Stone wall demolition held to breach rules

An enforcement notice seeking the reinstatement of a section of stone wall in a conservation area near Perth has been upheld after a reporter rejected the appellants' claim that it was invalid.

An article 4 direction had removed certain permitted development rights in the area, including the right to alter walls. The notice required a new wall that would be lower than the original.

The appellants claimed that the wall's removal was permitted under class 70 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 because it involved demolition of a building in the interests of health and safety. They relied on a notice served under section 91(2) of the Road (Scotland) Act 1984 requiring them to make the wall safe.

The reporter noted that class 70 rights relate to the complete demolition of a building. As the wall had not been entirely demolished, he decided that they did not apply. He concluded that the steps the council required were reasonable, allowing three months for the wall to be rebuilt.

He rejected the appellants' costs claim. The section 91(2) notice did not require full demolition of the wall and the appellants should have known that conservation area consent would be required for the operation, he remarked. The council did not exhibit unreasonable behaviour, he ruled.

Reporter: Iain Urquhart; Written representations


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