By Bruce Fegen

A FIFE builder has won his appeal against a decision by councillors to refuse him retrospective planning permission for an annexe building at a flat he owns in Leslie.

Ian Bryson, who along with his agent John Raeburn will be seeking expenses from Fife Council, claims the issue should have been sorted out long before the application was considered by Glenrothes area committee in November.

He said, “I was originally given the verbal OK for the project [an annexe in the garden ground of a flat he owns in Leslie High Street] and told that a planning application I had submitted would be recommended for approval, and that’s why I started work.

“But another planning official later thought differently and told me to stop work. Refusal was subsequently recommended, and this was the line the committee followed.

“John submitted an appeal and this has now been upheld, but I feel that this could have been resolved a long time ago.

“Someone was trying to make a point and I feel to an extent that I was victimised. It affected my business and John’s and my health also suffered.”

Mr Raeburn, who runs his own architectural services company, said, “The planning application for an ancillary annexe, in effect a granny flat, was submitted in July 2007 and we were told in writing in January 2008 it was being recommended for approval.

“A lot of work was done on that basis, but then in March last year Ian was ordered to stop.

“The application was duly considered in November, when it was refused.”

At that meeting, councillors were told that the building was in effect a detached chalet bungalow and the main consideration was whether it could be classed as ancillary accommodation to a flatted dwelling 35 metres down the garden. Mr Bryson had already indicated his willingness to enter into a legal agreement to bind both properties together

They also heard that he had started and substantially completed the development, and that the financial loss of permission being refused could put him out of business.

The application was refused and councillors also agreed enforcement action seeking removal of the building and reinstatement of the site to garden ground.

The grounds given for refusal were that the proposal was contrary to policies BE2 and BE3 contained in the Glenrothes area local plan as it did not respect the character and appearance of the adjacent townscape, and could not provide an off-street parking space.

“I admit I went ahead without having planning permission, I hold my hands up to that, but it was on the basis of what we were originally told verbally and in writing and that’s why I appealed,” said Mr Bryson.

Now reporter Martin Sneddon has ruled in his favour. “The building, in my opinion, is of an appropriate design, height, scale and massing. It accords with the mixed character and appearance of the surrounding area and I see no conflict with the local plan policies...

“The building has a single bedroom and can be tied to the main flatted house of 142 High Street by a condition, as suggested by the council.”

The reporter said the building must only be used as domestic accommodation to the flat and not as a permanent separate house, and it cannot be sold or let as a separate house.

Mr Bryson added, “At the end of the day, I just want to clear my name.

“I have overturned the decision, which is good enough for me, but I need people to know I did not go out of my way to start the job just like that, it was on the advice of planners at the time.”

Fife Council solicitor Steven Paterson said, “Councillors made their decision based on the information presented to them at the time.

“Mr Bryson was within his rights to appeal any decision, and Fife Council accordingly notes the decision made by the reporter.”