THE council has taken the unusual step of claiming costs in the Whitmuir Hall holiday lodges appeal case, claiming the appellant has ‘acted in an entirely unreasonable way’.
The council’s response to Alan Williams’ appeal over refusal of a planning application for 28 holiday lodges is highly critical of some aspects of the appeal statement.
The council states: “The planning authority, having considered the terms of the appeal statement, finds itself in the unusual position where it considers that the appellant has acted in an entirely unreasonable way in that appeal and therefore a claim for expenses is made by the planning authority against the appellant.
“The planning authority considers that the appellant has acted in a number of ways which are misleading and disingenuous.”
In the council’s view, Mr Williams, through agents CASA Planning, has submitted new evidence to the appeal despite stating within the appeal paperwork that this had not been done.
A claim has also been made in the council’s response that the appellant has referred to a ‘green tourism plan’ that was never actually submitted with the original application.
The council has also asked the Government-appointed reporter, Gerry Farrington, to ignore the submission of a VisitScotland representation, which was withdrawn before the scheme reached the planning committee.
In addition, the council has stated that quotes from emails between council staff as part of the planning process have been altered by the appellant in the appeal submission.
The appellant’s appeal states the council refused the plan because it took into account local opposition which did not relate to material planning considerations, that no precise reasons for refusal were given, and that the decision ignored conditions drafted by the director of planning and failed to take into account previous planning history.
The appeal will be decided following a site visit by Mr Farrington, with a decision due by mid-May.