A Newmilns man who was refused permission to site a static caravan and container has appealed – laying the finger of blame on his agent.
Andrew Hillan, of Little Wood Farm, had already installed both the caravan and container on land at the farm, but said that he didn’t know he was required to get permission from East Ayrshire Council.
He sought temporary consent for five years until a shed, which Mr Hillan said was already approved, was built and his prospective business could be established on the site.
However, the application was refused by officers under delegated powers in September 2023 due to a lack of information around the impact on nearby ancient woodland, road sightline assessments and a failure to justify need for a caravan on site.
Mr Hillan appealed the decision in December.
In the original application, his previous agent had provided a supporting statement explaining that the container was for the storage of tools, machinery and materials, with the caravan used to provide shelter initially.
It was then to be used to provide 24-hour coverage for his animal husbandry business.
The report continues: “The applicant states that, in future, they plan to establish a tourism business, for which they will later seek planning permission, and that once this is established they will apply for a permanent residential dwelling.”
Although a business plan has been submitted for the future tourism business, no such plan was available for the existing agriculture/animal husbandry business.
Planners noted the tourist plan but stressed that, as there is no application at this stage, it wasn’t relevant to this application.
In making their decision in September, planning officers said that much of the information provided by the agent was either lacking detail or was entirely irrelevant to the case.
In his appeal, Mr Hillan stated: “I am seeking a review as I believe my last agent put across our vision and intentions very poorly.
“I have sought independent advice and expertise other than my own regarding one of the points raised on the refusal and have included this in the pack.
“Further to this, I have had technical drawings made of the entrance also for inclusion. The new material is in response to the points raised by the planning officer and omitted by my agent.
“I think it is necessary for us to stay on site to achieve the business.”
Mr Hillan provided an access plan and representations of support, including that of a tree surgeon.
Planners acknowledged: “The information contained within these productions was not before the appointed officer at the time of determination.
“The applicant agreed that the points are new and advised that these had been submitted as the architect had omitted to inform the planning officer on many aspects which the applicant deemed important.”
A council 'local review body' (LRB) will be asked to determine whether to accept the new evidence.
If they do, there would not be a determination on the appeal as officers and other interested parties will have an opportunity to comment further.
The LRB will consider the appeal on Friday, February 2.
Read the rules here