Grand Eagles Luxury Lodge Park at Nether Coul was served a Breach of Condition Notice on 16th November 2016.
The notice was served on a Mr William Stewart of Nether Coul and requires nothing more than he make “purchasers aware of the status of the planning permission in relation to their chalet caravan”. Those purchasers however now must apply to Perth and Kinross Council for a change of use from Holiday to Residential use if they wish to use their property as their main residence.
Planning permissions granted in 2012 and 2014 had a condition which stated –
“The chalet caravans hereby approved shall be used solely for holiday accommodation only and shall not be occupied as the sole or main residence of any occupant to the satisfaction of the planning authority”.
It would appear that Mr Stewart chose not to advise residents of that condition throughout their stay on the park. It certainly is not noted on their website which gives a very ambiguous answer to an ambiguous question in this regard. In the FAQ area of the website the question is asked “Can I use my log cabin all year round on your park?”, the answer given states “Yes. Our park is designed for your all year round enjoyment for you and/or your visitors”. A question and answer which neither confirms or denies the ability to use your property as a main residence by staying there all year round.
Unfortunately this lack of information to residents meant that they received the information from a Council Officer who advised one of their options was to apply for a change of use from Perth and Kinross Council. So instead of enjoying the festive season, residents are more likely to be studying planning rules to try and obtain the change of use for their properties. There are already 7 applications with PKC with the probability of more to come in the New Year.
It seems unfair that the person who has received the Breach of Condition Order has little or no repercussions to face but those that were duped have to make all the effort to ensure they obtain what they originally thought was already theirs.