Ayrshire mansion built without permission must be demolished
- Published
North Ayrshire Council said the building did not fit the "established character" of the countryside
A man who built a five-bedroom mansion without planning permission has been ordered to demolish it.
Businessman Gareth Wilson, 44, failed to submit formal planning permission to North Ayrshire Council before starting work on the property in December 2021.
It asked him to go through the process in March last year and a few months later denied his retrospective application.
He appealed to the Scottish government which upheld the council's decision.
The property was built at the Tennox Farm estate near Kilbirnie, Ayrshire. The estate also features a number of other businesses such as holiday rental properties.
The local authority said the one-and-a-half storey building had a "negative impact" on the area and did not fit the "established character" of the countryside.
The Coal Authority also raised concerns that the property could be at risk of collapse due to previous shallow mining.
Planners have ruled that the new building will have to be knocked down and returned to its former state.
Documents submitted on Mr Wilson's behalf said the council's actions were "excessive" and against his human rights.
"Upholding the notice without extending the compliance period would be contrary to the human rights of the appellant, his partner and family members," it said in the documents.
"As the new house is the home of the appellant and his partner and the part-time home of the other family members, the Reporter should consider, when determining the appeal, the implications of Article 8 of the Human Rights Act 1998."
Human rights
In a written ruling, government reporter Fortune Gumbo said he did not consider there to be a genuine housing need issue as Mr Wilson had other dwellings on the farm.
"Should alternative accommodation be sought outside the farm, the appellant, by his admission, is of considerable means and as such this would not be an insurmountable obstacle," he said.
"The enforcement action proposed does not infringe on the appellant's (and family) human rights.
"I have considered all of the other matters raised, but there are none which would lead me to alter my conclusion that the enforcement notice should be upheld."
A North Ayrshire Council spokesperson said it acknowledged the Scottish government's move to uphold the decision taken by its planning committee.
The committee granted a service of notice requiring the removal of the "unauthorised dwelling house, associated outbuildings and ancillary works at Tennox Farm".
"It also asks for the land to be restored to its former condition prior to the development taking place," the spokesperson said.
Mr Wilson has been approached for comment.