A Court of Session battle is looming over the future of occupancy at an Angus holiday park.
An appeal decision has gone against the Barry Downs Caravan Park after Angus Council refused a certificate of lawfulness for new residents.
The long-running saga now looks set to continue after the site owners said they would contest the latest ruling in court.
Site manager Andrew Young said: “We will look at fighting this decision with an appeal to the Court of Session.
“We are disappointed but in a sense we are happy that the officer from the Government has admitted and agreed that the site was used for a residential purpose.
“The officer has said that the land has been used for 100 years but he believes we have changed the use because we went from huts to caravans.
“This is not the end of it.
“We trust the council has the best interests of all involved and we are sure that something positive will come out of this.”
The Government’s Reporter threw out the appeal against Angus Council’s decision to ban people from keeping their main homes at Barry Downs.
So-called “hutters” at the park near Carnoustie stayed in permanent huts from 1918 until they were torn down in 2010 to make way for static homes.
Angus Council refused a certificate of lawfulness for new residents but site operator Shoreline Management Ltd then appealed to Scottish Ministers.
It is understood the council first contacted Shoreline Management Ltd following allegations some of its tenants broke regulations against permanent occupation.
The Isle of Man-based firm appointed lawyers Brodies LLP to prove the land had been used for that purpose for more than 10 years but it was knocked back by planners.
Since around 2009, the number of huts has been reduced, and they have been progressively replaced by the park homes, commencing in 2010.
Shoreline Management Ltd contends that the park homes do not require planning permission as they are moveable structures.
They say they are in residential use, so there has been no break in the residential use of the site.
The Reporter’s judgment stated that he agreed with the council that the use of the hut site for park homes has resulted in the formation of a caravan site.
It read: “The council’s decision to refuse to issue the certificate is thus well founded. The appeal therefore fails.”
An Angus Council spokesman said: “We acknowledge the Reporter’s decision to uphold the council’s position, as well as the findings contained within his report.
“The council will seek to work with the site owners and, at the same time, keep those concerned informed of the situation.”