A Pitlochry couple have successfully overturned a holiday homes application that had been accepted by Perth and Kinross Council.
Planners gave the go-ahead for Ailsa Rollo’s proposal for two holiday units at Bruadair, Craiglunie Gardens, Moulin.
However, the property’s title deeds said the land should be used for ‘one family only’.
Nullifying such conditions are usually a formality.
But the application for its removal was strongly opposed by neighbours Carolynne and Stuart Jamieson.
And the Lands Tribunal for Scotland’s then-president Roderick MacLeod backed their stance and refused to discharge the condition.
With the development now thwarted, a warning has been issued that other schemes may be in a perilous position without developers and homeowners even being aware.
Scheme accorded with development plan
Craiglunie Gardens is a cul de sac containing six homes on the northern edge of Pitlochry.
Bruadair is inhabited by George and Alison Rollo, whose daughter Ailsa owns the property and lives in Edinburgh where she runs restaurants.
The two holiday homes, each with two bedrooms, would have given the couple, aged 77 and 72, additional income for their retirement.
When planning permission was granted for the single building in January 2020 it was despite objections from two separate couples.
These included the Jamiesons, who felt the proposal was “completely inappropriate for this location in terms of access, usage, density, privacy, (child) safety and amenity of all adjacent residents.”
But the council argued that the proposal was in accordance with the development plan and was content to allow it.
Retirement dreams have been ‘dashed’
Ailsa Rollo’s application to discharge the ‘one family only’ condition from the title deeds was submitted soon after consent was granted.
But because it was contested by the Jamiesons it took two years before a decision was made.
Eventually, in March 2022, Mr MacLeod rejected the discharge request.
He cited loss of amenity, additional traffic, influx of strangers, possibility of episodes of increased noise and anti-social behaviour.
Ms Rollo was also told to expect a bill for expenses.
“The proposal to build a small one and a half story building on our three-quarter-acre piece of land should not have been a problem for anyone,” George Rollo said.
“It has ended up costing us so much money. Our dream of an extra income for our retirement has been dashed.”
‘Going to affect an awful lot of people’
Others may also be affected by such decisions, George says.
“We had a democratic decision made by the local authority but the land tribunal has reversed it, which is ridiculous,” he added.
“Public authorities seem to be able to provide the planning permission but it can be overruled by a heap of nonsense.
“This is going to affect an awful lot of people.
“I now wonder if people, when they get planning permission, look at what the title deeds say.
“Because if it says the same as our title deeds then someone could take them to court and have their house removed.”
‘Unusual’ case is warning to others
Bailie Mike Williamson, a planning committee member on the council, said: “I have never heard of this before so it is unusual.
“The council made a decision on the planning application but the title deeds are a completely different aspect.
“People who apply for planning permission have to follow the legislation and do their due diligence.
“This is a wider issue that affects the whole of Scotland.”
Conversation