Bus stop condition varied

A reporter varied a condition attached to a permission for housing on allocated land outside a village in Scotland to allow a further year to provide two bus stops but upholding the council's preference for their location.

A 2018 permission for 100 houses as a second phase of a masterplan for 600 houses had been granted subject to a condition requiring the provision of two bus stops consisting of laybys and shelters, and a refuge island for crossing the main road before any house was occupied. The council had alreday amended the condition to delete the link to occupation but applying instead a deadline which had since been relaxed to extend the time period for providing the bus stops.

The appellant now disputed the amount of bus stop infrastructure sought by the planning authority and had also suggested an alternative location at an adjacent proposed business park which would require re-routing buses around the housing estate. Measuring the condition against the six tests set out in circular 4/1998 on the use of conditions in planning permissions, the reporter was satisfied of the need for the bus stops in the specified location and judged the requirement for laybys as reasonable and unlikely to erode an important tree belt identified in the masterplan. He also considered the appellant's proposed alternative location and routing unfeasible. Given that a deadline of 31 January 2020 could no longer be complied with, he varied the condition to allow a further extension of time and for an alternative and possibly less costly arrangement in the same location to be approved by the planning authority, in consultation with the roads authority.

Reporter: Mike Shiel; Written representations


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