Councillors were left red-faced as landlords were accused of trying to exploit a loophole to create more houses in multiple occupation (HMOs) in St Andrews.
Owners of three flats claimed they were not new-builds as they had been occupied for six months so escaped Fife Council’s rule against new-builds becoming HMOs.
Councillors were also told a condition imposed six years ago before construction of the Kinnessburn Road homes preventing their use as HMOs was unenforceable as it referred to houses rather flats.
Due to its large student population, St Andrews has a proliferation of HMOs, which many blame for the shortage of affordable housing for families in the town and problems of noise nuisance, untended gardens and rubbish.
Against the advice of planning officers, members of Fife Council’s north-east planning committee refused to let Abigail Levy, of Elstree, and Suzi Davis, of Stanmore, change the use of 4, 6 and 8 Kinnessbrook to HMOs.
Establishing that councillors had approved the wrong condition before the flats were built, Councillor Elizabeth Riches said: “I’m sitting here feeling very foolish. It leaves me speechless. We did it.”
Council lawyer Steven Paterson said there was no definition in planning terms of new-build and a common sense approach was necessary.
Community developments and investments service manager Alastair Hamilton said the case was isolated, as all other new-builds have an appropriate condition attached to their consent preventing them from becoming HMOs.
The committee also refused consent for an HMO in a flat on St Nicholas Street.
Mr MacDiarmid said: “People who don’t even live in this country own large swathes of St Andrews. It’s a shocking state of affairs that families who have been brought up in St Andrews can no longer live there.”
St Andrews councillor Brian Thomson claimed developers and property owners were running rings round council planning policy and argued that the Kinnessbrook flats could still be considered new-builds.