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Angus family taking caravan fight to Court of Session

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A family are taking their fight to stay together to the Court of Session.

Dina Lams lodged her appeal as the deadline for the removal of her 11-metre caravan from the garden of her daughter’s cottage at Kirkton of Auchterhouse drew closer.

Ms Lams moved from the Netherlands with her disabled son Zen Willeboordse to be closer to her daughter Carina Roberts. As there is no room for Ms Lams in Woodside Cottage she has been living in a caravan.

The siting of the caravan was said to fall foul of planning regulations on the basis that it was being used as a residence without permission and Angus Council took enforcement action against the family, with the support of the local community council.

The local authority ordered the vehicle to be removed by September 8.

The family took their case to the Scottish Government’s planning appeals unit but their appeal was rejected by reporter Ronald Jackson.

He said: ”I have no hesitation in concluding that the siting of the caravan in this location is intended to be of long-term duration.”

That meant there had been a change of use of the site, from garden ground to a residence a ”clear breach” of planning controls.

He added: ”The caravan is only some two metres or thereby from the boundary fence of the neighbouring property. It sits above ground level and has windows overlooking the rear garden of that property.”

A tearful Mrs Roberts told The Courier that having to remove the caravan would destroy her hopes of keeping the family together. Now they have taken their case to the Court of Session.

Even if they are successful in their court challenge, there is no saying the caravan will be allowed to stay.

Though the Court of Session can consider points of law and quash the reporter’s decision it cannot replace it with its own. Success in court would lead to the matter being returned to the Scottish ministers to be reconsidered and there is no guarantee the outcome would be any different second time around.

An Angus Council spokesman said: ”The enforcement notice remains in place but we are awaiting the outcome of the appeal being considered in the Court of Session before taking any further action.”