EFFORTS to resolve long-standing complaints about a half-built home in Devon Village has come to a dead end.
Members of the council's Planning Committee had been trying to find a solution to the issues surrounding 10 Gannel Hill View.
The committee previously asked for legal advice regarding the half-constructed, self-built property, which had been described by neighbours as an eyesore.
In 2018, the Advertiser previously reported that the owner of 10 Gannel Hill View was given permission to house a caravan on the plot – on a temporary basis – to facilitate a “swift” building project.
However, the property has remained in a state of half-construction.
The council was asked to intervene, and had investigated the option of a Compulsory Purchase Order (CPO)
Local authorities have the power to issue CPOs for certain properties, but they must be approved by Scottish Ministers before they can be enforced and there are strict guidelines in place.
Councils must be able to demonstrate a strong public interest associated with the CPO proposal and it can only be used as a last resort measure.
In order to move forward with a CPO, the council would also need to have firm plans and budget for the property in place.
“At this time the council has no available budget for the completion of such a project,” a legal adviser told the committee on Thursday.
Additionally, the committee was told that one of the owners of the property has recently passed away, which further complicates matters.
“The estate of the late owner will take a number of months before it is finalised," a report to committee said.
"As such it would not be appropriate nor would the owner have the ability to sell the property until the estate of the deceased has been discharged.
“It is unlikely that the council would be successful in obtaining the approval of the Scottish Ministers to CPO the property.”
Councillors lamented the dead-end, with officials concluding that a CPO route was not an option for now.
A legal adviser said: “If you make plans for something specific – like a care home perhaps or something with public interest – maybe you could revisit CPO as an option.”
Councillors ultimately acknowledged that the situation must lie as it is for now.
Cllr Donald Balsillie told the chamber: “I think trying to pursue a CPO at this stage would probably be seen as inappropriate.
“Especially because we don’t have a specific plan in place at the moment.
"More broadly, if we step back, I think there are many other properties in Clacks that I would prioritise for CPO over this one.”
Others agreed that at this stage, and Cllr Jane McTaggart, added: “I truly understand the neighbourhood’s frustration with the various issues of non-development.
"However, I think taking this CPO forward would almost be disrespectful.
"Right now this just has to lie as it is. Maybe we can come back at another point.”
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