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CAIRNGORMS NATIONAL PARK AUTHORITY 

Planning Paper 5   23 February 2007 







CAIRNGORMS NATIONAL PARK AUTHORITY 





Title: REPORT ON CALLED-IN PLANNING APPLICATION 



Prepared by: MARY GRIER, PLANNING OFFICER (DEVELOPMENT CONTROL) 



DEVELOPMENT PROPOSED: 

FULL PLANNING PERMISSION FOR THE FORMATION OF AN ALL ABILITIES 

PATH FROM DINNET CAR PARK TO THE EASTERN SHORE OF CLARACK LOCH 

AND ALSO A VIEWING PLATFORM. 



REFERENCE: 06/409/CP 



APPLICANT: UPPER DEESIDE ACCESS TRUST, UNIT 

1, ABOYNE CASTLE BUSINESS CENTRE, ABOYNE, ABERDEENSHIRE. 



DATE CALLED-IN: 20TH OCTOBER 2006 





RECOMMENDATION : 



GRANT WITH CONDITIONS 



Fig. 1 - Map showing location of car park at Dinnet.





SITE DESCRIPTION AND PROPOSAL 



1. Full permission is sought in this application for the formation of an all 

abilities path and also the erection of a viewing platform overlooking 

Clarack Loch. The all abilities path is proposed to run from Dinnet car 

park to the eastern shore of Clarack Loch. The subject site is located 

close to the eastern boundary of the Cairngorms National Park. The 

proposed path would extend approximately 380 metres from the car 

park to the viewing platform and would largely follow the well trodden 

route of an existing, more informal path which meanders through a 

mixed woodland environment. 



Fig. 2 : Colour photo of existing informal path leading towards Clarack Loch 



2. Although having the ability to be utilised as part of a longer route 

around Clarack Loch, the proposed new path is not intended to form 

part of a circular route but rather is intended to be a short route to 

�provide added purpose and incentive to encourage users to use the all 

abilities path� with the proposed platform intended to act as an end or 

focal point attraction, providing views over the loch. 



3. It is proposed to excavate the existing path surface. A geotextile 

membrane would be positioned at the excavated level and would be 

overlain with a compacted 75mm sub-base and a 15mm quarry grey 

granite dust surfacing. The path edge would be stabilised and built up 

using soil or turf where appropriate, which would be generated from the 

formation of the path tray. 



4. The new all abilities path would lead from the established car parking 

area in Dinnet, past the existing playground and would traverse in a 

north westerly direction, through the woodland and past a curling pond. 

After approximately 280 metres the path would cross Clarack / Dinnet 

Burn. A new wooden footbridge would be provided at this point. The 

existing footbridge at this location requires replacement as it is of 

insufficient width to accommodate all abilities use. The new footbridge 

would have a span of 5 metres across the burn and would be 1.2 

metres wide. It is proposed to construct concrete abutments on both 

sides of the burn, with beams set on the abutments. Deck boards 

would then be fixed to each beam and a timber handrail would be 

provided on both sides of the bridge. The proposed design of the 

footbridge is intended to avoid excavating in the water and also avoid 

any need to put temporary supports of scaffolding in the burn. 





Fig. 3 : Colour photo showing the recently installed footbridge near Clarack Farm. 

The footbridge is proposed to resemble the recently installed bridge. 





5. At the end of the 380 metre all abilities path, the viewing platform would 

extend to approximately 4.9 metres at its widest point, and would 

extend 2.46 metres out towards the loch, with its span gradually 

decreasing to 2 metres. Initial details submitted as part of the 

application indicated that the proposed viewing platform would be 

either in wood or recycled plastic. Further to concerns raised by the 

CNPA and others in the course of the initial assessment regarding the 

choice of materials, the applicants, Upper Deeside Access Trust 

(UDAT) confirmed that the platform would be constructed in wood, with 

the options being either European larch, Douglas fir or oak. The timber 

would remain untreated and left to the elements it is expected to 

weather to a uniform �silver grey� colour. 



