Appeal Dismissed — ZE2
ENA-360-2002
Croft 13, ZE2
The appeal decision involves an Enforcement Notice issued by Shetland Islands Council against Johan Adamson regarding the unauthorized commercial use of two agricultural buildings at Croft 13, Button, Veensgarth, for stabling horses. The appellant contended that the enforcement action was time-barred, the requirements of the notice were excessive, and the compliance period was too short. The Reporter, Paul Cackette, assessed the appeal based on the grounds presented. He noted that the appellant had not obtained the necessary planning permission for the commercial stabling use, which was confirmed by two retrospective applications that were not pursued. The Reporter concluded that the use of the buildings had not been continuous for ten years, which would have granted immunity from enforcement under the Town and Country Planning (Scotland) Act 1997. Key arguments included the appellant's claims of historical use dating back to 1986 and the assertion that stabling began around 2017. However, the evidence provided, including photographs and financial records, was deemed insufficient to substantiate a continuous ten-year use prior to the enforcement notice. The Reporter found inconsistencies and gaps in the evidence, particularly regarding user arrangements and the timeline of building completions. Ultimately, the appeal was dismissed, and the Enforcement Notice was upheld, requiring the cessation of the unauthorized commercial use and restoration of the buildings to their former agricultural use. The decision takes effect immediately, subject to any legal challenge in the Court of Session.
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