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14/07/2017

Moray Council Removes 'Unsightly' Illegal Development

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An unauthorised development next to a local nature reserve has been removed by council officers in Moray.

The 'unsightly' development was a large fenced-off yard with a rubble hardstanding alongside the Findhorn to Kinloss road. It was being used by Seaview Caravan Park to store building materials, machinery and various storage containers.

However, it had been created without planning consent, as previous proposals submitted in November 2015 were refused on the grounds that the site is located within the Findhorn Bay Coastal Protection Zone, and on road safety issues.

The decision to reject the plans was appealed by Seaview Caravan Park, but the refusal was upheld by the council's own Local Review Body at a hearing in May.
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An enforcement notice was served and appealed by the owners to the Scottish Government's Planning & Appeals Division (DPEA). This was also dismissed in December 2016.

Describing the compound as ‘unsightly', the DPEA's appointed Reporter, Chris Norman, said: "The discontinuation of the land for storage purposes, the removal of the unsightly hardstanding and the items stored upon it, and the removal of the boundary fence surrounding the unlawful use are all necessary to protect the appearance of the undeveloped coastal landscape and abate the injury to amenity caused to the locally designated area."

Following a failure in negotiations with the applicants to remove the compound and adhere to the refusal decision, staff from the planning enforcement team and Direct Labour Organisation (DLO) arrived on site to remove the development. A JCB was required to dig up the hard standing and rubble base to return the site to its original condition.

A council spokesman said that complying with planning law was "essential to maintain a balance between the built environment and Moray's natural landscape".

"Taking enforcement action is always a last resort for the council, but we will not shy away from using it where necessary," they said.

(LM/MH)

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