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CAIRNGORMS NATIONAL PARK AUTHORITY 

Planning Paper 3  23 February 2007 





CAIRNGORMS NATIONAL PARK AUTHORITY 





Title: REPORT ON CALLED-IN PLANNING APPLICATION 



Prepared by: ANDREW TAIT, PLANNING (DEVELOPMENT CONTROL) OFFICER 



DEVELOPMENT PROPOSED: ERECTION OF CROFT HOUSE, LAND 50 

METRES SOUTH WEST OF GRIANAN, STRONE ROAD, NEWTONMORE 



REFERENCE: 06/485/CP 



APPLICANT: ALISTER DONALD MACKENZIE 



DATE CALLED-IN: 1 DECEMBER 2006 





RECOMMENDATION: APPROVAL 



Fig. 1 - Map showing the location of the land 50 metres south-west of

Grianan, Strone Road.







SITE DESCRIPTION AND PROPOSAL 



1. The site lies to the north of Newtonmore on the Strone Road which 

forms a loop through croft lands to the north of the settlement 

(see fig 1). 



2. The site is an open field adjacent to an existing cottage known as 

Grianan and on the other side of the road from a tourist 

accommodation business. The field slopes down gently towards the 

road where an existing agricultural access would be utilised as the 

access for the house. 



Fig 2  Colour photo showing the view of site from Strone Road with Grianan in background 



3. This is an outline application which seeks approval for a house based 

upon a crofting justification; some indicative design drawings showing a 

traditional house have also been included (attached at back of report). 



4. The applicant has just had an agricultural notification proposal 

approved by Highland Council for a small agricultural building on the 

site. The CNPA has recently determined an application for a single 

house some distance to the south east of this site on the same loop 

road. This application was refused based on the restricted countryside 

housing policy as no agricultural justification had been put forward. A 

secondary reason was also put forward based on the house not being 

accessed by a road to adoptable standard. 





DEVELOPMENT PLAN CONTEXT 



National Guidance 



5. Scottish Planning Policy 3 Planning for Housing 2003 notes that 

where possible, most housing requirements should be met within or 

adjacent to existing settlements. This prevents the sprawl and 

coalescence of settlements, makes efficient use of infrastructure and 

public services and helps to conserve natural heritage and rural 

amenity. The guidance goes on to note that in more remote areas, 

new housing outside of settlements may have a part to play in 

economic regeneration and environmental renewal. 



6. Scottish Planning Policy 15 Planning for Rural Development 2005 

advances a more positive policy in respect of housing in the 

countryside, but recognises that such approaches should be dealt with 

through the Local Plan process. 



Highland Structure Plan 



7. Highland Structure Plan (approved March 2001) Policy H3 states 

that housing will generally be within existing and planned new 

settlements. New housing in the open countryside will not be permitted 

unless it can be demonstrated that it is required for the management of 

land and related family purposes. Policy L4 Landscape Character, 

states that the Council will have regard to the desirability of maintaining 

and enhancing present landscape character in the consideration of 

development proposals. Policy G2 Design for Sustainability, lists a 

number of criteria on which proposed developments will be assessed - 

including service provision (water and sewerage, drainage, roads, 

schools electricity); accessibility by public transport, cycling, walking 

and car; energy efficiency in terms of location, layout and design 

(including the utilisation of renewable energy sources). Policy H8 of 

the Plan Access Arrangements for New and Existing 

Developments notes that development proposals which involve new or 

improved access to serve more than 4 houses and/or to serve a 

development which would generate vehicular traffic equivalent to more 

than 4 houses shall be served by a road constructed to adoptive 

standards. The adopted road shall normally serve all of the new 

development and any existing development. 



Badenoch and Strathspey Local Plan 1997 



8. The Local Plan identifies the area as Restricted Countryside. Under 

policy 2.1.2.3 a strong presumption will be maintained against the 

development of housing in such areas. Exceptions will only be made 

where a house is essential for the management of land, related family 

and occupational reasons. Restrictions on subsequent occupancy of 

such houses will be enforced. Adherence to the principles of good 

siting and design will be required in such cases. 



