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February 2011
Cairngorms National Park Local Plan Legal Challenge

Background

The Cairngorms National Park Local Plan was adopted by the Board of 
the Cairngorms National Park Authority (CNPA) on 29 October 2010.

The Plan replaced the local plans covering four of the local authority 
areas within the Park: Aberdeenshire, Angus, Highland and Moray but not Perth & Kinross.

From the notice of adoption, which appeared in the Edinburgh Gazette on 8 November 2010, 
there was a six week period during which aggrieved parties could apply to the Court of 
Session to question the validity of the Plan on the grounds that it was outwith the powers 
of CNPA, or that the requirements of the existing legislation had not been complied with.

Challenges to an adopted local plan are made on points of law under section 238 of the Town 
and Country Planning (Scotland) Act 1997, the grounds being that the plan is outwith the
 powers conferred by the relevant legislation, including the Town and Country Planning (Scotland) 
Act 1997, The National Parks (Scotland) Act 2000 and the Nature Conservation (Scotland) Act 2004, 
or that the requirement of the legislation or the relevant regulations have not been 
complied with during the preparation or adoption of the plan.

One appeal was submitted to the Court:
Badenoch and Strathspey Conservation Group: the Cairngorms Campaign and the Scottish 
Campaign for National Parks have jointly appealed on a number of grounds, including 
the contention that CNPA have not paid sufficient regard to the aims of the Park, 
and have cited various housing allocations set out in the Local Plan to expand 
their arguments

Effect of Challenge
The challenge does not prevent the CNPA from determining planning applications.

Anyone applying for planning permission should continue as normal.

The Local Plan still stands.
The fact of the legal challenge will be a material consideration for 
planning applications determined while the case is outstanding.