Out-Law / Your Daily Need-To-Know

The Cairngorms National Park Authority has resolved to grant planning permission for a controversial 1,500 development at An Camas Mor, near Aviemore, despite an ongoing legal challenge to the Local Plan.  

The development is planned for land to the east of the River Spey and will include up to 1,500 new homes, with associated business and community facilities.  It is expected that the first phase will deliver up to 80 affordable homes.   

The Local Authority initially resolved to grant planning permission in 2010 subject to a legal agreement and conditions.  The planning report (35 page / 247KB PDF) submitted to the committee stated that the formal decision has been delayed for numerous reasons including "complex and protracted" Section 75 planning obligations negotiations.  There was also delay due to the legal challenge of the Cairngorms National Park Local Plan brought by the Cairngorms Campaign, the Scottish Campaign for National Parks and the Badenoch and Strathspey Conservation Group to overturn certain policies in the plan including the An Camas Mor development.

The Court of Session rejected the challenge but the groups have appealed to the UK Supreme Court.  This was considered to be a "relevant material consideration" by the Local Authority when determining the application.   

"There remains a possibility that the parts of the Local Plan which refer to An Camas Mor, and which contain specific support for its development, may be quashed.  If the appeal were to be successful, and the parts of the Local Plan relating to An Camas Mor were quashed that would removed a key justification supporting the recommendation to conditionally approve the application", the report said.

"Although notice has been given of a further appeal to the UK Supreme Court, by the time there is a decision on any such appeal, it is anticipated that the new Cairngorms National Park local development plan will be in place and the local plan which is subject of the appeal will have been superseded," it said. "Consequently, if members of the planning committee accept the recommendation in this report, it is then possible, upon completion of the Section 75 planning obligation, to proceed to issue planning permission in principle."

Planning convener for the local authority Eleanor Mackintosh told Inside Housing: "One of the challenges facing the Park is the need to provide housing and employment opportunities for future generations in a way that also looks after and supports the wildlife and landscapes that the Park is known and loved for".

An Camas Mor has already been identified as part of the Scottish Sustainable Communities Initiative. It will help to meet the needs of a growing population over the next 30 years in a sustainable way and will create a high quality place for living and working in the Park."

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