The manager of Kinross Beer Garden says he remains committed to the attraction after an enforcement blow.
The facility has become a popular summer fixture in Market Park since it was launched in summer 2020 due to Covid social distancing measures.
But the Courier reported in June that Perth and Kinross Council had ordered the removal of the premises.
This enforcement notice was challenged by Market Park’s owner Kinross Estate.
But a Scottish Government reporter has now upheld the council’s order.
Kinross Estate director Jamie Montgomery says he is determined to keep the business going despite the setback.
Local group’s opposition to Kinross Beer Garden
He has submitted a planning application for an outdoor seating area, marquees and event space in the park.
The planning statement says the beer garden would be in situ from May to September, opening Fridays, Saturdays and Sundays with the potential to operate on Bank Holiday Mondays as well.
More than 2,500 people signed a petition supporting its retention last summer.
But the application has received five objections, including from Kinross-shire Civic Trust.
Its objection comment said: “Granting permission could create a precedent for allowing development in designated open spaces in other parts of the authority area.
“We are not opposed to a beer garden in principle if the positioning could be changed to leave most of the park open and the unsightly aspects such as the toilets appropriately screened.
“But that is not what is proposed here.”
Manager defiant after reporter upholds enforcement notice
Jamie Montgomery told The Courier: “We still very much intend to create the beer garden in the Market Park again next year if our planning application is approved and we then get a premises license from the licensing board.
“PKC planners said that the enforcement order was put into abeyance as soon as we submitted this planning application.
“But the Scottish Government upheld it when someone unbeknown to us had lodged an objection to it – that had triggered an automatic process not instigated by PKC planners.”
Government planning reporter Fortune Gumbo upheld the enforcement notice as they felt the allotted 28 days was enough time for the appellant to comply with the order.
If accepted by the council, the planning application would override the enforcement decision.
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