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Wedding venue in legal battle over passing places

Ian and Ruth Macallan are in a court battle over the access road to Carphin House
Ian and Ruth Macallan are in a court battle over the access road to Carphin House

Creation of a new wedding venue in north-east Fife is mired in a legal battle over its access road.

Ian and Ruth Macallan want to erect a bespoke building in the grounds of historic Carphin House at Luthrie so they can host larger weddings.

However, they have taken owners of a neighbouring farm to court over access rights and passing places on the single track road which leads to the venue near Cupar.

They won an emergency interdict requiring the owners of Lower Luthrie Farm to remove gates blocking field entrances used as passing places, and the case is to be heard at Dundee Sheriff Court later this year.

The Macallans also intend to challenge Fife Council’s refusal of planning consent for the development, which councillors decided would create too much noise and traffic on a substandard access road.

Ian said: “It is disappointing but we have to move forward. We are going to appeal and it seems we have quite a strong case.”

The couple, who moved from London to take over the 18th century mansion, already stage smaller weddings and events in the house but hope to host up to 200 guests in what is being advertised on their website as The Loghouse.

They claim events would benefit local companies, including taxi firms, neighbouring hotels and guest houses and suppliers.

Ian said: “If it doesn’t happen we will continue to do what we are doing, it just means we can’t offer quite as much to local businesses.”

Laura Arbuckle, of Lower Luthrie Farm, said she was unable to comment while legal proceedings were ongoing.

However, she and the co-owners of the farm previously claimed the development would bring chaos on the single track road to Carphin House as guests arrived and departed, cause their business significant financial losses and create animal welfare issues.

As planning permission was refused by the council’s north east planning committee, development services service manager Alistair Hamilton said: “The legal situation with this application is a bone of contention between the applicant and another party and that is being pursued through the legal process.

“Both parties are in dispute to some degree as to what the rights of access and use of laybys are.”

Although planners recommended the application be granted, Mr Hamilton said the development could only go ahead if a condition requiring provision of passing places was met.

The committee, however, rejected the bid, fearing for the impact of noise and traffic disruption on neighbours, including the farm.

Cupar councillor Tony Miklinksi said: “No matter what precautions are taken or stipulations made regarding noise, neighbours will suffer a significant loss of amenity.

“The farmer is 100% against this because it will interfere with his business and he is not minded to give access to the passing places.”