Owner fights order to demolish chalet
A man is challenging planning enforcement action taken against him by Perth and Kinross Council relating to a chalet positioned on land north of Balthayock.
The local authority says no consent has been granted for the chalet said to be on land north west of Craignorth House and reckons someone is now permanently residing in the chalet without permission.
Last month enforcement officers ordered Ross Townsley to stop anyone staying in the chalet and remove it from the land by the end of January next year.
The officers also ordered Mr Townsley to rip up an area of hardstanding they say has been formed on the site without planning permission.
They said in an enforcement notice served on Mr Townsley: “The planning harm associated with the alleged breach of planning control on the site is considered incongruous and does not benefit by having landscape framework.
“The unauthorised development has not contributed to the local infrastructure through the planning process. The residential occupation of the site disaffects the landscape character and amenity of the area.”
However an agent acting for Mr Townsley has now written to the Scottish Government urging its staff to overule the council and let him keep the chalet and hardstanding in place.
Emelda Maclean of About Planning has argued on behalf of Mr Townsley that the land was first occupied more than four years ago and he is therefore“immune”from enforcement action under a specific part of planning law.
Her statement of appeal says:“The appellant contends that the alleged breach should not refer to the introduction of a chalet to the site, but only to whether there has been a material change in the use of the land.
“The appellant considers that the material change of use of the site for permanent residential occupation occurred over four years ago
... and is therefore immune from enforcement action.”
The Scottish Government has now asked the council to set out its response to Mr Townsley’s appeal and has said it hopes to determine the appeal by the end of September.