Family lose appeal to stay in home which was only given planning permission to be shed

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A FAMILY have lost their appeal to keep their home after it was only given planning permission to become a garden shed.

George Buke, the property’s previous owner, ignored planning regulations by building a house near Blairgowrie, Perth and Kinross – when he was only granted permission to erect a shed.

Peter Brown and his family then bought the land before the council issued an order that Mr Brown vacate the property in 180 days or face prosecution.

Mr Brown lodged an appeal against the Perth and Kinross Council order to Scottish ministers who have now sided with the council.

The Scottish Government Environmental Appeals Division have now said that the house must be turned back into a shed.

Mr Brown sent in a planning application to use the property as an office

 

 

 

 

 

 

 

In his decision rejecting the appeal, Stephen Hall, who is responsible for government appeals, said: “I appreciate the possibility that the appellant may have bought and occupied the property without knowing that the residential use was unauthorised.

“This possible circumstance does add to the importance of allowing a reasonable time period for compliance with the enforcement notice.

“However I consider that a period of 180 days is adequate to identify alternative accommodation in the Blairgowrie area and agree its purchase or lease.”

Mr Brown had also lodged a planning application to turn the house into offices for what he claimed was business use, and that he would would then seek to live temporarily in the property.

Mr Brown and his family have 180 days from the appeal rejection date to leave the house

 

 

 

 

 

 

 

However, Mr Hall again rejected this saying: “The appellant argues that no enforcement action should be taken while these planning applications are under consideration because such action has the effect of denying the appellant the right to a fair hearing under Human Rights legislation.

“I cannot agree with this argument.”

Nearby residents and local councillors had opposed the new house.

SNP councillor Tom McEwan said that the use of the house as an office would be “impossible to monitor.”

He added: “I feel it will still be used as a home and this last change is a desperate attempt to get around the planning process.”

Mr Brown and his family must leave the house within 180 days of the appeal rejection date.

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