6. As the proposed all abilities path largely follows the existing informal 

path in the area, it would not result in the loss of any significant level of 

vegetation in the vicinity. A minor deviation away from the established 

path is proposed in an area close to the curling pond in order to avoid 

the pond bank. The deviation would require the removal of a limited 

amount of �scrub birch.� The second point on the proposed new path at 

which there would be some loss of vegetation is in an area 

approaching the footbridge. Again a marginal deviation along a 20 

metre section of pathway would occur in order to allow a gently sloping 

sweep up to the proposed new bridge, and thereby render the path 

capable of all abilities use. It is estimated that this would require the 

removal of a 1.2 metre corridor of �scrub birch� which are between 3 

and 5 metres tall at present. Finally, the removal of two small Scots 

pine is also proposed in an area close to the loch shore line. The 

removal of the trees is required in order to maintain a path width of 1.2 

metres. 



7. A case has been advanced on the need for the proposed viewing 

platform as opposed to simply allowing path users to view the area 

from the existing natural edge of the loch. The case put forward by 

UDAT contends that the platform will �enable the less-abled to get 

safely to the loch edge and will enable enhanced views of the loch 

beyond the wooded edge� and it would also offer the visitor an 

enhanced experience as they would effectively be taken off the 

shoreline to be surrounded by water on three sides. Such an 

experience is described as being quite different compared to 

experiencing the area from the normal vantage point on the loch shore. 



Fig. 4 : Colour photo showing an example of the type of platform proposed 





8. The platform would be created by means of main supporting posts pile 

driven into the ground to a depth of 600mm. Deck boards would create 

the platform area and a balustrade handrail would be constructed along 

the side and front of the platform. The balustrade height would be a 

maximum of 920 mm in order to serve as an appropriate safety barrier 

whilst also ensuring clear visibility of the loch for wheel chair users for 

example. 



9. A detailed construction method statement has been submitted in the 

course of the application assessment. Details have been provided on 

each of the three aspects of the proposal (all abilities path, footbridge 

and platform) including reference to materials, construction methods 

and maintenance regime. UDAT propose to maintain the bridge and 

platform �at its entire expense to a safe and satisfactory standard to 

ensure safe and free passage on foot or wheelchair by the public until 

31 March 2017.�1 Inspections would be carried out every six months 

and any necessary minor repairs identified in the inspections would be 

carried out immediately. The proposed footbridge and platform would 

also be inspected by a structural engineer every three years in order to 

ensure its safety. The construction method statement also includes 

reference to temporary and preliminary site measures to be taken to 





1 UDAT propose to enter into an agreement with Dinnet and Kinord Estate in relation 

to the maintenance agreement. Failing an agreement to extend the Agreement in 2017 

the bridge would be removed and UDAT also explicitedly state that �under no circumstances 

will the landowner become responsible for the maintenance of the bridge.� 





prevent pollution. Many aspects of the construction phase include 

preventative control measures to avoid �run off� to the watercourse. In 

terms of site demobilisation in the post construction period it is intended 

that all contractor equipment plant and all traces of occupation of the 

site would be removed within one week of the footbridge and platform 

works finishing. In conjunction with this all ground vegetation surface 

wear and tear would be repaired to its former natural state.2 



10. Information provided in relation to the proposed construction period 

indicates that the all abilities path and the associated footbridge would 

be constructed in March 2007 (subject to necessary planning consent 

being secured) and that the viewing platform would be constructed in a 

period between July and September 2007. The latter construction 

period has been chosen as it is �during low water level and outwith the 

most sensitive period for Salmon.� 



Fig. 5 : Colour photo of curling pond adjacent to path



Fig. 6 : Colour photo showing the existing path approaching 

path footbridge (which is to be replaced) 





DEVELOPMENT PLAN CONTEXT 



National Policy 



11. According to NPPG 14 Natural Heritage attractive and ecologically 

rich environments where natural heritage is valued and cherished are 

essential to social and economic well-being. Para. 9 advises that 

conservation and development can often be fully compatible, and with 

careful planning the potential for conflict can be minimised. NPPG 14 

details the various national and international statutory designations and 

the objectives of designation. Para. 46 also makes reference to the fact 

that natural heritage is not confined to the statutorily designated areas, 

but is found throughout the countryside. 





