I can confirm that the Roads Development team have no

Subject RE: LRB 316 - NOTICE OF REVIEW SUBMISSION - APP/2015/2043

From Graeme Steel

To Local Review Body Submissions; Frances Brown

Sent 03 December 2015 16:16

I can confirm that the Roads Development team have no comments to add to those forwarded tothe Planning Service on 15th. July, 2015(attached).

Regards

Graeme Steel I.Eng AMICE

Principal Engineer

Roads Development (Garioch and Formartine)

Infrastructure Services

Aberdeenshire Council

Tel No 01467 628087 (Int 721 8087)

Web Site www.aberdeenshire.gov.uk

Infrastructure ServicesRoads Development

Roads Development Planning Consultation form

Issue A8 Rev date: 02/04/2012 - 1 -

Technical Consultation No 1 for Planning Application Ref: G/APP/2015/2043 Application type: PPP (Planning Permission in Principle)

Proposal:

Erection Of Dwellinghouse And Garage

Location:

Land Adjacent To, Moss-Side, Fetternear, Kemnay

Date consultation request received: 08/07/2015

Planning Officer: Hilary Wilkinson

Roads Officer: Ross Bennett

1. Visibility Requirements (See Section 4)

Speed Limit at site: mph Design speed: mph ( for )

Based on the minimum visibility requirements within Aberdeenshire Council’s current

standards and on the design speed a visibility of metres by metres will be required Does current application provide this? Yes No

2. Parking Requirements: (Per Aberdeenshire Councils Parking Standards)

From Aberdeenshire Council’s Parking Standards the required parking provision is

Spaces made up of: Operational and Non-Operational.

Is shown provision of spaces acceptable

Yes

No

Note: Parking provision will be required in line with Aberdeenshire Council Standards.

Infrastructure ServicesRoads Development

Roads Development Planning Consultation form

Issue A8 Rev date: 02/04/2012 - 2 -

3. Road Layout: Is a Traffic Assessment required? Yes No

Access onto Public Road Network? Direct Indirect

Will the Shown Layout Require RCC? Yes No

Does the Shown Layout Appear to Comply with RCC? Yes No

If No, What are Main Items of Non-Compliance?

4. Other Comments: Access to the proposed development is to be taken via an existing private access serving Moss Side Farmhouse which is sufficient for the proposed dwelinghouse. It should be noted that this development takes access via a private road, not maintained by the Roads Authority. Granting this development will result in an increase in usage. Accordingly there may be an increased liability on those responsible for the maintenance of the private road.

5. Recommendations:

This Service objects to this application for the following reasons:-

Insufficient Visibility

Insufficient Parking Provision

Road Safety (see comments in Section 4)

Insufficient information has been submitted to comment on this

application. Please treat this response as a holding objection until the required information has been submitted. (See Section 4)

This Service has no further comments to make on this application.

This Service does not object to this application subject to the following conditions being applied should planning permission be granted:-

Initialed by:

Checked:

