10 homes and access changes at Tillycairn Steading, Tarves, Ellon

“Planning permission is sought for the conversion of a steading to form 6 dwellinghouses and the erection of 4 dwellinghouses without compliance with Condition 1(b) (Visibility Splays) and Condition 2 (Access) of planning permission reference APP/2020/1056 at Tillycairn Steading, Tarves.”

“The applicant seeks to remove Condition 2 as the adoptable road condition was not stipulated by Aberdeenshire Council’s Roads Development Team at the time. This condition was previously sought for removal under planning application APP/2023/2104 and was refused by the Formartine Area Committee, although the Aberdeenshire Council’s Roads Development Team did not object to the removal of this condition. Condition 2 is as follows:”

“The site is located in a rural area, approximately 2.2km west of Tarves. It is partially intersected by an access track from the north-west which extends south, through the western portion of the site.”

“APP/2023/2104 Section 42 application for conversion of steading to form 6 dwellinghouses and erection of 4 dwellinghouses without compliance with condition 2 (Adoptable Road) of Planning Permission Reference APP/2020/1056. Refused 30 April 2024.”

“The above application is refused on the grounds that the condition had been attached to the original consent for reasons of safety related to provisions for use of the road by school transport and refuse lorries, rather than them pulling into a junction from what was a very busy road.”

“Although the Community Council's objection contains a material planning consideration (road safety), the non-compliance with Conditions 1(b) and 2 satisfies Aberdeenshire Council’s Roads Development Team with regards to safe access and standards the development must meet. Whilst Policy RD 1.6 notes the requirement for adoptable roads, this is a should rather than a must subject to consultation with the Roads Development Team.”

“The proposal for the conversion of a steading to form 6 dwelling houses and erection of 4 dwelling houses without compliance with Condition 1(b) (Visibility Splays) and Condition 2 (Access) of planning permission reference APP/2020/1056 is acceptable as it is not in conflict with the National Planning Framework 4 and Aberdeenshire Local Development Plan 2023. It is…”

“Environment and Infrastructure Services (Roads Development) has no objection. Roads Development did not request Condition 2 as per the response to APP/2020/1056 dated 17/08/2020 and therefore have no objection to the variation of the condition.”

“Tarves Community Council objects to this application on the grounds of road safety. They agree with the previous committee decision in relation to requiring an adoptable road to serve the development, that ALDP policy…”

“A total of 8 valid representations (8 support) have been received as defined in the Scheme of Governance. All issues raised have been considered. The letters raise the following material issues:”

“Visibility is improved now with the hedge removed and access is safer. • Safer views at the cross roads since improvements were implemented.”

“Following consideration of the information provided, the Committee agreed to defer consideration of the application, pending a site visit to be held in relation to Planning Application…”