Council fail in eviction attempt
Kate Smail • Published 22 Oct 2010 09:30
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Scottish Borders Council have been left with egg on their faces after they failed to serve an eviction order at a controversial chicken compound.
Andrew Cleghorn’s depot on the outskirts of Cardrona has been the subject of several enforcement actions and numerous objections over the years, after it was built without planning permission.
The 44-year-old was initially refused permission to add an office onto a former agricultural building as well as create new access back in 2006.
And further developments at the site, including the erection of fencing, security lights and CCTV cameras have all been carried out without permission.
His latest addition to the building, a chicken enclosure, has also been refused retrospective planning permission.
SBC, together with Lothian and Borders Police, arrived to tear down the complex and remove the mobile home where Mr Cleghorn reportedly lives, at 10am on Wednesday morning.
But they backed down after the convicted cannabis dealer refused to come to the door.
Planning officials and police officers waited for one-and-a-half hours to make contact with Mr Cleghorn, but gave up after he refused to leave the mobile home.
A spokesperson for Scottish Borders Council told the Peeblesshire News: “Work was undertaken on Wednesday on behalf of Scottish Borders Council, with Lothian and Borders Police in attendance, to remove an unauthorised mobile home from Kirkburn, Cardrona. This operation was necessary after the owners failed to comply with a formal Enforcement Notice.
“The owner refused to speak with officers from the Council and locked himself in the mobile home. It was considered inappropriate on safety ground to proceed with the removal of the mobile home at this time and as a result the operation was suspended.
"It is the intention of the Council to return to the site at a later time to remove the mobile home. All costs incurred by the Council in bringing the matter to a resolution will be recovered from the owners of the land.
“Throughout the associated Enforcement case the Planning Authority has repeatedly sought the co-operation of the land owners to find an alternative outcome. When informal negotiation failed a formal Enforcement Notice was served in February 2009. The land owners utilised their right to appeal this Notice to the Scottish Government who upheld the Council’s decision.
"An application for planning permission was also refused and this decision was upheld by a panel of Councillors at a Local Review Body hearing earlier this year.
“Wednesday’s action follows three recent Final Warning letters and the land owners have been put in contact with Scottish Borders Council Homelessness Service.”
A spokesperson for Lothian and Borders Police said: “Police officers acted in support of the local authority planning officers who were progressing an eviction notice.
“Police attended purely in a public order capacity, no arrests were made and officers stood down after one and half hours at the property.”
One neighbour, who asked not to be named, told the Peeblesshire News: “The whole thing has been a farce.
“We’ve had to see that monstrosity for years, it’s horrible to look at. What’s so frustrating is that the council have deemed it illegal and served enforcement orders - we can’t understand how its still standing.
“Why did they bother bringing the police with them if they weren’t going to do anything? It’s about time Scottish Borders Council says enough is enough.”
Throughout Wednesday’s stand-off Mr Cleghorn phoned the newsdesks of national tabloids in a bid to gain support.
But speculation by one newspaper, that he faced a bill for £10,000 to cover costs incurred by the local authority, was denied by the council.
A spokeswoman added: “The figure of £10,000 is incorrect - costs are not yet known but steps will be taken to recover them from the landowner.”
Mr Cleghorn declined to comment when contacted by the Peeblesshire News.
This article appeared in Peeblesshire News 22 Oct 10
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