Date: 15/07/2015

Date: 15/07/2015

Old Fetternear School : Fetternear : Aberdeenshire : AB51 5JY

Aberdeenshire Council

Business Services

Legal and Governance

Woodhill House

Westburn Road

Aberdeen AB16 5GB 16th December 2015

Dear Ms. Brown, Notice of Review Under the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Thank you for your letter of 3rd December informing me of the Notice of Review regarding planning application APP/2015/2043 - Erection of dwelling house and garage at land adjacent to Moss-Side, Fetternear, Kemnay Planning permission was refused for the following reasons: ( 1) The proposed development does not comply with Policy 3: Development in the Countryside and SG RD1: Housing and Business Development in the Countryside of the Aberdeenshire Local Development Plan 2012 in that the proposed dwelling house does not contribute to an existing cohesive group of at least five houses. ( 2) The applicant has failed to demonstrate that the site can satisfactorily serviced for surface and foul water drainage contrary to the requirements of Policy 9: Developer Contributions and SG DC 3: Water and waste water drainage infrastructure of the Aberdeenshire Local Development Plan 2012. I have the following observations on Mr Winks response to the above: It has been established that the proposed dwelling house does not contribute to an existing cohesive group of at least five houses. Mr Wink argues that a cohesive group “consists of between 5 and 15 occupied or capable of being occupied dwellings”. If his interpretation of the phrase is correct then every bothy, garage, outbuilding, shed or summer house could be deemed a dwelling (as they are capable of being occupied) so opening the flood gates for property development throughout Scotland. Has a precedent already been established in this regard or will this case be the first?. If so, extreme caution should be taken in making a decision to overrule the Planning Officer’s rejection of this application. Mr Wink failed to convince you that surface and foul water drainage was adequately addressed. He now states “ surface water draining will be dealt with in a sustainable manner…..” and “anticipates applying a sustainable approach……” but fails to demonstrate what he will actually do to address your concerns. Deferring to SEPA is not the solution. The Planning Officer has made the decision to refuse this application on solid grounds as it is contrary to council policy and it has been welcomed by the local community. I can only endorse my support to this decision.

I stand by my original representation that this application should be refused as this application has the potential to destroy the Scottish countryside. Protecting local amenity is absolutely essential. Yours sincerely,

Jonathan Davison

Woodend Cottage Blairdaff

INVERURIE Aberdeenshire

AB51 5LS Your Ref : LRB316 FB/NW 16th December 2015 Tel. No.: Aberdeenshire Council Woodhill House Westburn Road ABERDEEN AB16 5GB For The Attention of: Frances Brown Dear Sirs, Ref : APP/2015/2043 Erection of Dwellinghouse and Garage Land Adjacent To Moss-side Fettenear Kemnay Aberdeenshire Notice of Review – Local Review Body Further to your Notice dated 3rd December 2015 regarding the above Planning Application which I believe quite correctly was recommended for refusal by the delegated Planning Officer I would respond as follows: I would refer to my undernoted comments submitted at the time of the submission of the Planning Application. It remains my view the proposal is contrary to policy and would be detrimental to locality and have an adverse impact on the neighbours directly affected. I am fully supportive of the Planning Officer’s assessment and recommendation that the Application be refused. Yours faithfully Bruce D Murdoch

Referred to : Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment: Despite the impression given by the plans within the submitted Design Statement this is simply a Planning Application for the erection of a dwelling in the corner of an existing agricultural field. The Planning Application is clearly contrary to the Council's current policies and the argument that the site lies within an "existing cohesive group" simply does not stand up to scrutiny. The Applicant has sought to include ancillary accommodation within the curtilage of the adjacent 4No.properties to meet the Council's definition of "cohesive group". The proposed development is therefore contrary to policy as it is not part of a cohesive group and the design and scale is not suitable

Planning application APP/2015/2043 17 December 2015 09:05 Subject Planning application APP/2015/2043

From Nicci

To Local Review Body Submissions


Further to our previous objection to the above planning application dated 03/08/15. Our objection still stands with regards to the Proposed application at Moss‐Side, the single track road leading to the proposed access road has further deteriorated due to a high volume of domestic and commercial traffic and weather conditions. The addition of heavy construction vehicles for not only the site at Moss‐Side but the additional site at Westerton Mr Sutherland has been granted permission for will just accelerate further wear and tear. We again urge the council to reconsider this application, and as we believe Mr Sutherland to be a property developer this will not be the last application in the area again using the single track for access, and as we believe Mr Sutherland has no intention of living in any of these properties himself he doesn't have to be concerned about the state of the track. Yours Sincerely Mr & Mrs S McPherson Millstone Fetternear Inverurie AB51 5JY Sent from my iPad

Planning Application APP/2015/2043 17 December 2015 09:12 Subject Planning Application APP/2015/2043

From Nicci

To Local Review Body Submissions


This is an email sent on behalf of Mr & Mrs Alistair Salter, Westerwood, Fetternear, Inverurie, AB51 5JY. We wish to add to our original letter that the state of the road leading to the access road to Moss‐Side is terrible and only 8ft wide with a lack of lay‐bys. Please include this in the review. Sent from my iPad

Documents

I can confirm that the Roads Development team have no