Councillors have blocked a bid to build a road across private land in Kinross-shire, despite planning approval already being in place for the houses it leads to.
Planning permission to build eight houses near Beaufield, on the outskirts of Balado, was granted in 2016.
The agreement sparked a legal row because the proposed access road would cut across private land leading to other homes.
The court case went in favour of the applicant, Steven Farish, with a sheriff ruling there was a right to build on private land in order to service the new development.
However, a planning application to tweak the road layout has now been blocked by Perth and Kinross councillors.
Planning officers said the change of route would result in less disruption for current residents.
Members of the planning and development management committee voted by eight to four to reject the application, with opponents labelling the road “completely unacceptable”.
Independent Kinross-shire councillor Michael Barnacle proposed the motion to refuse planning permission.
He said: “Neither the community or the local members support the development of this site.
“There are guidelines nationally to limit development on private roads which seem to have been ignored.”
He was seconded by Liberal Democrat and fellow Kinross-shire councillor Willie Robertson, who said: “To create a road along people’s driveways is totally unacceptable, as far as I’m concerned. “
The application attracted nine objections, including one from Kinross community council, which raised concerns about rights of access on the private road.
Council development quality manager Anne Condliffe pointed out that the developer could continue with the original planning permission.
Ms Condliffe said: “We are dealing with an application which already has consent.
“What we are dealing with is effectively a reduction. If we refuse this the 2016 permission still applies and the developer can act on that.”
