Judge rejects appeal against housing plans for Cairngorms National Park

OPPONENTS of plans for housing developments within the Cairngorms National Park have suffered defeat in an attempt to persuade a judge to outlaw the proposals.

The campaigners had hoped that Lord Glennie would accept any of eight grounds of appeal and rule that a blueprint for up to 2,000 houses should be ditched.

However, the judge rejected each and every argument, paving the way for the Cairngorms National Park Authority (CNPA) to press ahead with the schemes outlined in its 2010 local plan.

Under the plan, devolopment policies were adopted for Nethy Bridge (40 houses), Carrbridge (117), An Camas Mor near Aviemore (1,500 over time) and Kingussie (300).

An appeal to the Court of Session in Edinburgh against adoption of the local plan was taken by three groups, the Cairngorms Campaign, Badenoch and Strathspey Conservation Group, and the Scottish Campaign for National Parks.

They feared overdevelopment which could harm a range of birds, animals, insects and plants, and alleged that the park authority had failed to “conserve and enhance the natural and cultural heritage of the park” as it was obliged to do under the National Parks (Scotland) Act 2000.

CNPA disputed that it had fallen foul of its obligations in drawing up the local plan, and said modifications had been made in light of recommendations by reporters following a public inquiry.

Lord Glennie said the adoption of the local plan was challenged on a number of different grounds, and by reference to a range of different legal and environmental policies.

He said: “I am not persuaded that the appellants have been able to demonstrate that CNPA have failed to take any of the material considerations into account. Indeed, I am persuaded that the appellants have not shown any basis for a successful challenge. The exercise of drawing up a local plan involves, at times, the striking of a balance. The statutory constraints recognise this, as do the policies in the local plan.”