2 The repairs are detailed as involving an �appropriate reinstatement technique such as spot 

turfing or blanket turfing with local heather transplants and reseeding using an approved SNH 

grass seed mixture. This repair work would be carried out by the contractor once the site 

infrastructure has been vacated, and to the satisfaction of the Upper Deeside Access Trust, 

CNPA and landowners.� 





12. In the Aberdeen and Aberdeenshire Structure Plan 2001-2016 

(North East Scotland Together, NEST) Policy 19 states that 

development which would have an adverse effect on a Natura 2000 or 

Ramsar site will only be permitted where there is no alternative solution 

and there are imperative reasons of over-riding public interest, 

including those of a social, environmental or economic nature. Where a 

priority habitat or species (as defined in Annex 1 of the Habitats 

Directive) would be affected, prior consultation with the European 

Commission (through Scottish Natural Heritage) is required unless the 

development is necessary for overriding public health or safety 

reasons. 



13. In the Aberdeenshire Local Plan 2006 the main policy that covers this 

location is Policy Env\1 (International Nature Conservation Sites) 

where development likely to have a significant impact on a site 

designated or proposed under the habitats or birds directives (i.e. SAC 

and SPA) and not directly connected with or necessary to the 

conservation management of the site, must be the subject of an 

appropriate assessment for the implications for the site�s conservation 

objectives. Development will only be permitted where the appropriate 

assessment indicates that 



(a) it will not adversely affect the integrity of the site; or 



(b) there are no alternative solutions; and 



(c) there are imperative reasons of over-riding public interest, 

including those of a social and economic nature. 



Where development is allowed which could affect any designated site, 

including beyond their boundaries, the developer must demonstrate 

that adequate measures will be taken to conserve and enhance the 

site�s ecological, geological and geomorphological interest. 



14. Policy Env\2 details the policy in relation to National Nature 

Conservation Sites, stating that development which would have an 

adverse effect on a Site of Special Scientific Interest or a National 

Nature Reserve will be refused unless the developer proves : 



(d) any significant adverse effects on the quality for which the area 

has been designated are clearly outweighed by social and 

economic benefits of national importance; 



(e) the objectives of the designation and overall integrity of the area 

will not be compromised; and 



(f) there is no alternative site for the development. 



In the event of development being allowed which could affect any of the 

designated sites, including beyond their boundaries, similar measures 

to those detailed in Policy Env\1 are required, in terms of the 

developer demonstrating that adequate measures will be taken to 

conserve and enhance the site�s ecological, geological and 

geomorphological interest. The aim of both policies Env\1 and Env\2 is 

to give nature conservation sites of international and national 

importance adequate protection from damaging development. 



15. Access issues are touched upon in Policy Env/22 of the 

Aberdeenshire Local Plan. The policy is intended to ensure that 

existing public access is protected and that future development does 

not restrict future opportunities for the extension of the public access 

network. The policy also states that encouragement will be given to 

new access routes which promote �green transport� while not adversely 

affecting the land concerned. 





CONSULTATIONS 



16. In the initial consultation response from Scottish Natural Heritage 

reference is made to the proposed path lying adjacent to the Clarack 

Burn, which is part of the River Dee Special Area of Conservation and 

that the viewing platform would also be within the SAC at Clarack Loch. 

The River Dee SAC is designated for its populations of Atlantic salmon, 

freshwater pearl mussel and otter. The area in which the platform is 

proposed is also within the Muir of Dinnet Site of Special Scientific 

Interest. 



17. In setting out its position, SNH in principle support the proposal and 

�consider that it will provide improved opportunities for informal 

enjoyment of the natural heritage.� Nonetheless, SNH initially objected 

to the proposal considering it likely to have a significant effect on the 

qualifying interests of the site, in particular salmon and freshwater pearl 

mussels. As a consequence Scottish Natural Heritage required the 

CNPA, as the Planning Authority, to undertake an appropriate 

assessment of the implications of the proposal for the site, with the 

assessment including an appraisal of the risk of sedimentation during 

construction, and also the measures set out in the methodology to 

minimise this. 



