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Grant Moir www..co.ukCEO, Cairngorms Authority www.cairngorms.co.uk National Park Partnership Plan

www.cairngorms.co.uk Scottish Sandford (ish) Principle

S9 (1) The general purpose of a is to ensure that the National Park aims are collectively achieved in relation to the National Park in a co-ordinated way.

S9 (6)In exercising its functions, a National Park Authority must act with a view to accomplishing the purpose set out in subsection (1), but if, in relation to any matter, it appears to the authority that there is conflict between the National Park aim set out in Section 1 (a) and other National Park aims, the authority must give greater weight to the aims set out in Section 1(a)

www.cairngorms.co.uk Some questions • Is it applied at the strategic level? i.e. NPPP, LDP, Corporate Plan are all constructed to achieve the 4 aims collectively and give greater weight to the conservation aim where there is a conflict • Is it applied at an individual project/planning app level and how is it interpreted by board, reporters & ministers? • What does ‘greater weight’ mean i.e. if there is a conflict the Authority must go with the 1st aim or can it give greater weight and still go with a different aim? • Who is the judge as to what weight should be given? – Board, Scottish Ministers, Judges?

www.cairngorms.co.uk How is this applied?

• Constantly applied by staff and Board but informally rather than formally i.e. trying to resolve things so that the aims are achieved collectively. • Formally within NPPP, LP/LDP & other strategic documents • Referenced in 2 formal planning decisions – Connonish Goldmine, x 2 & An Camas Mor • Useful Clarity in Local Plan Court Cases and Dalfaber Action Group Court case

www.cairngorms.co.uk Local Plan Court Cases

• Local Plan Allocations and compatibility with Natura Legislation, National Parks Act etc • Outer House, Court of Session 21 Sept 2012 • Inner House, Court of Session, 3 July 2013 • UK Supreme Court – still ongoing - Protective Costs Order Refused in Feb 2014

www.cairngorms.co.uk Connonish Goldmine

• Connonish Goldmine: Refusal August 2010 - One of the reasons for refusal was because the proposal goes against the aims of the National Park designation and greater weight needed to be given to conservation.

www.cairngorms.co.uk Connonish Goldmine

• Connonish Goldmine: Approval October 2011 - in short term contrary to aims but in medium to longer term will support the aims • Thus I conclude that, on balance, there is no conflict in this case between the first and the other aims, so there is no requirement to invoke the Sandford Principle giving greater weight to the first National Park aim.

www.cairngorms.co.uk An Camas Mor • The Environmental Impact Assessment identifies significant adverse impact for a prolonged period on landscape in particular and it would not be possible to say that a development with 1500 residential units complies with this aim (1st aim) : indeed it would conflict with it. • Officer Recommendation in June 2010 was for approval for up to1100 units as this was considered to be a level that the conflict with the aims could be resolved. • Board Decision was approval of PiP for up to1500 units in June 2010 but decision notice not issued.

www.cairngorms.co.uk www.cairngorms.co.uk East Loch Lomond camping Byelaws • Schedule 2, paragraph 8(1) of the National Parks () Act 2000 provides that a National Park Authority may make byelaws for a National Park, provided they are for the purposes of: – protecting the natural and cultural heritage of the National Park – preventing damage to the land or anything in, on or under it, – securing the public’s enjoyment of, and safety in, the National Park • Great success – Part of wide ranging management changes in the area – has resulted in 81% reduction in anti-social behaviour

www.cairngorms.co.uk www.cairngorms.co.uk Governance and Accountability

• Local accountability v national importance – 7 ministerial appointees – 3 live in park – 7 council appointees (all councillors) – 2 live in park – 5 directly elected – 5 live in park • Over £60million directly spent by SG through the NPA during past 13 years. High leverage rate on this funding

www.cairngorms.co.uk National Framework

• National policy has started to catch up with the creation of National Parks in the past 4/5 years – Scottish Planning Policy • Windfarms • Housing • Wildland – Conservation • Delivering the 2020 Challenge • Capercaillie Framework

www.cairngorms.co.uk www.cairngorms.co.uk www.cairngorms.co.uk www.cairngorms.co.uk www.cairngorms.co.uk www.cairngorms.co.uk www.cairngorms.co.uk Thank you

Grant Moir, CEO, Cairngorm National Park Authority [email protected]