Abernethy man ordered to remove CCTV cameras after neighbours’ privacy complaints

"The cameras can pan and tilt... covering many of the dwellings around," a Scottish Government reporter found.

By Kieran Webster

August 17 2023, 5:53am

The owner of the property, in grey, has been told to remove CCTV cameras. Image: Google Street View.

An Abernethy man has been ordered to remove CCTV cameras from his home.

Perth and Kinross Council told Petr Janecka that because his two cameras could pan out beyond the boundary of his property they were contrary to regulations.

The enforcement notice followed anonymous complaints from neighbours regarding loss of privacy since the devices were installed.

Mr Janecka appealed but the council’s order has been upheld by a Scottish Government reporter.

CCTV needed to ‘monitor our dog’

In the appeal document, Mr Janecka said the cameras were installed to “ensure our safety”.

He added: “Additionally the cameras are used to monitor our dog and sewage.

“The cameras are important for our safety, protection and health.

“I do not use the cameras for any other reason than the protection of our property, against criminal offences, anti-social behaviour, and protection of our health.

“We are not monitoring anyone nor any windows or entrances to buildings.”

The resident has been ordered to remove CCTV cameras from their property. Image: Kris Miller/DC Thomson.

Mr Janecka also claimed that prior to installation he checked if they would need planning permission.

He also claimed that footage from the cameras was stored securely and footage was regularly deleted.

CCTV cameras in breach of regulations

However, an officer from the Scottish Government’s planning and environmental appeals department upheld the council’s decision.

Reporter Fortune Gumbo wrote in a report: “I dismiss the appeal and direct that the enforcement notice dated April 5, 2023 be upheld.

“The CCTV cameras are controlled and monitored from the appellant’s mobile phone.

“From the demonstration, I observed that the CCTV cameras can pan and tilt and provide a field of vision that extends beyond the appeal property covering many of the dwellings around, the pavement to the front, the road and dwellings across the road.

“Additionally, the demonstration showed the zoom, sound monitoring and recording functionality.

“While the appellant argues that he does not use the CCTV cameras to pan out beyond the boundary of his property, there is no practicable mechanism currently in place to ensure that this is the case.

“I, therefore, find that the CCTV cameras’ field of vision extends beyond the boundaries of the land upon which they are installed and onto an area which adjoins that land to which the public have access.

“Therefore, as a matter of fact, the allegations in the notice have occurred.”