18. In terms of the impact on otter, which is another of the qualifying 

features of the SAC, the findings of an otter survey carried out in 

October 2005 are referred to, in which it was concluded that pathworks 

in this area were unlikely to have a significant impact on the species, 

were accepted. However, the consultation response advised in the 

event of development proceeding and contractors uncovering any 

suspected otter resting sites or holts, all work should cease and further 

advice should be sought immediately from Scottish Natural Heritage. 



19. In relation to the impact of the development on the Muir of Dinnet SSSI, 

the response noted that it is designated for a range of habitats and 

species, including its breeding bird assemblages. In the interests of 

avoiding disturbance of breeding birds SNH recommend that all work is 

carried out outside the peak bird breeding season of 1st March and 31st 

July. 



20. Further to the carrying out of an appropriate assessment by the 

CNPA�s Natural Heritage Group, a revised consultation response was 

received from Scottish Natural Heritage. SNH advise in relation to 

the River Dee SAC, having considered the method statement, that the 

proposal is not likely to have an adverse impact upon the integrity of 

the site. Consequently the previous objection to the proposal is 

removed �subject to the mitigation measures described in the method 

statement being enforced through the use of appropriately worded 

planning conditions.� 



21. SEPA in its initial response stated that the principal concern is with any 

potential runoff from paths and ditches into watercourses, both in the 

construction phases and from the final completed development. On the 

basis of the lack of information initially submitted with the application 

SEPA objected to the proposal and requested further information on 

the detailed engineering of the crossing, in order to ascertain whether 

or not adequate protection would be afforded to watercourses. 



22. Further to the receipt of the required additional information a revised 

response was received from SEPA in which it was noted that the 

footbridge would be designed with abutments outwith the burn. On that 

basis SEPA clarified that the proposals are acceptable and as the 

development would not have a significant impact on the waterbodies in 

question, SEPA no longer wish to maintain an objection. 



23. The Transportation and Infrastructure (Roads) section of 

Aberdeenshire Council examined the proposal and had no comments 

to make. The Flood Prevention section of that department also 

assessed the proposal and stated that the service had no comments to 

make on the application. 



24. A consultation response was also received from the Environment 

section of Aberdeenshire Council. On the subject of countryside 

access the proposal was deemed acceptable. It was also considered 

�acceptable subject to action� in relation to trees and woodland, 

designated site and biodiversity / nature conservation. The 

recommended action included the proposal being designed and 

implemented to minimise the loss of trees and other habitat, and it was 

also recommended that the proposed viewing platform should be 

constructed of timber and finished to the highest standards, given its 

sensitive rural setting. 



25. The CNPA�s Natural Heritage Group assessed the proposal and 

noted that its chief potential impact relates to possible effects on the 

qualifying features of the River Dee SAC. Similar to the comments 

from Scottish Natural Heritage, NHG required the submission of a 

detailed method statement for the path, bridge and viewing platform in 

order to demonstrate that sediments will not be released during or after 

construction which would negatively affect the qualifying interests of the 

River Dee SAC. 



26. In terms of the landscape impact, the response from NHG noted that 

the setting for the proposal has a natural and undisturbed feel. 

Consequently the proposed viewing platform is described as being a 

marginal detractor from the area, particularly due to its design which 

would �jut into the loch� and would therefore be quite visible. Despite 

this concern it is nonetheless recognised that the timber, if left 

untreated, would weather over time to a muted grey colour and in 

addition existing vegetation around the edges would colonise. 



27. Upon receipt of the required information the Natural Heritage Group 

carried out the required appropriate assessment. The findings 

indicated that the development would not have any potential impact on 

otter and that the likely impacts on the qualifying features of the SAC 

relate to Atlantic salmon and freshwater pearl mussels. Reference is 

made to the details contained in the construction method statement 

noting that it outlines steps to minimise the release of sediment and 

other pollutants into watercourses during all phases of the proposal. 

