Nethy housing plan is thrown out

CONTROVERSIAL plans for a major housing development in a Nethy Bridge wood have been knocked back by the Scottish Government – but the planning authority says a new scheme will still go ahead.

Developers Inverburn Ltd launched an appeal after detailed proposals for 30 houses, 10 affordable self-build plots and eight business units were refused planning permission by the Cairngorms National Park Authority at the start of the year.

The planning committee’s conclusion has been upheld by Scottish Government Reporter Philip Hutchinson, who dismissed the developer’s appeal, saying the detailed plans had “gone beyond the scope of the original outline planning permission” for the site at School Wood. Concerns over the impact of the proposals on wildlife, including red squirrels and otters, were also cited as a major reason for upholding the original decision.

Cairngorms National Park Authority (CNPA) welcomed the Reporter’s decision, but stressed it did not mean building would not go ahead as the principle of development had already been established on the land at School Road and Craigmore Road. Opponents of the scheme vowed to fight on, with the Badenoch and Strathspey Conservation Group warning future decisions may face legal challenges.

Critics claim the ‘executive’ homes proposed by Inverburn Ltd would be outwith the price range of people living and working locally. The reporter said he was not satisfied the developers had stuck to the terms of the outline planning permission. Planning laws require that affordable homes are included in all new developments in the Highlands; outline permission had sought that 10 affordable units were built as well as 10 self-build plots being made available to eligible locals. However, Mr Hutchinson’s report stated, the indicative layout submitted by the developers showed ‘not a single pair’ of the cheaper semi-detached houses envisaged by the planners.

“I am being asked to approve plans showing exclusively detached houses,” the Reporter added in the appeal decision notice. “I cannot reasonably approve these in the vague hope that a proportion of semi-detached houses would be introduced later on.” Mr Hutchinson said he shared the reservations of Cairngorms National Park Authority planning officials as to how the ‘fairly standard upper

Concerns over the impact on red squirrels and other wildlife, including otters, also played a role in the decision. Two red squirrel surveys were carried out at the site, one in January 2008 by consultants appointed by the developers and a second in April 2009 by the Badenoch and Strathspey Conservation Group, which found more than 100 dreys.

Roy Turnbull, of the Badenoch and Strathspey Conservation Group, which has opposed the development since the outset, welcomed the Reporter’s decision and pledged to carry on the fight against the development.

“It is not surprising that this flawed application has been dismissed on appeal,” he said. “It was comprehensively rebutted by the Cairngorms National Park Authority planners and unanimously rejected by the Cairngorms National Park planning board. The applicants had not provided the wide range of ecological surveys asked for by the CNPA nor any semi-detached dwellings as required by the outline consent.

“Further, the Section 75 Agreement attached to the consent stipulated that of the 40 houses, 20 were to be self-build plots, 10 affordable and 10 otherwise, an outcome explicitly endorsed by all six Highland Region Councillors involved with the outline consent, as well as Nethy Bridge Community Council. Yet, this application rode roughshod over this requirement, being for 30 detached dwellings, of a form the Reporter describes as ‘upper

“The impression remains of an application designed to maximise the profits of the applicant at the expense of environmental and social considerations. In view of the possibility of a further application for housing in School Wood, all concerned would do well to remember that at the end of the day decisions on such applications may be subject to judicial review.”

Peter Argyle, the CNPA’s Planning Committee Convener said: “We welcome the news that the Reporter has dismissed the appeal, agreeing with the Planning Committee’s original decision and acknowledging that the development proposed for this site was not in keeping with the scope of the outline planning application. The Reporter’s decision also illustrates how important it is to provide thorough ecological information when making applications.

“However, the principle of a development on this site has been established – it has an outline planning consent. It is not a case of whether or not it should be developed but how that should be achieved sensitively and we welcome the Reporters comments in relation to this.”

Plans to develop School Wood have been the subject of fierce debate in Nethy Bridge since the area was controversially designated for housing in 1993 the Highland Council’s second draft local plan.

The proposal by Inverburn Ltd for School Road and Craigmore Road in the village was first submitted to Highland Council in 2002, before the Cairngorms National Park Authority had been set up. The Inverness-based firm was subsequently granted outline planning permission by the local authority in February 2006 for their plans.

Detailed plans were rejected at the planning meeting this January because of a lack of supporting information and because no-one from Inverburn Ltd attended the gathering.

At the meeting planning officer Mary Grier said the extent of the information submitted in support of the detailed planning application had been “quite limited”.

She said: “To be able to assess the application on its merits, we require more information, such as various mammal and bird surveys, a detailed landscaping plan and clarification of affordable housing provision on the site.”

The Park Authority received 19 letters of representation against the plans with concerns including:

• the loss of woodland and the impact on red squirrels;
• the development being out of scale for Nethy Bridge;
• the proposed housing type suggested they would not be available
• affordable to local people and concerns were expressed about the already high number of unoccupied homes in the village; and
• the lack of detail in the application

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