A Glasgow takeaway owner has been ordered to tear down two storage sheds after residents claimed their back court was being destroyed.
The Lemon Tree Chinese on Great Western Road erected the outbuildings in a back court without planning permission and its owners have been told to remove them by the council.
But agents for the Lemon Tree claim the council didn’t give the owners enough time to finish the installation job before taking action.
A resident said tenants want their West End back court back as it is for “everybody.”
A statement on behalf of the tenant association, of 125 Great Western Road, said: “Lemon Tree has been destroying our back courtyard and is using our back courtyard as a dumping ground for their rubbish.
It added: “The sheds were built without planning permission, built on a large base, therefore our original walkway was moved and this reduced our lawn, a border was completely taken away and the excess soil was just left.”
Agents acting on behalf of the Lemon Tree, lodged an appeal with the Scottish Government, which was turned down last week.
The agent said “the basis of our appeal is that the works associated with formation of external storage by our client is incomplete, and our client was not awarded the additional time needed to complete their works.
“We are therefore appealing against the council's decision not to give our client time to complete their works before resorting to issuing an enforcement notice.”
The agent added that their client’s proposal involves enclosing the “two metal storage units already installed with a timber slatted enclosure and a flat roof finished in felt” to match other stores in the courtyard.
The appeal was made on the basis that the matters stated in the enforcement notice “do not constitute a breach of planning control.”
The council handed out the enforcement notice in July saying the outbuildings must be removed as they fail planning policy and are “detrimental to the amenity of the shared garden space and the character of the Woodlands Conservation Area.”
Backing up the council’s decision, the Scottish Government reporter said: ”The unauthorised installation is development that has been carried out without planning permission. That matter appears to be accepted by appellant.”
The Reporter, Keith Bray, said it “constitutes a breach of planning control and the appeal fails.”
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