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.