NHG examined in detail the three aspects of the development proposal 

(all abilities path construction, footbridge construction and the timber 

viewing platform construction). In reaching an overall conclusion on 

the impact of the proposal on Atlantic salmon and freshwater pearl 

mussels, NHG commented as follows � 



�the timing of the works in the area of the loch suggests that any 

pollutants arising, including silt, would not be likely to have a negative 

impact on Atlantic salmon. In any case, the precautions that would be 

employed by the applicants, as indicated in their construction method 

statement, would considerably reduce the risk of any pollutants 

entering the loch. The construction work associated with the path and 

the footbridge would occur during a time when salmon would be 

sensitive to siltation. Steel particles and dust, although identified as a 

potential pollutant, would likely occur only in very small quantities and 

would not be harmful to the aquatic life, should they ever be released to 

the watercourse. Therefore the impacts on Atlantic salmon and 

freshwater pearl mussels of this particular type of pollution, is not likely 

to have a detrimental impact. However, the precautions which would 

be taken by the applicant would considerably reduce the risk of any 

pollutants entering the burn and thus having an adverse impact on 

Atlantic salmon. Given these precautions, and that freshwater pearl 

mussels do not occur in the immediate vicinity of the site, occurring 

some distance downstream on the main stem of the Dee, they are also 

unlikely to suffer an adverse impact from the development proposal.� 



28. In concluding the appropriate assessment NHG indicate that a 

condition is required in the event of the granting of planning permission 

to ensure that the development is undertaken in accordance with the 

construction method statement supplied by the applicant, as the 

statement provides the detailed working practices that need to be 

followed in order to ensure that there will be no adverse impacts on site 

integrity. 



29. The CNPA�s Visitor Services and Recreation Group commented that 

the proposal would provide an opportunity for less able people to view 

one of the three lochs that lie close to the village of Dinnet. Reference 

was made to the condition of the current path in the area, which is 

described as a �beaten sward path with the occasional tree route 

crossing a narrow bridge.� The proposed new path is welcomed as 

providing a robust walking surface that would also be suitable for 

wheelchairs and would remove the current trip hazards. It was also 

noted that the loch, while lying close to the village, is surrounded by 

trees and consequently provides a �remote and secluded feel� and 

offers excellent opportunities for bird watching on the loch. The 

development is described as being consistent with the CNPA�s draft 

Outdoor Access Strategy which seeks to create greater opportunities 

for the less able to enjoy the special qualities of the National Park. 



30. Prior to the submission of the applicants supporting statements in 

relation to the viewing platform, the VSRG response raised a minor 

query on the need for the platform. Despite querying this, the response 

nonetheless conceded that �the barrier may be useful for leaning 

against for those who are unsteady on their feet.� 



31. Mid Deeside Community Council was consulted on the development 

proposal. However, no response has been received to date. 





REPRESENTATIONS 



32. No representations have been received directly by the CNPA in respect 

of the proposed development. However, a copy of a letter of support 

from Deeside Access Panel has been submitted by the applicants. The 

letter emphasises the support of Deeside Access Panel for the 

proposal to upgrade the path from Dinnet Car Park to Clarack Loch to 

make it accessible for all. The proposals are described as allowing 

�most wheel chair users access to this most scenic part of Deeside.� It 

also describes the plan for the viewing platform as �commendable� 

noting that it would be the only location around the three lochs where 

disabled access would be available right up to the water�s edge. 





APPRAISAL 



33. The main issues to be considered in this application relate to the 

principle of the development, the nature of the proposal including its 

construction and the associated implications, particularly on the natural 

heritage designations affecting the area, and also consideration of its 

contributions towards the provision of access in the area. 



34. The principle of the development is generally acceptable in planning 

policy terms. An appropriate assessment has been carried out in which 

it has been determined that the development would not adversely affect 

the integrity of the River Dee SAC, over which the new footbridge 

would be constructed. As detailed earlier in this report a 

comprehensive construction method statement has been submitted 

outlining the measures that would be put in place to ensure the 

protection of designated area in the course of construction and also 

after this phase, where the restoration of the river bank in the vicinity of 

the footbridge is proposed. In addition the construction of the 

footbridge within the Special Area of Conservation is necessary and in 

the public interest, providing an improved crossing of the burn usable 

by all abilities. Without a new bridge, the all abilities aspect of the new 

path could not be achieved. 



