Planning condition that could have left Ayrshire family homeless is overturned

A planning restriction which would have forced an elderly couple to sell their farmhouse together with a proposed new home built for their daughter, has been overturned.

An appeal stated that this condition would have meant that, if they wished to sell their house their daughter’s house would also have to go on the market, potentially leaving them homeless.

South Ayrshire Council’s Local Review Body unanimously agreed to remove a condition tying the planned house at New Grimmet Farm, near Kirkmichael, to the existing farmhouse.

Planning permission in principle for the additional home was granted in January, with a formal detailed application still to be submitted.

However, one condition stated that it could not be sold, leased or otherwise disposed of separately from New Grimmet farmhouse, designating the two two properties as part of a single unit.

The house is being developed to allow their daughter and her family to live nearby.

Applicant Robert Watson challenged the restriction, describing it as unreasonable, unjust and unduly onerous.

A supporting statement prepared by Casa Architects set out the Watson family’s long association with the site and the gradual development of the former farm buildings.

According to the statement, Mr Watson purchased New Grimmet Farm in 1989 and subsequently carried out a series of improvements.

The original Grimmet farmhouse was refurbished, while an adjoining barn was converted and extended to create Orchard Cottage.

New Grimmet farmhouse was also formed through the conversion and extension of a former barn, completing the courtyard arrangement around the original farm buildings.

Unused barns and sheds were later demolished both for their deteriorating condition or because they were no longer required for agricultural purposes.

Historic maps dating back to 1859 demonstrated how the farm had evolved.

Casa Architects said older aerial photographs showed a traditional courtyard containing the two-storey farmhouse, workers’ cottages and associated outbuildings.

The overall landholding extends to approximately 23.8 acres, of which all but two are used as grazing fields.

Previous planning applications at Grimmet Farm have included alterations and extensions to the farmhouse, the creation of stables and a residential riding school and the conversion of former agricultural buildings into homes.

The proposed development site covers approximately 1,235 square metres and includes a 290-square-metre stable building and a disused greenhouse or polytunnel of around 160 square metres.

The new house would be positioned immediately beyond the existing stable block on ground currently occupied by the polytunnel.

The architects argued that the location was well screened while retaining a clear relationship with the established group of homes and former farm buildings.

The proposed house is intended for Mr Watson’s daughter and her family, allowing them to live close to her elderly parents and the rescue ponies they keep in adjoining fields.

Supporting information said the family currently travelled from Ayr several times a day to care for the horses and assist Mr and Mrs Watson.

Casa Architects said the development would support the family’s welfare while helping to continue the small-scale farming and equestrian activities carried out on the land.

Mr Watson, who is in his 80s, and his wife Marie, who is in her 70s, raised concerns about what would happen if they moved into care, died or decided to downsize.

Their review submission said the disputed condition could require both properties to be sold together, potentially leaving their daughter and her family without a home.

It could also require the family to retain or acquire two houses when they needed only one.

Council planners imposed the restriction because the new home would use an existing access running through the grounds of New Grimmet farmhouse.

The farmhouse has several windows close to the access route, while agricultural and equestrian activities also take place at the site.

Officers considered that disruption could arise if the two homes were eventually occupied by unrelated households sharing the same access.

The restriction was therefore imposed to maintain a relationship between the existing and proposed properties.

However, the applicant pointed out that Ayrshire Roads Alliance had not objected to the access arrangements.

They also said the existing courtyard was large enough to accommodate vehicles and activities associated with two separately owned homes and the stables.

Members of the review body agreed that the restriction was onerous and could create significant problems if Mr and Mrs Watson subsequently wanted or needed to sell the farmhouse.

However, councillors also acknowledged the planning officer’s concerns about the potential impact of vehicles passing through the existing property.

Councillor Weir moved that the appeal should be upheld and condition removed, while placing the review body’s continuing concern about residential amenity on record.

The motion was supported by all six members on the LRB.