Aberdeenshire Council first approved an application by FM Group for a “world class” golf course near Stonehaven, designed by golfing legend Nicklaus, as well as a clubhouse, hotel and 90 luxury homes five months ago.

Elected members were asked if they still back the plans after a court ruling limited the amount developers need to contribute towards transport and road changes for another project in nearby Elsick.

The Duke of Fife, who is behind the neighbouring Chapelton of Elsick development, successfully challenged an £8 million developer contribution bill to the Court of Session.

The Elsick Development Company had been asked to hand over the money to the council’s Strategic Transport Fund (STF) as part of its planning consent – but judges reduced the bill to just £287,000.

The north-east’s Strategic Planning Development Authority hopes to take the case to the Supreme Court.

The ruling meant councillors were given a chance to reconsider their approval of the Stonehaven golf course, but the project was backed during a full meeting of the council yesterday by 48 votes to 13, with one no vote.

Plans for the construction of 1,700 homes to the north of Aberdeen were also re-approved in August after the project was brought back to Aberdeen City Council following the landmark ruling.

Robert Gray, the council’s head of planning and building standards, said the case means the council had been left with “no means to collect any money” for the STF from the FM Group, money which would go towards the knock-on traffic issues at the Bridge of Dee in Aberdeen.

But he added since the STF could no longer be used, the council had to use a “transport assessment” to seek funds for local roads.

Mr Gray said: “Using a transport assessment, we don’t actually require than money from them.”

The FM Group’s developer’s obligations towards local schools and community facilities have not been affected by the court case.