Residents who claim they were misled into buying their lodge homes near Blairgowrie have failed to overturn the council’s eviction orders.
Occupants of five homes in Bendochy Park appealed council enforcement notices requiring them to leave by December 2026.
Perth and Kinross Council took the action as the residents were living permanently in lodges that were for holiday use only.
Last August, the Advertising Standards Agency (ASA) ruled the site owner had misled the public – including the residents – into thinking the homes were permanent.
But the Scottish Government has dismissed four of the five appeals.
The other one was withdrawn in November.
‘Public interest’ in Bendochy Park evictions, says government reporter
For all appeals, reporter Claire Milne wrote: “To succeed…the appellant must demonstrate that the steps required by the notice are excessive and that something less onerous would remedy the breach.
“The enforcement notice has one step, which is to cease the unauthorised occupation of the unit as a main or permanent residence.”
She added: “Whether to issue an enforcement notice is a matter that is for the discretion of the planning authority.
“In this case, there is a public interest in remedying the planning harm caused by the breach of planning control.
“The activities and conduct of individual parties in the context raised above is outside the scope of this appeal.
The decision report also acknowledged “the extended timescale of 31 December 2026
allowed by the council to comply with the notice.”
Blairgowrie lodge owners face ‘huge financial loss’
HPE gained 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”.
Two of the appellants, Roy and Susan Robertson, had written in their appeal 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.
“Assuming it would be possible to sell our properties, they would be sold at a huge financial loss.”
Murdo Fraser calls for ‘greater protections for those buying these homes’
The Courier reported in December that HPE had been placed in liquidation and a winding-up order passed at a recent general meeting.
Scottish Conservative MSP Murdo Fraser said: “There are very serious issues here about the alleged mis-selling of these properties to the residents.”
He added: “I previously raised this with the trading standards department in Perth, and it is hugely frustrating that this case has had to be dropped due to the transfer in ownership of the park and the liquidation of the original developers.
“All this highlights the weakness in current laws around park homes – a growing sector in the housing market.
“I have been engaging with both SCOPHRA – the Scottish Confederation of Park Home Residents Associations – and the housing minister in the Scottish Government, and this work is ongoing.
“We have to see greater protections for those buying these homes.”
The Courier has contacted Bendochy Park for comment.
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