Bid to end 11-year wait for play park

East Garioch councillor Martin Ford
East Garioch councillor Martin Ford

Two planning enforcement notices have been served by Aberdeenshire Council on Avant Homes in respect of the former Kingseat Hospital development near Newmachar.

The action by the Council's planning service follows a report on Kingseat, instigated by East Garioch councillor Martin Ford, that went to the Garioch Area Committee in June.

Cllr Ford has welcomed the decision to serve enforcement notices.

He said: "I am very pleased by the response from the Council's planning service to the Member Promoted Issue report on Kingseat discussed at the Garioch Area Committee in June. Actions are now being taken that will put real pressure on the main site owner to complete at least some of the outstanding planning requirements."

The planning enforcement notices served relate to the storage of spoil and materials and failure to install a play park, required from the developers as part of the overall Kingseat planning permission.

The developer has 12 weeks from 20 October to clear the spoil storage area and create a new open space including play equipment. If the developer wishes to appeal the enforcement notices, it must do so by 19 October.

Cllr Martin Ford said: "Under the Councillors' Code of Conduct, councillors are not allowed to press for particular planning enforcement actions. Such decisions are for officers in the planning service. The decisions officers have now taken regarding Kingseat have my wholehearted support.

"I do think Aberdeenshire Council was far too passive for far too long in dealing with the stalled development at Kingseat. Of course, the Council cannot simply order the developers to complete the whole development, it doesn't have that power. But the Council can proactively pursue obligations the developers have under the legal agreements associated with planning permissions, and take enforcement action over non-compliance with those permissions.

"There is clearly now a new determination to use the powers the Council does have to try to force the main site owner to undertake further work stipulated by the permissions granted and agreements signed. That has got to be very welcome."

Aberdeenshire Council hopes Avant Homes will comply with the enforcement notices. In the event of non-compliance, officers in the Council's planning service will decide what action to take. This could include the Council undertaking the work required and recovering costs from Avant Homes and reporting Avant Homes to the procurator fiscal for non-compliance.

The Council is also reviewing other options for action to get work progressed at Kingseat, including Avant Homes' obligations under Section 75 legal agreements.

In order to preserve the historically important former hospital site, Aberdeenshire Council granted planning permission for a mixed use development at Kingseat in December 2004.

The first new homes at Kingseat were completed on 21 February 2006 – so some residents have now been living in an unfinished development for over eleven years. The lack of a play park is just one very obvious failure by the main site developer.

The Council's long-standing policy on preserving the historic buildings at Kingseat is reflected in the agreed development brief for the site.

Cllr Martin Ford said: "The goal has to be to get the whole development finished and see the fine buildings that are currently derelict brought back into use."