18), who have permanently resided in the area for at least the last 3 years and who now need new accommodation. ii) A head of household who is or whose partner is in or is taking up full-time permanent employment in a business within the National Park. iii) Elderly or disabled persons requiring sheltered or otherwise more suitable accommodation who already live permanently within the National Park. iv) Persons having to leave tied accommodation within the National Park. v) In all cases above the applicant must prove that they are currently unhoused or inadequately housed. A standard form will be developed for this criteria justification. Page 55 New Housing Outwith Defined Settlements 3.102. Within some sections of the area now bounded by the Cairngorms National Park, there has been a developing trend towards the building of new houses in isolated positions in the countryside. All new development must now be considered relative to the National Park context. Most new housing should either be developed within established settlement boundaries, or within/around existing clusters/groups. There may be cases where more remote and isolated dwellings will be required for essential worker housing, in situations where otherwise consent would not be granted. In such cases the need for the proposal must be fully demonstrated, with explanation why developing a house in an adjacent settlement is not possible. Conditions will be attached to the permission, and a Section 75 legal agreement will be required, to retain the house for similar occupation in perpetuity. 3.103. Outwith settlements, but adjacent to existing building groups, housing for local residents/workers may be permissible. Proof of at lea