Man ordered to bulldoze mansion built without planning permission near Kilbirnie in Ayrshire

A man who built a five-bedroom mansion without permission has been ordered to bulldoze it after losing a planning battle with the local council.

Businessman Gareth Wilson built the property at the Tennox Farm estate near Kilbirnie, Ayrshire, in December 2021.

The standalone building features a roof of Spanish slate while the interior features a spiral staircase and a balcony.

The estate features other businesses including holiday cottages.

But Wilson failed to submit a formal planning permission to North Ayrshire Council, which asked him to go through the process in March last year.

Just a few months later the local authority denied his retrospective application and he was told to pull down the site.

The council said the building had a “negative impact” on the area and did not fit the “established character” of the countryside.

The local authority said: “It is considered that the development has a negative impact on visual amenity and is incongruous with the established character of the countryside area.”

Documents submitted to officials show the Coal Authority had raised fears that the property could be impacted by previous shallow mining.

They said this could make the structure at risk of collapse.

Wilson appealed the decision to the Scottish Government but was refused again.

He said the council enforcement was “excessive” and against his human rights.

Documents submitted on his behalf said: “Upholding the notice without extending the compliance period would be contrary to the human rights of the appellant, his partner and family members.

“As the new house is the home of the appellant and his partner and the part-time home of the other family members, the reporter should consider, when determining the appeal, the implications of Article 8 of the Human Rights Act 1998.

“This is particularly important as the council did not consider the human rights of the appellant and his family when resolving to issue the notice.

“It is submitted that it would be disproportionate and therefore unlawful to uphold the notice without (at least) extending the compliance period.”

In a written ruling, government reporter Fortune Gumbo said: “I do not consider that there is a genuine housing need issue in play in this appeal as the appellant has other dwellings within the farm.

“In the alternative, should alternative accommodation be sought outside the farm, the appellant, by his admission, is of considerable means and as such this would not be an insurmountable obstacle.

“My findings are that the enforcement action proposed does not infringe on the appellant’s (and family) human rights, however, should an argument be made that there is an infringement, that infringement is on balance outweighed by the public interest objectives.

“I have considered all of the other matters raised, but there are none which would lead me to alter my conclusion that the enforcement notice should be upheld.”