Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Midlothian family told to demolish £3,000 sunroom after losing planning appeal

Document Cited in Related
Vincent
AuthorMarie Sharp
Published date27 June 2022
Publication titleEdinburghLive (Scotland)
Despite receiving support from neighbours, James Bevis and his partner Louise, were told they needed planning permission for the DIY extension and could face a fine of up to £50,000 if they did not remove it

Midlothian planners objected to the structure saying it was too far forward from the front of their home in Mayfield, Dalkeith.

And now the Scottish Government Reporter has backed planners after the couple lodged an appeal against the council's enforcement notice with Scottish Ministers.

In his ruling the Reporter said that he was not able to grant planning permission for the addition to the house and could not overturn the enforcement notice issued by the council because it had been built without permission, breaching the rules.

And he dismissed the couple's argument that another solution should be sought by the council instead of demanding the demolition of the addition.

He said: "I was able to observe during my site visit that the garage and sunroom would not be classed as permitted development.

"Planning permission is therefore required for the building and in its absence the garage and sunroom represent a breach of planning control.

"Section 5 of the enforcement notice sets out the steps required to be undertaken to remedy this breach, which is effectively to restore the land to its condition before the breach took place.

"In my view these steps are not excessive and there are no less onerous steps which would remedy the breach of control. "

Joiner James, 52, said the sunroom – as the council have described it – was added to the garage as a space for the couple's twin teenage girls to spend time with friends.

The couple live on an end terraced house on Laurelbank, which has a large side garden rather than space at...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT