A couple with cancer and dementia face being thrown out of their Arbroath flat after councillors ruled the property was illegally converted.
The husband and wife stay in one of four flats built in a former children’s nursery adjoining the long-running Abbey Theatre.
But the Andersons and their neighbours now face the threat of eviction.
It comes after Angus planning appeal councillors rejected a retrospective planning application for the development.
They say they are the happy and settled in their Abbot Street home and could not cope with the toll of moving.
A national stage body and Abbey Theatre bosses objected to the flats, saying they feared residents might complain about noise from the venue.
Mayara Agnes turned the old nursery into flats during lockdown.
But the rear of the stage and theatre workshop sit over part of them.
It led to council planning officials rejecting the retrospective application under delegated powers this summer.
Residents say they want to stay
One resident said in a letter of support: “We have experienced no noise nuisance whatsoever coming from the theatre.
“The whole time we have lived here is been very peaceful and very quiet. We feel safe and secure.
“Our neighbours are the best, as is our landlord, who goes over and above to help us.”
Her heartfelt plea revealed she is her husband’s full-time carer, while she was diagnosed with cancer in 2022 and is still undergoing treatment.
“Our current home is perfect for us,” she said.
“This last year has been so stressful for us both. We are not physically or mentally fit to cope with another move.”
Another resident said she and her partner had been “more than happy” in their flat for the past 15 months.
Noise complaints to council and police
But council officers said there had been noise issues reported. And they were not satisfied with a noise assessment submitted as part of the appeal.
The appeal committee was told the statutory Theatres Trust objection would require the matter to be referred to the Scottish Government if councillors overturned the refusal decision.
And Abbey Theatre chiefs said they had been the subject of noise complaints from tents to the police and council.
“The Abbey Theatre club moved into these premises in 1964 and for the past 55 years has used them as a working community theatre,” said president James Robb.
“Stage productions are inherently noisy with loud and strident voices as parts are played, live and recorded music, stage effects including realistic gunshots, audience laughter and applause.”
The club asked for noise mitigation measures to be put into the flats if the appeal was successful.
But councillors backed their officials in the case.
Brechin councillor Gavin Nicol said: “It’s very difficult.
“We’ve occupiers in the properties but these have been renovated without planning permission and the relevant sound and contamination testing.
“And it’s very difficult to go against our officers because they are doing their job properly.”
Committee chairman Bill Duff said: “For me, having a theatre sharing a building with housing does not seem a particularly bright idea.
“This has been done without planning permission, which happens too often.”
The sole support of Arbroath councillor Brenda Durno was not enough to save the appeal from being dismissed.
She said: “I’m supporting this. It’s a good use of the building.
“There’s a pub, bowling club and 35 new houses being built behind the theatre.”
Conversation