A group of residents who claim they were misled into buying their homes near Blairgowrie are fighting a council order to leave their properties.
Heritage Park Estates (HPE) was given permission in March 2022 for 43 lodges and 10 glamping pods on the former Bendochy poultry farm site off the A823 towards Coupar Angus.
Perth and Kinross Council said this was conditional on the units being “used for holiday accommodation only”.
However, last August, the Advertising Standards Agency (ASA) ruled the site owner had misled the public into thinking the homes were permanent.
And now occupants of five of the new homes have appealed council enforcement notices requiring them to leave by December 2026.
‘We would have never moved to Bendochy Park’
Two of the appellants, Roy and Susan Robertson, wrote in their submission to the Scottish Government’s planning appeals department that the ASA ruling came seven days before they moved into their Bendochy Park lodge.
Their statement said: “Had we been made aware of this, or the council had taken some action, we would never have moved in here.
“Rather than evicting us in just over two years’ time we demand that there be a full independent investigation into the awarding of this planning decision.
“If planning permission had been denied, as it should have been, we, as well as the other residents, would not be in this dreadful situation.
“Assuming it would be possible to sell our properties, they would be sold at a huge financial loss.”
Fellow appellant Michael Eddington wrote: “There should be an inquiry into the council’s handling of the matter and the way they have treated us.”
MSP Murdo Fraser says Blairgowrie residents ‘stripped of life savings’
The residents have support from Murdo Fraser, a Scottish Conservative list MSP for the area, who wrote a letter to council chief executive Thomas Glen.
He said: “The situation at the park is serious and residents could be left stripped of their life savings.
“The council now has a responsibility to step in and take the site out of the hands of (HPE) to ensure the residents are safe during the enforcement period.
“The council should reassess its screening methods for holiday and residential licences when it comes to home parks.”
Lodges advert was ‘misleading’, probe finds
ASA’s written ruling said: “The ad included a prominent headline text which stated, ‘Your dream home built your way’, a prominent bullet point which stated that the park was ‘open 365 days a year’, and several further references to the units being ‘homes’.
“Because consumers were likely to understand from the ad that the units advertised could be used as main residences when that was not the case, we concluded that the ad was misleading.
“The ad must not appear again in the form complained about.”
HPE argued at that time that because the word “lodge” had been used extensively, rather than “home”, and because the word “residential” had not featured in the ad, the firm did not think it would mislead customers as to the nature of the properties.
The company said all paperwork and contracts relating to a potential purchase of a lodge clearly stated they were for holiday use only, and required that the purchaser provide them with their main residence address.
New owners of Bendochy Park
Isaac McKenzie and George Burke run Heritage Park Estates.
It is understood the company has sold Bendochy Park to Perthshire Lodge Company Ltd, whose directors are Josie McKenzie and Heather Stewart.
The Courier has been unable to reach them for comment.
A Perth and Kinross Council spokesperson said: “The council’s trading standards, environmental health and development management teams hope to work with the new owners to resolve the current issues on the site.
“The council does not have the power to prevent further development on the site provided it is carried out lawfully.
“However, enforcement notices have been served on a number of properties requiring that they are not used as permanent residences and this will assist in highlighting to other prospective occupants of the situation.
“Reflective of the sensitivity of the situation, a longer compliance period than would normally be the case – until the end of December 2026 – is in place to help support existing residents.
“We will continue to work with all relevant departments and agencies going forward.”
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