The Scottish Government Reporter William Patterson said that a safety barrier would be required at the level crossing once the homes on land owned by Reidhaven Estate were built.

But he stopped short of stating that the estate would have to meet the full cost of the Strathspey Steam Railway crossing which could be upwards of £150,000.

The estate has been given the go-ahead for 10 serviced house plots at North Dalfaber where 93 new homes are proposed by them in total.

They had made the appeal to the Directorate for Planning and Environmental Appeal on the grounds of non-determination by the Cairngorms National Park Authority for a part of their development.

Mr Bill Lobban is a resident and spokesman for the Dalfaber Action Group which has unsuccessfully fought the plans all the way even taking their challenge to the highest civil court in Scotland - the Court of Session in Edinburgh.

He said: "Whilst we are disappointed that the Dalfaber site's planning permission has yet again been confirmed, we are pleased that at long last someone has recognised the problems associated with the dangerous level crossing.

"The decision by the Reporter that the level crossing must be upgraded prior to any development taking place is to be welcomed.

"The Reporter's decision regarding the lack of screening and the proposed density in the more open sections of the development are also entirely sensible."

He added: "If the national park's planners spent more time listening to the local residents and Aviemore Community Council instead of acting as planning consultants for developers this situation would not have arisen."

Mr Patterson visited the North Dalfaber site on February 3, earlier this year. and published his findings, including approval and 21 associated conditions, on Thursday.

Last July, the park's planning committee had resolved to approve outline planning permission for up to 83 units on land to the north west and south of the former steadings at Dalfaber Farm and 10 serviced house plots on land north west of Dalfaber Farm.

However, planning conditions and conclusion of a section 75 agreement for the development - including a safer rail crossing - have not yet been agreed prompting the appeal by the applicants.

The wreckage of Val Anderson's Nissan Micra lies on the track at Dalfaber after her car was hit by a train in 2005.

The Office of Rail Regulation (ORR) has advised that improved measures are needed at the Dalfaber level crossing but that was disputed by Reidhaven Estate at appeal.

However, Mr Patterson had no doubt on the matter stating: "Some 93 houses to the east of the crossing would generate significant additional traffic, at a location where the ORR has recorded two contacts between trains and road vehicles in the recent past.

"The resistance to a burden on the development is on the basis that the rail traffic is small in number and seasonal."

Mr Patterson said that the varied timetable used by the Strathspey Steam Railway throughout the year, including special services, was a concern.

He stated: "This variability and relative unpredictability would readily lead to complacency and casualness in local residents which could catch them out.

"Despite warning signage, an unbarriered railway crossing in such an unusual location as the approach to a modern private housing estate could escape the attention of less alert visitors.

"It is also a matter of general knowledge that open railway crossings in the North of Scotland have, because of tragic incidents, become a greater safety concern than they were even a few years ago.

"Accordingly, the requirement for provision of a barrier is a justified safety precaution - properly related to the development, whether or not any party other than the developer can be persuaded to contribute to its cost."

In the most serious accident to date, driver Val Anderson had to be cut from the wreckage of her car after it was pushed almost 100m down the track by a 284-tonne engine. She suffered serious but not life-threatening injuries in the 2005 incident.

No one was available to comment for Reidhaven Estate yesterday (Tuesday).

Last year, 13 people died in collisions between vehicles and trains.

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