
Storing waste on Glasgow land ruled unlawful after 25 years
Now, the council ruled this use unlawful after a planning application was handed in by E G B R Dalton LLP.
In the papers, the firm argued that since the area has been a home to these items for more than 10 years, it should be lawful.
However, in their decision, council planning officials said the evidence submitted did not satisfy them.
(Image: Sourced) (Image: Sourced) (Image: Sourced) (Image: Sourced)
READ NEXT: Last-minute plea to save historic Glasgow building as decision looms
We are at wits end with tragic parking in this Glasgow area
The company, based in West Lothian, has owned the site since the 1980s.
In 2000, a proposal was accepted to use this land as a "recycling facility for the processing of inert construction and demolition waste and the siting of a crushing unit".
On pictures submitted with the application, skips, containers and train parts can be seen stored at the site.
Documents added: "Since 2004 to the present day, the site has been leased and actively occupied for the purpose of storage and distribution of recycled metals, demolition waste, plant, machinery and containers recognised under Class 6 of the Use Classes (Scotland) Order 2023.
"There have been no other planning uses on the site during this period.
"As the use has continued without interruption or abandonment for a period of more than 20 years, it is considered that the use is lawful under Section 150 of the Town and Country Planning (Scotland) Act 1997."
Despite this, the bid was rejected.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Wales Online
08-08-2025
- Wales Online
UK homeowners face triggering £5k fine for 'not tidying up enough'
UK homeowners face triggering £5k fine for 'not tidying up enough' During the summer, homeowners will be heading out into their gardens to spruce them up, but there's one thing they should all be aware of Keeping the 'controlled waste' items in their garden for too long could cause problems (Image: Getty) Householders are being warned to make sure particular items aren't abandoned in their gardens for extended periods, or they could face penalties. As temperatures rise across the UK, numerous property owners will be venturing into their outdoor spaces to spruce them up as part of home improvement work and make the most of the pleasant weather. However, gardening specialists at Decking Superstore caution that residents could find themselves in hot water if their gardens aren't maintained to a sufficient standard and certain common items are left scattered about. Homeowners are being advised to inspect their gardens for certain items that might appear innocent but could land them in legal difficulty, reports the Mirror. The gardening specialists reveal they've witnessed many homeowners inadvertently breach environmental regulations without realising, such as abandoning heaps of earth, rubble, or general garden waste in their outdoor areas. "People think it's fine to leave a mound of soil or a few broken bricks in the corner of the garden," a spokesperson said. "But, councils may view that as controlled waste. It might not feel like fly-tipping - but under the law, that's exactly how it can be treated." What does the law say? Under the Environmental Protection Act 1990, soil, rubble, and most garden waste are classified as 'controlled waste'. This means it must be disposed of legally and responsibly. Even when the material sits on your own property, allowing it to remain there indefinitely can trigger enforcement action, particularly if it creates a nuisance, draws pests, or spreads onto neighbouring land or public walkways. Where waste is deemed to be fly-tipped or stored illegally, households face fines of up to £400. More severe cases result in prosecution with maximum penalties of £5,000 or even jail time. The controlled waste Environmental Protection Act 1990 outlines the obligations of businesses and people to protect the environment. It also details the enforcement procedures and penalties for failing to comply. This encompasses the requirement for a waste management license, litter violations, and national waste strategies applicable to England, Wales, and Scotland. If waste is judged to be fly-tipped or illegally stored, households could be fined up to £400 When the material poses a health or environmental risk, such as attracting rodents or blocking access, councils can also serve a statutory nuisance notice under Section 79 of the same Act. Ignoring the notice can lead to further legal proceedings. The matter extends beyond this. The landlord advice team at First 4 Landlord Advice also highlight that the Town and Country Planning Act 1990 empowers councils to demand cleanup where a garden or outdoor space is considered to be damaging the neighbourhood's appearance. Sometimes, this can even result in Section 215 enforcement, where property owners are legally compelled to tidy their land or face court action. "It doesn't have to look like a rubbish dump for enforcement to happen," the spokesperson explained. "If something is clearly not being used, is unsightly, or is attracting complaints, you could get a visit from your local authority." In some cases, homeowners can be legally ordered to tidy their land What shouldn't you leave in your garden (or risk a fine)? A team of gardening experts has put together a list of common garden items that could land you in hot water if left out for too long: Mounds of soil or rubble – Often viewed as controlled waste if left unattended. Damaged