In Issue 226 we reported that the owner of a 'garage' on East Scotland Street Lane had lost his appeal to Scottish Ministers against the Council's refusal to grant change of use consent.
We further reported – with some misgivings – that City of Edinburgh Council (CEC) had no current plans to enforce the decision. That assertion was based on an explicit statement, repeatedly questioned by us and as often confirmed by a CEC press officer. It now appears that the official's understanding was wrong.
Researches since have shown that a planning enforcement notice was originally issued by CEC on 14 November 2013, requiring removal of the unauthorised structure within 2 months. Mr D. Herrigan, the owner, having lost his appeal against the Council's decision to refuse permission late last year – is now appealing against the enforcement notice.
The developer Mr Ferrigan's grounds are that: the matters stated in the notice do not constitute a breach of planning control; and the steps required by the Council to remedy the breach are excessive. CEC's detailed response, dated 9 January, can be found here.
You can follow the sometimes acrimonious details of all the correspondence by following this link to Ref. ENA-230-2081 on the Directorate for Planning and Environmental Appeals (DPEA) website.
Spurtle will not be reporting every twist and turn, partly because we do not wish to be thought of as revelling in Mr Ferrigan's current difficulties, partly because we have no intention of tippy-toeing through a potential legal minefield when readers can frollick for themselves in perfect safety.
A Reporter from the DPEA – Mr Mike Croft – will now visit the site at 10.15am on Friday 21 February. The purpose of his visit is to allow him to become familiar with all the physical aspects of the site and the surrounding area. Although interested parties can point out to him the features of the site that relate to the appeal, he will be unable to enter into any detailed discussion about the case.
A decision is expected by 24 March.