09-07-2025
Appeal against North Lanarkshire Council's planning refusal dismissed by Scottish Governmment
In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage in Allanton and this was appealed to the government's Planning Enforcement and Appeals Division.
An appeal against a North Lanarkshire Council planning refusal concerning a building in Allanton has been dismissed by the Scottish Government.
In January the council refused an application for a change of use to a dwelling for a building near Mill Cottage on Old Mill Road and this was appealed to the government's Planning Enforcement and Appeals Division.
The building was originally functioning as a 'day room' for members of the traveling community, but it was claimed it had been in continuous use as a residence since May 2020 - meaning that enough time had passed that it would be exempt from planning enforcement.
However a notice issued by DPEA reporter Sarah Foster states that she dismissed the appeal on the grounds that the submitted evidence relating to the use of the building was insufficient to show that how long the building had been used as a home.
This evidence included receipts for a kitchen, septic tank emptying, and television service but these were deemed equally applicable if the building was used as a day room or office and therefore inconclusive.
Therefore the reporter also found North Lanarkshire Council's reasons for refusal to be well-founded, and agreed that the certificate of lawful development should not be granted.
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