URL: https://aberdeenshire.moderngov.co.uk/ieDecisionDetails.aspx?ID=3316

Decision Maker: Garioch Area Committee

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose: Departure from Development Plan and is recommended for approval.

Content: The Senior Planner explained that a revised report had been circulated taking into account the letter from the Community Council which was provided as an appendix.   She explained that the application was to change the use of a piece of open space between two properties to form a vehicular access for a property that was currently land locked.  She said that the open space was a grassed area with a tree and only 25% of the area was being used for the drive.  The remaining area would remain as open space and the tree would be retained.  She indicated that it was an informal area of open space and given its location and size it was not considered to compromise the amenity of the development.   Members sought clarification regarding the configuration of the fence and gate, the replacement gully, changes to the wall and permitted development rights.  Officers confirmed that the gully would be moved and replaced to the required standards, and that the wall, fence and gate would be able to be erected under permitted development.   The Committee recognised that an access would be required for any new application for a dwelling to meet current requirements and noted that the loss of open space would be minimal and not have a significant adverse impact on the character, setting and amenity of the development.   The Committee agreed:-   1          that the reason for departing from NPF 4 Policy 20 Blue and Green Infrastructure and ALDP Policy PR1 Protecting Important Resources is that by reason of the small scale of the development and limited connectivity of this area of open space there would be no material impact on the integrity of the open space network serving the wider Westhill settlement. The development retains the open aspect of the area and the layout and design of the access driveway is in keeping with the character of the local area. The remaining open space area would be retained as greenspace and would retain the visual amenity value of the space within the existing street scene. The development complies with policy in all other respects. The development is therefore considered as an acceptable departure from both Policy 20 Blue and Green Infrastructure of National Planning Framework 4 and Policy PR1 Protecting Important Resources of the Aberdeenshire Local Development Plan 2023   2.         to GRANT Full Planning Permission subject to the following conditions:   1.         In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended) this planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development is begun within that period.               Reason: Pursuant to Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended).   2.         No development in connection with the permission hereby granted shall commence and the access hereby approved shall not be brought into use unless visibility of 25 metres in both directions along the channel line of the public road has been provided from a point 2 metres measured at right angles from the existing edge of the carriageway surface along the centre line of the approved new access in accordance with the Council’s Standards for Road Construction Consent and Adoption. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays in accordance with the approved plans. Once formed, the visibility splays shall be permanently retained thereafter and no visual obstruction of any kind shall be permitted within the visibility splays so formed.               Reason: To enable drivers of vehicles using the access to have a clear view of other road users and pedestrians in the interests of road safety.   3.         That prior to the access driveway hereby approved coming into use, it shall be constructed to meet the following standards:   •           The maximum gradient of the first 5m of the new access must not exceed 1 in 20. •           The first 5m of the new access (measured from edge of road or back of footway) shall be fully paved •           A drop kerb footway crossing must be formed at the new access. •           The remaining length of the new access shall be completed in its entirety and surfaced in accordance with the details shown on the approved plan (Proposals – Drawing number 25-495/03 REV B). Once provided, the access shall thereafter be retained in perpetuity.               Reason: To ensure the timely completion of the access driveway to an adequate standard in the interests of both road safety and visual amenity.   4.         No works in connection with the development hereby approved shall commence unless the tree protection measures as detailed on Drawing number 25-495/03 REV B have been implemented in full. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written consent of the Planning Authority and no fire shall be lit in the position where the flames could extend to within 5 metres of foliage, branches or trunks. The approved tree protection measures shall be retained in situ until the development has been completed.               Reason: In order to ensure adequate protection for the tree on the site during the construction of development, and in the interests of the visual amenity of the area.   5.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or any order amending, revoking or re-enacting that Order no means of enclosure, along the west boundary of the access driveway hereby approved shall be erected on the site under the terms of Classes 3E and 7 of Schedule 1 to that Order without an express grant of planning permission from the planning authority.               Reason: In the interests of the character and appearance of the development and retaining the open aspect of the amenity area to the west.    

Date of Decision: April 21, 2026