Councillors have told a Carnoustie couple their summer house woodburner must go because of the smoke nuisance it could cause neighbours.
It followed an enforcement case after they failed to remove the stove and flue following retrospective planning permission for the garden house.
And the neighbour row prompted a threat of legal action by a former Hearts and Scotland striker across the fence in the Angus town’s Tayside Street.
Donald Ford was one of two neighbouring objectors in the case, which was heard by Angus planning appeal councillors on Thursday.
Tynecastle legend Mr Ford, who spent 11 years at Gorgie around the 1970s and was capped three times for his country, said his neighbours had defied the council.
“The director instructed the aforementioned (stove) to be removed within three months,” he said.
“Rather than comply, the agent has encouraged Mr and Mrs Roach to lodge a retrospective application.”
He said a plan to move the stove to another corner of the garden house would make “not the slightest difference”.
“In fact, the direction of the smoke from the chimney would be even nearer to our lounge windows,” added Mr Ford, a renowned golfing photographer in his later career.
“Should this stove and chimney be allowed to stay, against environmental health decisions, we would have no alternative but to seek legal advice.”
But other locals wrote letters of support for the applicants.
Householder’s late submission dismissed
Development management review committee councillors refused to accept a late submission from applicant Christina Roach highlighting several other flues in the area.
“The stove would only be used in the winter months, in fact not more than five or six times,” she said.
“It’s a very sad state of affairs that the council have time and taxpayers’ money to waste on such a petty complaint when others around us have no objection.
“And what about my rights to enjoy my home and garden.”
Site visit
DMRC members were unanimous in rejecting the appeal.
They carried out a visit to the street, beside the main east coast rail line, earlier this week.
Bill Duff said: “It was an extremely valuable site visit.
“Moving the flue isn’t going to make any difference
“This is one of those applications I think is quite close to the borderline.
“But there have been objections from neighbours, environmental health have been called in and according to their polices they are objecting.
“This is not acceptable,” added Montrose councillor Mr Duff.
Cllr Heather Doran said: “I don’t think moving the flue is sufficient.
“I note it will be occasional use, but once it’s there it’s there.
“It could be used every day if they wanted to do that.
“Other flues (nearby) are one a single storey but they are above the roofline.”
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