Appeal Split Decision — the UK
ENA-290-2013
Land Adjoining 13 Saw Mill Terrace, EH19 3FY
In the appeal decision regarding enforcement notice ENA-290-2013, the Reporter upheld the enforcement notice issued by Midlothian Council but varied its terms. The enforcement notice concerned the alleged unauthorized change of use of land from public open space to private garden ground and the erection of a fence at 13 Saw Mill Terrace, Bonnyrigg. The main issues revolved around whether a change of use had occurred and the accuracy of the enforcement notice regarding the land in question. The appellant argued that the alleged breaches had not occurred and that the requirements of the notice were excessive. The Reporter found that while the triangular area of land was indeed being used as private garden ground, the rectangular area directly in front of the property was not subject to a change of use, as it was owned by the appellant and had characteristics of a private garden. The Reporter noted that the enforcement notice did not require the cessation of the land's use, which could have led to planning permission being deemed granted if the notice's requirements were met. The Reporter declined to amend the enforcement notice to include additional requirements proposed by the council, as this would have caused injustice to the appellant. Ultimately, the appeal was partially successful; the Reporter upheld the enforcement notice but confirmed that the allegations regarding the rectangular area and a section of fencing were unfounded. The enforcement notice will take effect immediately, with compliance required as specified, but without the additional conditions sought by the council.
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