9. Highland Council�s Development Plan Policy Guidelines (April 

2003) provides more detailed guidance on the interpretation of specific 

policies contained in the 1997 Local Plan, in the light of the 

subsequently approved Structure Plan of 2001. This document states 

that new housing within the open countryside will be exceptional, and 

will only be permitted (in accordance with National Guidance and the 

approved Structure Plan policy) where, amongst other specific 

circumstances, it is required for the management of land, or it is 

required for family purposes related to the management of land (retired 

farmers and their spouses). It also considers that there is no 

justification for housing in the countryside associated with forestry. For 

justification based on croft management it is recognised that a degree 

of flexibility will be required, for example, in such circumstances it may 

not be possible to sustain full time employment and this will be taken 

into consideration. Any application for a house associated with crofting 

should be accompanied by confirmation from the Crofters Commission 

of the bone fides of the crofting application. Regard would also be had 

to the history of the previous housing development on the croft and the 

density of development. Any new housing must support and respect 

the traditional settlement pattern and not compound sporadic suburban 

type development. 





Highland Council Housing in the Countryside Development Plan Policy 

Guideline 2006 



10. Highland Council have produced a new Planning Development 

Policy Guideline Housing in the Countryside (March 2006). The 

CNPA was not consulted on and has not adopted this guideline. 

This document sets out the Council�s approach to housing in the 

countryside, taking account of Structure Plan Policy and also more 

recently issued guidance on rural development. The guidance notes 

that open countryside is all land outside the boundaries of defined 

settlements and not closely related to any listed housing group. New 

housing within open countryside will be exceptional and will only be 

permitted, in accordance with national guidance and the approved 

Structure Plan policy, where it complies with the following 

requirements. 



11. Land management or family purposes related to the management of 

the land (retired farmers and their spouses). Any proposal for new 

housing in the countryside associated with land management activities 

must demonstrate that a sequential approach to the identification of the 

need for that house has been followed. This means that applicants 

must be able to demonstrate that: there is no potential to use existing 

accommodation in the area; there are no existing permissions (not time 

expired) for dwellings that have not been taken up or developed; there 

is no evidence of houses or plots having been previously sold off from 

the farm holding; and there is no land on the farm holding that has 

been identified within an existing settlement. New housing will only be 

regarded as essential where it is related to material planning 

considerations and meets the criteria specified. The personal 

preferences or financial circumstances of any individuals involved 

are not material planning matters. Applicants must provide evidence 

of existing land management activities to justify a new house, as 

detailed below. 



Agriculture 



12. Applicants must provide an independent statement of the level of need 

related to the management of land. The Council reserves the right to 

validate any consultant�s report and the applicant will be charged for 

this validation. Justification will be judged against both a functional test 

(scale and nature of enterprise) and a financial test (viability of 

enterprise). 



Croft Land Management 



13. It is recognised that a degree of flexibility will be required, for example, 

in such circumstances it may not be possible to sustain full time 

employment and this will be taken into consideration in the tests. Any 

application for a house associated with crofting should be on a 

registered croft or associated common grazing and accompanied by 

appropriate confirmation from the Crofters Commission of the bona 

fides of the crofting application. Regard should also be had to the 

history of the previous housing development on the croft and the 

density of development. Any new housing must support and respect 

the traditional settlement pattern, the better agricultural land of the croft 

and not compound sporadic suburban type development. 





CONSULTATIONS 



14. Highland Council Area Roads Manager raises no objection to the 

proposal, but recommends that conditions are attached relating to a 

standard servicing bay at the front of the site, access in accordance 

with Highland Council Guidelines. Any fencing along the front of the 

site shall be set back at least 2 metres from the nearside edge of the 

public road, visibility splays should also be provided in accordance with 

guidelines as should parking and manoeuvring space for at least 2 cars 

within the curtilage of the property. 



15. SEPA has been consulted upon the proposal and consider that the foul 

drainage proposals are acceptable providing minimum standard 

distances can be achieved. Surface water should be discharged to 

soakaways as outlined in the application. 



16. Crofters Commission confirm that Mr Mackenzie has been assigned 

a share in the Strone Common Grazing with a souming of 40 sheep 

from his father, who will be re-letting a small part of a croft to him which 

will establish a base for his crofting enterprise and provide access to 

the common grazings. A small area of common grazing is to be 

apportioned as a site for a croft house and an agricultural building. 



17. Mr MacKenzie is participating in the Highlands and Islands Croft 

Entrants Scheme and will be a welcomed asset to the township, 

bringing youth, enthusiasm and a sound understanding of crofting 

practices. The erection of a new house is necessary as someone must 

be on hand for animal welfare matters and the security of livestock. 

