One dwelling at The Sheiling, Finzean, Banchory

What was proposed

Permission in principle was sought for one dwelling and subdivision of land, with access from the public road through a private shared track.

“The site is located within the settlement boundary of Finzean, within the garden ground located to the south of The Shieling, which is a detached two storey dwelling which was approved as a replacement dwelling in 2016 (APP/2016/1482). The site previously contained a mix of trees and grassland; however, the trees were damaged during Storm Arwen and the site has subsequently been largely cleared.”

“This proposal seeks permission for the erection of a dwellinghouse which would take access from the public road to the north, via a private track and a shared access with The Shieling. The dwelling would be positioned within a rectangular shaped plot in the southern portion of the existing garden ground.”

Officer report

What consultees said

Roads and Scottish Water raised no objection, no school or affordable housing contributions were required, and the community council neither supported nor objected.

“Legal and People (Developer Obligations) have confirmed that Finzean Primary School and Aboyne Academy are operating within capacity and the proposal does not engage the Developer Obligations and Affordable Housing policies. As such, no contributions are required.”

“Scottish Water hold no objection to the application, there is sufficient capacity in the Invercannie Water Treatment works, however there is no public waste water infrastructure within the vicinity of the proposed development.”

Officer report

What people objected to

Three objections raised concerns about privacy, amenity, drainage, access safety, housing density and the character of the area.

“A total of 3 valid representations objecting to the proposal have been received as defined in the Scheme of Governance. All issues raised have been considered. The letters raise the following material issues:”

“Detrimental impact on amenity - loss of privacy; • Impact of additional septic tank on watercourse; • Access unsuitable – safety implications; • Inappropriate housing density; • Inappropriate for character of the area.”

Officer report

Who spoke

The applicant spoke in support, while an objector spoke about loss of amenity and privacy.

What members discussed

Members asked about the likely siting and impacts, and heard that these matters would be assessed fully when the final design was submitted.

“The Senior Planner reported on the details of the application which was recommended for approval. The Committee heard that, as the application sought planning permission in principle, layout, siting and design details were indicative, and the key consideration was whether the site had scope to accommodate a dwelling. Concerns raised in representations in relation to scale and overlooking could not be fully assessed until the later design stage.”

“Members asked questions in relation to likely siting and potential impacts raised in representations. It was reiterated that these issues could not be fully considered until the final design was available.”

Minutes

The decision

The committee granted planning permission in principle because the proposal was considered appropriate infill development that would not harm Finzean’s character.

“In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended) this planning permission in principle will lapse on the expiration of a period of five years from the date of this decision notice, unless the development hereby granted is begun before that date.”

“The Planning Authority considers that the application is for a development that is in accordance with the Aberdeenshire Local Development Plan 2023 and National Planning Framework 4. The proposal is considered an appropriate infill development without impacting on the character of Finzean in compliance with Policy 16 Quality Homes and Policy 14 Design, quality and place within National Planning Framework 4 and Policy P3 Infill Developments within Settlements and Householder…”

Minutes

Conditions attached

The permission requires later approval of layout, design, landscaping, tree protection, drainage, access, parking, energy and other specified details.

“(b) Full details of the external appearance and finishing materials of the proposed development; (c) A landscaping, biodiversity enhancement scheme and tree protection plan; (d) A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point; (e) Full details of the proposed means of disposal of foul and surface water from the development; (f) Full details of the proposed…”

“No works in connection with the development hereby approved shall commence unless a tree protection plan (TPP), has been submitted to and approved in writing by the Planning Authority in accordance with details to be submitted under condition 2 part c). Tree protection measures shall be shown on a layout plan, accompanied by descriptive text and shall include:”

Minutes