Locals say they are ”dumbfounded” at Fife Council’s ”lack of backbone” after it failed to enforce planning conditions at a Crossford tyre yard.
The local authority has given up trying to take action against Forth Tyres at Backmuir of Pitfirrane because it considers the breach by the firm to be causing ”no real harm”.
However, people living near the site disagree, claiming the operations have caused unacceptable levels of noise and traffic and created an eyesore at the site, known as Palma Nova.
The council says it does not have the financial means to hire a legal team to take the case any further and measures taken by officers were ”proportionate”.
A report to last week’s planning committee said the local authority’s position was justified because the council’s attempt to secure an interim interdict against the firm had failed.
Because of that, the procurator fiscal had decided to take no action and to pursue the matter in court would ”not represent best value” considering the breach was ”technical in nature”.
Councillors voted in favour of a motion to ”note” the report, instead of agreeing it.
Neighbour Elaine McLeod (70), who has fought what she believes are illegal operations at the site since 2005, expressed her disappointment at the decision.
”It has been said before that we should take our own legal action, but these are paid officers who should be doing it for us,” she said.
”It would be laughable if we weren’t the ones suffering. I can’t get over how disappointed I am. Meanwhile, Forth Tyres just carries on regardless.
”This awful situation ruined the last seven years of my late husband’s life.
”You can date the point where he started to lose his battle against cancer to last July, after Fife Council abandoned the interdict case and he began to despair.
”Ian was a pillar of the community but Fife Council let him down time after time.”
Stewart Mentiplay (80), of Backmuir, added: ”I am dumbfounded. I thought they’d show a bit more backbone. If some of those councillors were looking out on it, it would be a different story.”
Worries about activities on site have been raised by neighbours since the company located there seven years ago.
The council served an enforcement notice on Forth Tyres in June 2009 in relation to the unauthorised use of part of the land for the parking of vehicles and storage of materials.
The enforcement notice was partially, but not fully, complied with, leading to a series of failed attempts by the council to make the company comply with planning conditions.
Councillor George Kay said the outcome of the Forth Tyres issue did not show Fife Council as a ”fair” council.
”I wish I could say this is a singular exception that we have here. I’m sorry, but according to constituents in my ward, we have a reputation for not taking action,” he said.
”People are so fed up that the reputation of this council is being seriously impaired.”
Council solicitor Stuart Crosbie said although no action would be taken in relation to past breaches, ”that is not to say we are washing our hands of the situation completely”.
He added: ”Activities at the site will continue to be monitored.”