Garden ground and driveway at Land South Of Leddach Road, Westhill

What was proposed

Permission was sought to turn part of open space into garden ground and create a new driveway to an existing home.

“The site is located in a residential area within the settlement boundary of Westhill as defined within the Aberdeenshire Local Development Plan 2023 (ALDP). The application site lies within an area of amenity open space which has a total area of approximately 212 sqm. Residential properties lie to both east and west sides, Leddach Road lies to the north and the applicant lives in the dwellinghouse known as Del Dios which lies to the south of the open space area.”

“The proposed driveway is to be formed in permeable paving slabs with granite chips along either side to facilitate drainage. The plans indicate that the proposed boundary to the west side with the open space area would be left undefined and open.”

Officer report

Why the access was needed

The existing home had no vehicular access, and the applicant sought a safer route because the alternative involved a steep pedestrian path.

“The application is supported by a short supporting statement which is accompanied by photos of the site. The statement confirms that the existing house is effectively land locked and there is no vehicular access serving the dwelling. There is a single garage under the applicant’s ownership which takes access off Old Skene Road (to the south) and due to the site topography, the house is accessed from here by a steep stepped…”

Officer report

What officers recommended

Officers recommended approval because the remaining open space, tree and open character would be retained without unacceptable effects on the wider area or nearby homes.

“The proposal would result in only a minor encroachment, and having regard to the limited scale and connectivity of this section of open space combined with the fact that the open aspect of the space would be retained, the Planning Service considers that its loss would not adversely affect the overall integrity of the wider Westhill open space network.”

“Given the small scale 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 driveway is in keeping with the character of the local area. The remaining open space area would be retained as greenspace and would provide visual amenity value within the existing street scene.”

Officer report

Consultation responses

Natural Environment and Roads Development raised no objections after revisions, while the community council objected to losing open space and the proposed gate and wall.

“Environment and Infrastructure Services (Roads Development) initially requested that the applicant provide updated plans showing the required visibility splays (2m x 25m), the first 5 m of the driveway to have maximum gradient of 1:20 and a revised location of the road gully to be outwith the area of the dropped-kerb. Following receipt of revised plans, it has no objections subject to its standard conditions and informatives being applied.”

“Westhill & Elrick Community Council objects on the grounds of loss of part of an open and amenity space plus the configuration of the proposed gate and wall.”

Officer report

Concerns from residents

Representations raised concerns about traffic, parking, loss of open space, neighbour amenity, maintenance and the fence and gate.

“A total of 4 valid representations (3 objection and 1 neither supporting nor objecting) have been received as defined in the Scheme of Governance. All issues raised have been considered. The letters raise the following material issues:”

“Concerns of increased traffic (including delivery and service vehicles) on an already busy residential road • Concerns of increased on street parking causing congestion • Concerns of loss of on street parking space at location of access • Loss of amenity to neighbours • Loss of open space/play area • Concerns on future maintenance of the open space area • Concern regarding the configuration of the fence and gate.”

Officer report

Who spoke

The Senior Planner explained the proposal and officers answered questions about the gully, wall, fence, gate and permitted development rights.

What members considered

Members considered that access would be needed for a future dwelling application and that the open-space loss would be minimal without significant harm.

“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.”

Minutes