The Crofters Commission therefore support the application on the basis 

of the operational need for a new croft house. 



18. Highland Council Archaeology note that the site lies within an area 

where prehistoric remains are recorded. In addition, a historic well is 

recorded on the site on the 1870 Ordnance Survey map. This is an 

area where there is believed to be potential for associated 

archaeological features or finds to be affected by the development. 

While the risk is not such to warrant a full archaeological excavation, it 

is important that the full extent and nature of any archaeological 

features should be identified and recorded before construction. To 

achieve what is required at the site an archaeological watching brief 

condition is recommended. 





REPRESENTATIONS 



19. Newtonmore and Vicinity Community Council comment that 

although there have been recent housing developments on agricultural 

land on Strone Road and that there is a vacant property nearby, we 

have no reason to believe that this application is for anything other than 

a croft house for the applicant. The Community Council are pleased to 

see that Alister MacKenzie, whose ties to Newtonmore and the crofting 

community go back for many generations, wishes to follow in the 

footsteps of his father and forefathers. We consider that this request is 

in line with the CNPA�s plan to encourage the continued development 

of crofting as it helps to maintain people living in rural locations, 

particularly around settlements. 



20. A letter has been received from the applicant stressing the urgency of 

the need for the house. The letter is attached at the back of the report. 





APPRAISAL 



Principle 



21. This is an outline planning application so the main issue revolves 

around the acceptability a house at this site in principle. The policy 

context is clear that the site is located within a restricted countryside 

area where dwellings would not normally be allowed without a land 

management justification. 



22. The policy itself does not place any particular emphasis upon crofting. 

However, it is clear that crofting is a form of land management and 

exceptions have been made on this basis by both Highland Council 

and the CNPA on previous applications. 



23. Highland Council�s Development Plan Policy guidelines 2003 contain 

the most specific up to date guidance on such matters. The later 2006 

guidance retains the same guidance in relation to croft house 

applications. This policy recognises that a degree of flexibility will be 

required, for example, in some circumstances it may not be possible to 

sustain full time land based employment and this should be taken into 

consideration in any assessment. Any application for a house should 

be on a registered croft or associated common grazing and be 

accompanied by appropriate confirmation from the Crofters 

Commission of the bone fides of the crofting application. 



24. As noted in the consultations section the Crofters Commission is 

expressing full support for this application and has confirmed the 

justification for the proposal. 



25. As mentioned by the Community Council is a derelict traditional house 

just to the west of the proposed site. However, it is clear from the 

submitted neighbour notification plan that this is not in the ownership of 

the applicant. The policy guidelines also consider that where 

exceptions are made any development should also support the 

traditional settlement pattern and not compound sporadic suburban 

type development. The plan submitted shows an indicative site for the 

house. This is quite a long site on the frontage of the road and I am 

sure that any future detailed application would be able to accommodate 

a house on the site while respecting the traditional settlement pattern of 

the area. Some indicative drawings have been supplied showing the 

type of traditional house that could be proposed at the site by any 

detailed application. 



26. The CNPA has previously supported croft house proposals in restricted 

countryside policy areas where there is a proper case being put 

forward with the support of the Crofters Commission. In addition, the 

recently approved application for an agricultural building at the site is 

further evidence of the applicants intentions. Because of this, in my 

view, the principle of a house at the site is acceptable because of its 

crofting justification under the Highland Council Guidelines of both 

2003 and 2006. However, to be consistent with previous decisions and 

to ensure that the house is used into the future for its stated purpose I 

would recommend that a Section 75 Agreement is applied ensuring 

that the house is occupied for crofting purposes and not sold separately 

from the croft. 



Technical Issues 



27. The Area Roads Manager expresses no objection to the application 

subject to recommended conditions which are incorporated at the back 

of the report. 



28. Foul drainage is to a septic tank which SEPA has no objection to and 

surface water drainage is to be via soakaways. 





Conclusion 



29. Overall, this is a relatively straightforward proposal. With the crofting 

exception justified there are no other principle policy issues or technical 

problems associated with this application. As discussed below the 

proposal also measures well against the aims of the Park. 

Consequently, I would recommend approval subject to a Section 75 

Agreement ensuring that the house is used by someone working the 

croft and that it is not sold separately from the croft. 





IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 



Conserve and Enhance the Natural and Cultural Heritage of the Area 



30. There is no particular natural heritage issue in relation to this 

application the site being made up of rough grazing ground. In terms of 

cultural heritage there may be archaeological implications but these 

have been assessed by Highland Council and can be covered by an 

archaeological watching brief condition. The approval of the 

application will enhance the cultural heritage of the area in the sense 

that it will help to maintain the historic use and cultural identity of the 

area for crofting into the future. 



Promote Sustainable Use of Natural Resources 



31. This is only an outline application so it is not clear where the material 

for the house will be sourced. However, the proposal is in a sense an 

economic one and embodies the idea of working from home. 



Promote Understanding and Enjoyment of the Area 



32. The proposal has little relevance to this aim. 



Promote Sustainable Economic and Social Development of the Area 



33. The proposal clearly accords with this aim by maintaining the croft use 

of the area into the future, providing a house for a local family to work 

the croft holding from. A Section 75 Agreement is recommended to 

ensure that this continues to be the case. 





RECOMMENDATION 



That Members of the Committee support a recommendation to: GRANT 

Outline Planning Permission for a Croft House at Strone Road Newtonmore 

subject to the following: 



A. The completion of a Section 75 Legal Agreement which ensures 

the house is occupied by a person working the croft and which 

does not permit the house to be disposed separately 



B. The following Planning Conditions: 



1. A formal planning application and detailed plans indicating all matters 

relating to the siting, design and external appearance of all buildings, 

means of access thereto, means of enclosure and landscaping 

proposals shall be submitted for the prior approval of the Planning 

Authority within 3 years of the date of this consent and the 

development must be commenced within 5 years of the date of this 

permission or within 2 years from the date of final approval of all the 

foregoing Reserved Matters. 



2. A combined access/service bay shall be formed at the point of access 

to the site. Construction for at least the first 6 metres from the nearside 

edge of the public road shall consist of a minimum of 40mm thick Close 

Graded Wearing Course on 60mm Dense Basecourse on a minimum 

thickness of 350mm Type 1 sub base, all on a sound formation. 

Thereafter the access track shall be at least 3 metres wide and the 

construction shall consist of 350mm thick Type 1 sub-base all on a 

sound formation. 



3. The gradient of the access shall not exceed 5% for the first 5 metres 

and thereafter shall not exceed 10%. 



4. Fencing along the frontage of the site shall be set back 2 metres from 

the nearside edge of the public road and 1 metre from the rear of the 

service bay/passing place. 



5. Visibility splays shall be maintained and provided on each side of the 

access in accordance with Highland Council Area Roads Manager 

requirements. Details of visibility splays shall be submitted 

concurrently with any reserved matters application and provided on site 

prior to the first occupation of the house. 



6. Any gates to be provided shall be set back at least 3.5 metres from the 

edge of the public road and shall open into the property only. 



7. Parking and manoeuvring space for at least 2 no cars shall be provided 

within the curtilage of the property such that vehicles may enter and 

leave the site independently in forward gear. 



8. Prior to the commencement of the development, arrangements for an 

archaeological watching brief to be carried out on site clearance and 

excavation works, in accordance with the attached specification, shall 

be submitted to and require the approval of the CNPA acting as 

planning authority in consultation with Highland Council Archaeologist. 

No site clearance or excavation works shall take place until that 

approval has been given and all such works shall thereafter be 

implemented in accordance with the approved arrangements. 



9. The development shall be of a traditional architecturally sympathetic 

design in respect of detailed siting, building form, detail and finishing 

materials. 





ADVICE NOTE 



No water shall be discharged on to the public road 



Prior to any work of excavation or surfacing starting within 2 metres of the 

public road edge a road opening permit shall have been obtained from the 

Roads Authority. 



Andrew Tait 



planning@cairngorms.co.uk 



30 January 2007 



The map on the first page of this report has been produced to aid in the statutory process of dealing with planning 

applications. The map is to help identify the site and its surroundings and to aid Planning Officers, Committee 

Members and the Public in the determination of the proposal. Maps shown in the Planning Committee Report can 

only be used for the purposes of the Planning Committee. Any other use risks infringing Crown Copyright and may 

lead to prosecution or civil proceedings. Maps produced within this Planning Committee Report 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.