35. The final comments of both Scottish Natural Heritage and the 

CNPA�s Natural Heritage Group indicate acceptance of the 

development proposal, subject to the development being undertaken in 

accordance with the construction method statement. 



36. The overall path and associated structures � the viewing platform and a 

new footbridge � are in relatively well screened locations and are not 

considered to have the potential to become obtrusive features in the 

landscape. Foregoing sections of this report refer to the proposed new 

path generally following the line of the existing, more informal route 

from Dinnet car park towards Clarack Loch and will have minimal 

interference with existing vegetation, resulting only in the loss of a 

small amount of birch scrub and two scots pine along the entire 380 

metre route of the path. Although recognising that the viewing platform 

will appear somewhat prominent in that it is a man made feature within 

an otherwise relatively undisturbed natural environment, it is my view 

that the agreement of the applicants to use timber which would be 

allowed to weather naturally, as opposed to the original suggestion of 

recycled plastic, will assist in allowing the platform to blend into its 

proposed setting. 



37. In conclusion, the overall proposal represents the opportunity to 

provide enhanced access to the rural area, and the all abilities aspect 

is therefore to be particularly welcomed. In this regard the provision of 

the viewing platform at the culmination of the new path is also a logical 

addition and its benefits have been alluded to earlier in this report. The 

platform would provide enhanced opportunities of views over the loch, 

would take the individual further into the lochside environment in a far 

safer manner than would be possible by merely standing on the 

shoreline as far as water levels would allow � with an unstable 

shoreline presenting difficulties for the less sure footed user, and finally 

it would also serve as an effective place for users of the path to rest 

securely. 





IMPLICATIONS FOR THE AIMS OF THE NATIONAL PARK 



Conserve and Enhance the Natural and Cultural Heritage of the Area 



38. In terms of landscape the proposed development is a relatively small 

project, which with the exception of the proposed viewing platform 

resembles the existing path network in the area and it will not have any 

detrimental visual impact. An appropriate assessment has indicated 

that the development would not adversely affect natural heritage 

designations in the area. 



Promote Sustainable Use of Natural Resources 



39. No details have been provided as to where the actual material will be 

sourced from for the bridge and platform construction and also for the 

surfacing of the path. However, it is likely that the timber component 

will be sourced locally. It is also understood that it is the intention of 

the applicants to employ locally based contractors to carry out the 

proposed works. 



Promote Understanding and Enjoyment of the Area 



40. The proposed all abilities path and viewing platform would provide 

enhanced opportunities for all abilities access in this area of the 

National Park and would therefore contribute to the opportunity for the 

general public to access and enjoy the area. 



Promote Sustainable Economic and Social Development of the Area 



41. The all abilities path and associated new footbridge and viewing 

platform is a project undertaken by the Upper Deeside Access Trust 

which has a tradition at project level of employing local people. Such 

work helps to raise the profile of the organisation which in a small way 

contributes to this aim. The improvement to the route may result in 

more walkers in the area which could have spin-offs for local shops and 

services. 





RECOMMENDATION 



42. That Members of the Committee support a recommendation to: 

Grant Full Planning Permission for an all abilities path from Dinnet 

Car Park to the eastern shore of Clarack Loch (380 metres) and also a 

viewing platform, subject to the following conditions : -



1. The development to which this permission relates must be begun within 5 

years from the date of this permission. 



2. The development shall be undertaken in accordance with the construction 

method statement submitted in conjunction with the planning application. 



3. The all abilities path, footbridge and viewing platform shall be maintained 

in accordance with the maintenance regime set out in the construction 

method statement. 



4. All work shall be carried out outwith the peak bird breeding season i.e. 

before 1st March and after 31st July, in order to avoid disturbance to 

breeding birds. 



5. In the event of any suspected otter resting sites or holts being discovered 

in the course of construction, all work shall immediately cease and shall 

not recommence until the advice and guidance of Scottish Natural Heritage 

has been sought and implemented. 





Mary Grier 

planning@cairngorms.co.uk 



31 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.