A planning application for nearly 2,000 homes in Aberdeen will be sent back to the council after a landmark legal ruling involving the Queen’s cousin and an Aberdeenshire housing estate.
Plans were approved last September for 1,700 homes, and shops, schools and community centres at Rowett South in Bucksburn.
Councillors unanimously agreed to approve the proposals, which were tabled by Aberdeen University and Bon Accord Land Promotion, subject to a number of conditions.
But now the report will have to return to the planning, development, and management committee next Thursday.
The Duke of Fife – the landowner behind the Chapelton of Elsick development near Newtonhill – went to the Court of Session earlier this year, challenging an £8million developer contribution bill to the strategic transport fund.
He argued the cash demand was unlawful, and the court upheld his claim, prior to reducing the bill to just £287,000.
The report to councillors read: “At its meeting on September 17, 2015 the committee agreed a willingness to approve this application, but to withhold the consent document until the applicant had entered into a legal agreement to secure developer contributions and affordable housing.
“This included financial contributions towards the Strategic Transport Fund. Subsequently, a legal challenge was lodged at the Court of Session (Inner House) by the Elsick Development Company Ltd and Goodgrun Ltd.
“The Inner House issued its decision on April 29, 2016 which allowed the appeal and quashed the STF supplementary guidance.
“In light of this new material consideration emerging since the committee considered the application, there is now a requirement to refer the application back to committee.
“This is in order that the matter of the development’s impact upon the strategic transport network can be considered in the absence of the STF Supplementary Guidance.
“Although the committee are required to re-consider the application in its entirety, because the only material consideration to have changed is that in relation to the STF, this report looks at the issue of strategic transport only.”
Council planners have recommended approval with conditions such as a 25% affordable housing contribution.
Aberdeen University did not respond to a request for comment.
