Bishopbriggs couple win battle to keep their home extension without £50k fine

A couple who faced bulldozing an extension they built without permission have won a battle to keep it after they proved it had been done more than five years ago.

Gordon and Katie Maxwell developed their property in Bishopbriggs, East Dunbartonshire, to include a two-storey extension at the side and rear.

But they had only applied for a single level structure at the rear when the works were carried out in 2018.

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East Dunbartonshire Council hit them with a notice after they ruled the work had been done without proper permission.

The order, served on the couple in February, said they had to completely remove it or face a fine of up to £50,000.

The Maxwells appealed to the Scottish Government and insisted it could not be enforced as the work was completed outwith time limits.

A reporter has quashed the council decision after dated photographs and paperwork proved the work had been completed by December 2018.

In a letter to the government, the Maxwells said: "We are appealing this notice based on the legislation which states, 'where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining, or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially complete'.

"As you can see from the programme of works, the substantial completion date was noted as 23rd December 2018.

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"Taking the above timeline of works into consideration, the time duration from substantial completion of the construction works to the date of the enforcement notice which is dated as 29th February 2024, is recorded as five years, two months and six days (270 weeks).

"This time duration is far greater than the duration of four years stated within the time limits contained within the enforcement notice."

The council notice said: "The approved design omitted the two-storey rear extension which has now been constructed on site.

"Without the benefit of a valid planning permission the two-storey rear extension is unauthorised and in breach of planning control."

Government reporter Andrew Fleming said: "The appellant has provided two sets of photographs which show the various work elements carried out at the property.

"Each photograph is stamped with the time and date when they were taken. I am satisfied that an accurate record of the time and date of each photograph has been provided."

He added: "Given that the enforcement notice is dated 29 February 2024, a period in excess of four years, beginning on the date that the works were substantially completed, has now lapsed. No enforcement action can be taken as a result."

Heather Holland, executive officer for Land, Planning & Development at East Dunbartonshire Council, said: "We note the decision from the Scottish Government reporter and will review the status of this case accordingly."

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