One three-bedroom dwelling at Land To East Of Mortimer's Way, Auchleven, Insch

What was proposed

The application sought permission for a detached one-and-a-half-storey, three-bedroom house with solar panels, an air-source heat pump and private drainage.

“The application site forms part of a larger site that was previously granted planning permission in principle in 2015 for the erection of three dwellinghouses and garages. The associated matters specified in conditions (MSC) application was subsequently approved in 2018. Development subsequently commenced on site in association with these approvals.”

“Thirteen photovoltaic solar panels are proposed to be installed on the south facing roof plane. An air source heat pump will be installed to the southern elevation. A 1.2m high post and wire fence is proposed around the site together with tree planting at the site corners.”

Officer report

The site and surroundings

The 0.69-hectare greenfield site lies 35 metres east of Auchleven’s settlement boundary, beside countryside, agricultural land, tracks and existing structures.

“The application site extends to 0.69 hectares of greenfield land and is within the accessible rural area. The application site is 35m to the east of the settlement boundary of Auchleven as defined within the Aberdeenshire Local Development Plan 2023. The site lies to the east of the main road running through the settlement and to the east of Auchleven Croft.”

“The site is bounded to the west by two temporary structures including a chicken shed and a static caravan under the applicant’s ownership. To the north, lies an existing access track which links to the main road running through Auchleven. The remaining boundaries are defined by open countryside and agricultural land.”

Officer report

Earlier permissions

The larger site had permission for three houses and garages, development had begun lawfully, and the earlier consent remained capable of being implemented.

“Evidence submitted by the agent and applicant, including details of the site’s planning history and start notice, demonstrated that a lawful commencement had been made. As such the Planning Service confirmed that the earlier consent remains extant and still capable of being implemented.”

Officer report

What officers recommended

Officers recommended approval as an appropriate departure because the planning history established the development principle and the proposal met the relevant technical requirements.

“Notwithstanding this policy conflict, the principle of development is considered established due to the planning history and evidence of commencement on site. Initial concerns were raised by the Planning Service regarding discrepancies between the approved layouts and the works carried out, and further clarification was sought to confirm whether a lawful start had been made.”

“In considering the principle of the development, weight can be given to the planning history as a material consideration. Having regard to this it is the view of the Planning Service that the planning history justifies a departure from ALDP 2023 Policy R2 and NPF4 Policy 17 in this instance.”

Officer report

Public representations

No valid letters of representation were received.

“No valid letters of representation have been received.”

Officer report

Who spoke

The Senior Planner explained the proposal and its planning history, and the applicant described the smaller, more energy-efficient house proposed to meet his needs.

Members’ discussion

Members asked about developer obligations and the wording of conditions before accepting the officer recommendation in light of the site’s history.

“Members sought clarification regarding the developer obligations required and clarification regarding the wording of conditions 1, 2, and 4.”

“Members, taking into account, the history on the site were content to accept the Officer recommendations.”

Minutes