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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

Grampian Conditions/Certificates

Former Member, modified 7 Years ago.

Grampian Conditions/Certificates

A major residential application has been submitted with its main access from an unadopted byway together with a Certificate C ie unknown owners. There are thought to be 4            separate owners of the byway but the developer obviously has no agreement with them. The  Planning Officer would like to recommend approval subject to a Grampian Condition to improve the access. Given the Merritt Case and others:

Is the certificate acceptable?

Is such a condition ultra vires? Is there any 'reasonable propect' of implementation within the usual time limits given that the 4 owners have a share of a ransom strip?

(The Planning Authority may be willing to make a CPO afterwards.)

Very unusual!

Many thanks for any views.