slabs, bricks, or concrete – Legally considered as construction waste. Old garden furniture – Particularly if it's broken, rotting, or clearly abandoned. Rusty tools or equipment – Could be perceived as environmental hazards if left outdoors. Decaying wood or decking – Might attract pests or pose safety risks. Plastic grow bags, plant pots or trays – Especially if they're not being used and are scattered about. Overgrown or unmanaged waste piles – Such as heaps of leaves, cuttings or twigs. Unused barbecues, appliances, or building materials – If they're not part of an ongoing project. What is generally fine (if managed properly)? There's no law against using your garden for personal projects, so the following are typically permitted, as long as they're kept tidy and don't cause harm: Functional compost bins (with lids). Neatly stored DIY or gardening materials. Potted plants, growing containers, and patio furniture in use. Neatly stacked firewood (not excessive or rotting). Gardening tools stored in a shed or lean-to. There's no law against using your garden for personal project (Image: Getty) Article continues below A simple way to stay safe: The experts' guidance is straightforward: avoid leaving heaps of soil, bricks, broken slabs, or waste material scattered around your garden - even if you plan to use it later. If it's not part of an ongoing project and appears neglected, tackle it without delay. They suggest that you could legally dispose of materials by employing a licensed waste carrier or visiting your local rubbish tip. They also advise carrying out a swift monthly inspection of your garden to prevent any build-up of clutter. "A tidy garden isn't just about aesthetics - it's a legal obligation. What might seem like a minor mound of dirt today could result in a fine tomorrow," the spokesperson commented. "I always play music while I'm working. It transforms cleaning into dancing - and it never feels like a chore."


Daily Record
06-08-2025
- Daily Record
Housing developer demands multi-million pound refund over 'unspent' educational enhancement fund
Mactaggart & Mickel Homes Limited say they've given the local authority around £9m in the last 15 years towards the delivery of school enhancements. South Ayrshire Council is facing a multi-million pound claim from a housing developer over money the local authority set aside for educational facilities. Mactaggart & Mickel Homes Limited say they've given the local authority around £9m in the last 15 years towards the delivery of school 'enhancements.' But the firm claims that around £6m from the fund hasn't been spent - and they want the cash returned. South Ayrshire bosses say the money provided through the developer contributions process is ringfenced and therefore has no impact on the council's budgets. The financial wrangle stems from a 'substantial residential development' which was given the go-ahead at Greenan's Dunure Road back in 2010. At the time, Mactaggart and Mickel was required to enter into an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. They had to pay South Ayrshire Council financial contributions towards the delivery of school enhancements. This was required 'to meet the educational needs of children residing in the Development,' as it was predicted the influx of families would place an additional burden on school rolls and infrastructure. Then, a separate Section 75 Agreement was entered into in 2021, when the council granted a second planning permission to allow the continuation of the Greenan development. That agreement contained 'equivalent provisions' to those in the 2010 agreement in relation to education payments. It also related to education infrastructure to 'mitigate' the impact of the development. Central to the housing developer's multi-million pound claim is expansion and improvement work over the years to Doonfoot Primary School and St John's Primary School. And proposed works at Kyle Academy is a bone of contention with the developers too. Mactaggart and Mickel say they have paid 'all education contributions' due under the agreements to the council and the total contributions over a period of nearly 15 years amounts to around £9m. Agents acting on behalf of Mactaggart & Mickel are Shepherd and Wedderburn LLP. They said in a supporting statement: 'The council has used some of those contributions to expand and improve the local Doonfoot Primary School. The exact amount is unclear. 'It is unclear to what extent the council has used other contributions to improve any other school attended by children from the development. 'In August 2024, the council still held £5.9m which, at that stage, had not been allocated to any identified future capital expenditure. In September 2024 Mactaggart & Mickel made a final payment to the council of £259,778.' Their statement continues: 'The available evidence strongly suggests there is no ongoing requirement to carry out any further school improvements as a result of the Greenan development. 'It illustrates that, each of the schools which could be improved using contributions from the development, has available teaching capacity and that children from the development are not causing capacity constraints that would require the schools to be expanded further. 'The agreement provides that, any contributions that have not been contractually committed, or spent, are to be repaid within five years of completion of the development. 'However, in view of the available evidence there does not appear to be any lawful basis on which the council could justify further expenditure on education infrastructure arising from the development. 