By Paul Reoch

A DISPUTE between Perth and Kinross Council and property developers over a Crieff housing estate for retired residents has reached an impasse.

Owners of chalet-type houses at Mill Park House have been left in limbo after enforcement notices by the local authority telling them that permanent residency is not permitted.

The houses, costing up to £120,000, were built by Lancashire firm Welchs Homes.

Their agents, Montgomery/ Forgan Associates, questioned the reasoning behind enforcement action which is causing “unnecessary anxiety” to the householders.

The firm—architects and town planning consultants— last night outlined their view of how the predicament arose.

“Welchs Homes very much regret the situation which has arisen in respect of Mill Park House,” a spokesman said.

They acquired the site in 2005.

“Prior to that, they had made normal inquiries with a view to establishing what constraints may exist at the site, all with a view to their considering possible options to redevelop and upgrade the former caravan park.”

He continued, “At the time of buying they were advised that planning permission was granted by the former Perth and Kinross Council on June 18, 1962, with the decision notice noting, ‘approval is unconditional in all respects.’

“A caravan site licence was issued in July 2001, provided at that time that the number of caravans should not exceed 31. Neither the planning permission nor the site licence made any reference to holiday use. There is no dispute that the site may have been used for holiday purposes by previous occupants.

“As a result of redevelopment the council has questioned the type of occupancy, alleging that residential occupancy is not permitted.”

The spokesman said Welchs Homes also recently developed a site at Turretbank, Perth, and bought the land with the benefit of a Certificate of Lawfulness of Use, issued by the council. This, combined with a site licence, did not restrict the type of occupancy.

He added, “Despite the lawful occupation of the site, the council—for reasons known only to themselves—decided to commence enforcement proceedings, causing unnecessary anxiety to residents. At Turretbank, Welchs Homes very much regretted this and took immediate steps on behalf of those residents to appeal against the notices.

“Welchs Homes and Cresswell Welch were fully vindicated when the council, presumably on the basis of legal advice, decided to withdraw the notice. A reporter appointed by the Scottish Ministers awarded the full expenses of this errant action to Welchs Homes, which will have to be paid by the council from the public purse.

“Welchs Homes have received professional legal and planning advice that the occupation of accommodation within a caravan park is unrestricted unless there are specific conditions imposed in the planning permission which authorises the use of the site.

“Clients acquiring mobile home accommodation at Mill Park House are, in terms of the permission and site licence, entitled to occupy their houses either on holiday, or for any other purpose throughout the year.

“Welchs Homes very much regret that Perth and Kinross Council have considered it necessary to take action, and they now find that they and their clients are having to appeal against enforcement notices.”

A spokesman for Perth and Kinross Council said they are obliged to take action in circumstances where planning regulations have been breached.

“This case is now the subject of legal process and it would be inappropriate for the council to make any detailed comment at this time,” he said.

“We have no record of a planning application being lodged for change of use to allow for permanent residential use either with regard to the site or the properties sited there, and enforcement notices have been served on the owners and occupiers to address the situation.

“As the council is legally obliged to do, persons living on the site have been notified that the properties are not intended for permanent occupation for 12 months of the year.

“The council understands the concerns of residents at the site and hope to resolve this difficult situation as quickly as possible.”