Council chiefs are taking legal action to force a family out of their “unlawful” countryside home.
Businessman George Burke has been accused of dodging strict planning rules when he secured consent for a shed on land near Kinloch, Blairgowrie – but built a three-bedroom house instead.
The property’s new owners have been ordered to stop using it as a home or face prosecution. The Brown family, who moved in last year, may not even know their house does not have planning permission.
The shed-house was built in early 2016, following two failed attempts to build homes on the land.
At the time, one local objector warned planners that the project “strangely resembled a bungalow”.
An application for retrospective planning permission for a house was also refused.
Perth and Kinross Council has now slapped the new owners with an enforcement order, demanding they stop using the house by the middle of September.
Peter Brown, one of three family members named on the council notice, declined to comment. It is understood he has lodged an appeal with the Scottish Government.
A council spokesman said: “The building was constructed after receipt of the (building) warrant application, but failed to accord with the approved plans. To the council’s knowledge, it was never actively used for agricultural storage.”
The local authority believes Mr Burke moved into the house between July and September 2016, when the property was registered for council tax by the Tayside Joint Valuation Board.
A planning department spokesman said: “The council has received concerns from local residents and members concerning the unauthorised development. Concerns have been expressed over the previous owner of the site appearing to circumvent the planning process.”
He added: “It is recognised that the recipients of this notice are the new owners of the site, and may have unwittingly taken ownership without full knowledge of the planning history and constraints.”
Mr Burke could not be reached for comment. In paperwork lodged with the council, agents explained why the shed was made into a house: “The building was initially designed to facilitate ease of conversion to a house at a later date, should planning permission for a change of use be considered acceptable.
“However, the applicant (Mr Burke) was approached and asked if he would be prepared to sell his house privately. This accelerated the conversion of this building, to provide alternative accommodation for the applicant and his family.”
Planners described the house as “unlawful” when permission was denied in July, last year.
A council spokesman said: “The notice was served because of a breach of planning control for an unauthorised change of use of this building from an agricultural storage building to residential use.
“The council understands that an appeal against the Enforcement Notice has recently been submitted to Planning and Environmental Appeals Division of the Scottish Government.”
