An appeal has been lodged against Angus Council’s decision to ban people from keeping their main homes at Barry Downs Holiday Park.
So-called “hutters” at the park near Carnoustie stayed in permanent huts from 1918 until they were torn down in 2010 to make way for static homes.
Angus Council refused a certificate of lawfulness for new residents but site operator Shoreline Management Ltd has now appealed to Scottish Ministers.
The appeal says the council’s decision “relies in part on a mistaken view of the nature and extent of the application site.” It continues: “The council consider there has been a material change in use.
“However, they fail to provide any explanation why the current use is not a residential use.
“Indeed, they say themselves that the site has ‘the appearance of a residential caravan site’. It has that appearance because the site is being used for residential purposes. The character of the use has not changed.”
The appeal states the council’s approach is “flawed”. It adds: “The application statement indicates that planning permission was not required to site the Park Homes. That has not been disputed by the council. There has been no material change of use.”
The appeal also takes issue with the council’s case over intensification of use.
It says: “Mere intensification is insufficient to constitute a change of use, and the Park Homes are used on the same basis as the huts were previously.
“The council also take a flawed approach to the progressive removal of the huts, which they contend is part of the material change of use.
“The progressive removal means that the use was not discontinued.”
It is understood the council first contacted Shoreline Management Ltd after claims some of its tenants broke rules against permanent occupation.
The Isle of Man-based firm appointed lawyers to prove the land had been used for that purpose for more than 10 years but it was knocked back by planners.
Shoreline had applied for a certificate of lawful use regarding existing residential use of the land consisting of huts and Park Homes, occupied on either a temporary or permanent basis by individuals and their families.