'In these circumstances the council is requested to agree to modify the Section 75 Agreements to provide for the repayment to Mactaggart & Mickel of unspent education contributions together with accrued interest (by 30th July 2025).' The supporting statement goes on: 'In August 2024, the council held around £5.9 million worth of contributions received in connection with the Greenan development. 'None of the schools on which the council is entitled to spend those contributions is more than 80 per cent full because of the Greenan Development (either individually or in cumulation with other developments within the relevant catchment areas). 'There is no ongoing justification for the council's retention of funds to deliver an expansion of St John's Primary School since its most recently published occupancy level is less than 65 per cent of its capacity. 'And we have seen no evidence that any alternative facilities are required to meet the denominational primary educational needs of children from the Greenan development.' They also state that there was 'never any justification' for using any of the Greenan developer contributions towards the expansion of Kyle Academy - since the Greenan development is NOT within its catchment area. The statement adds: 'The request from the council's service lead for planning and building standards that funds held by the council could be 'utilised to reconfigure the layout of the school' is unreasonable, given the lack of any linkage between the development and the school. It is not clear whether the council has ever used funds from Greenan to make improvements to Kyle Academy.' The firm has engaged the services of James Findlay KC as they seek to recover 'any or all' of the circa £9m they have paid to South Ayrshire Council. Mr Findlay said in correspondence to council chiefs: 'It would appear that the council retains £5.9m of the total paid. I suggest that, as a first step, the council be asked to identify all sums ostensibly spent pursuant to the agreement and the basis of so doing in each instance. 'A more informed view can be taken as to the merits of seeking to recover all or any part of the relevant monies. 'At present, I suggest that the arbitration route provided by the agreement would appear to offer the most suitable avenue for determination of any disputed issues as to the propriety of any expenditure.' A spokesperson for South Ayrshire Council said: "South Ayrshire Council has received an application to vary an existing Legal agreement relating to the Greenan development in Ayr. "The developer Mactaggart & Mickel have requested the return of the unused Developer Contributions originally provided to reduce the impact of the development on Educational facilities in the area. "The developer purports that the Greenan development has not created the impact on educational facilities, predicted at the time of the original planning application and therefore the council no longer requires the developer's finance to upgrade school facilities. "The money provided through the developer contributions process is ringfenced and therefore has no impact on the council's budgets. "The application to amend the legal agreement will be considered by the Planning Authority in due course. "

The National
01-08-2025
- The National
Plans lodged to turn derelict Islay building into sauna
The proposal from Philip MacTaggart, vice chair of Western Heritable, would see the stone-built structure, known locally as Na Sglithean, southwest of Cairnmore House at Port Ellen, transformed into the new facility. Argyll and Bute Council planning officers are expected to rule on the proposal by the end of September, with the public now able to view plans and submit feedback. READ MORE: 'Extinct' jellyfish found in Scottish island rock pool in first sighting in 50 years A supporting statement by planning agents Cole and Partners said: 'The proposal seeks to sensitively restore the existing structure by reinstating its roof and carrying out internal alterations to convert it into a small-scale, off-grid sauna. 'The project is designed to retain the traditional external appearance of the stone hut, preserving its character and visual contribution to the landscape. 'The use of the building as an off-grid sauna is likely to fall under Sui Generis, as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997. The use is modest, self-contained, and consistent with rural tourism offerings elsewhere on the island. 'The design and function of the proposal represent a high-quality, small-scale addition to the area's tourism infrastructure, while also contributing positively to the conservation of a redundant historic structure.' The statement added: 'This proposal represents a sustainable and well-considered reuse of a redundant rural building, with minimal landscape impact and clear alignment with local and national planning policies. READ MORE: Warning issued as Sepa hunt for cause of 150 dead fish in river 'It contributes to the rural tourism offering of the area while conserving a part of Islay's vernacular coastal built environment. 'We respectfully request that the planning authority support this application, recognising the positive contribution it will make to the local area in terms of sustainability, heritage conservation, and rural tourism development.' To view the plans and submit comments to the council, visit its planning portal and use the reference number 25/01242/PP.