A controversial application to allow a small, permanent Gypsy/Traveller pitch on a former farm outside Falkirk has finally been given the go-ahead despite a bitter dispute over who owns the land.
Alister Fowler was granted retrospective planning permission by Falkirk Council for a change of use of vacant land in California to form a private, permanent Gypsy/Traveller pitch with two caravans - one static and one tourer.
He was also given permission to keep hard-standing, car parking and a shed that had been built on land formerly belonging to Wesleymount Farm.
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The application stated the permission was "to allow a safe and secure home for the applicant and his family" and planning officers agreed that the site was suitable.
However, members of Falkirk Council's planning committee heard a deputation from a neighbour, Max Ketchin, who told councillors that he felt it was a "fraudulent application".
He said: "Mr Fowler has declared he is the owner of the land but he is not and has never been the owner because he doesn't have a title deed from the Keeper of the Registers of Scotland and as far as I am aware that is the only document which lawfully demonstrates proof of ownership of land."
The claim that Mr Fowler does not own the land had also been made at a previous meeting, so the council's legal officers had agreed to investigate further. They concluded that while the sale had not been registered with the Keeper, dispositions had been granted that proved the purchase of the land.
Officers also explained that there is no need to own land to apply for planning permission - the only requirement is that the owner is informed of any application and this has now been done.
Mr Ketchen also told councillors that other issues concerned him, including the noise of a generator that is used to produce electricity.
He also said "there has been a complete explosion of vehicular traffic" since Mr and Mrs Fowler had moved in.
He claimed too that the site was not suitable as Mr Fowler would never be able to add basic services, such as sewage, drainage and water, as he would have to go through another owner's land and he would never get permission.
However, officers told councillors that many of the issues raised were not part of the planning process.
An Environmental Health officer said that noise from the generator had already been investigated but no action had been taken as it was not audible from inside the neighbouring house.
Conservative councillor James Kerr said he remained unhappy with the situation and wanted the application be refused.
He said: "I think that Mr Fowler knowingly and recklessly filled in the application; I'm not happy that it will be able to be serviced; I'm not happy with the flooding; and I'm not happy with the amount of traffic on that road before it's made an adoptable road."
However, SNP councillor Gary Bouse said that "every question that has been asked has been answered very well", and he proposed that the application should be granted.
The application was granted by seven votes to four.
