Reporter wants enforcement notice terms changed

A Scottish Government Reporter has ordered the terms of an enforcement notice relating to a field at Gannochy near Edzell be changed.

Angus Council issued an enforcement notice alleging there had been a breach of planning control in relation to rubble, spoil and other building material being deposited in a field north of the Bothy.

The notice asked that an area of hard standing and track at the field be removed and the land reinstated to green field condition, suitable for agricultural use. Landowner Ms Josiphine Riley appealed to the Scottish Government and said the deposited material resulted from a building development adjacent to the site which has planning permission.

She argued the temporary use of land in connection with adjacent building works is permitted.

However, Angus Council noted that the development of two homes was now complete and also submitted evidence of aerial photographs taken in 1988 and 2013 and photos taken last year of activity taking place on the site.

The Government Reporter refused an appeal on the basis that the notice was not properly served and concluded that a breach of planning control had taken place which could only be remedied by the removal of the deposited material, the hard standing and track.

However, the Reporter said he had no evidence the land was previously suitable for agricultural use and so the notice should be varied to state ‘restored to a green field’.

The Reporter also stated the enforcement notice period of one month should be changed to three months.