Red House: Planners are ordered to remove ‘crazy’ condition

Councillors ruled the condition — which meant the development would have needed to be knocked down in 2026 — defied “all logic”.

The proposal to convert the Red House on Ayr Road into a holiday let as well as build eight bothies, a cafe and a bike hire centre was approved by the council, with 17 conditions.

But applicant Kenny Neison launched an appeal against the first condition, which meant permission was only granted until June 2026, when the site would need to be “restored to its former condition”. He claimed the ruling rendered the “implementation of the development unviable and in effect nullifies the benefit of the planning permission”.

The south approach to the facilities

Councillor Stewart Miller, who chaired the local review body, which decided to remove the condition, said: “I’ve been on the planning applications committee for almost 10 years, and there’s a lot of times I can agree with the planners, a lot of times I’ll disagree.

“Sometimes you scratch your head and think where did this come from? To me, this particular condition defies all logic. 

“There is no reason at all that I can see that we grant planning permission and then we tell them to knock it down so we can determine its viability.

“I have never seen something like this in my life before and I hope never to see it again.”

A council officer told the meeting of the local review body that the condition had been included due to the proposed cafe.

He said planning officers had reported the cafe “in itself would not be in keeping with the policies for the rural area”.

“However, the tourism and leisure facilities are acceptable in this location and the cafe could be acceptable as part of the overall proposal. 

“It is therefore considered appropriate to condition the consent, in the first instance for a temporary period of five years, to ensure the tourism and leisure facilities are viable and the business overall can be established.”

Proposed Site Plan

Officers had wanted to “monitor the use of the site and ensure that the proposal is viable and the use remains appropriate to the rural location”.

Mr Neison’s appeal said the condition is “neither necessary or reasonable”.
Councillor Angela Convery said the condition was “just crazy” and should be removed.

And Councillor Jim Swift said: “To make it financially impossible for anyone to do so is just ridiculous. It’s counter productive, I was astonished to read it frankly, I’m appalled and I think it’s disgraceful.”

The development will provide a place to hire bikes, a hub for repairing and charging bikes, holiday accommodation, the cafe and a washhouse for 
cyclists.