Posted: Tue 8th Apr 2025

Decision on Eco-House Planning Appeal Delayed by Angus Council

This article is old - Published: Tuesday, Apr 8th, 2025

A decision on an appeal against Angus Council’s refusal to grant planning permission for an eco-house in a village garden has been delayed.
Under the plans, lodged by Maria Jemicz, a three-bedroom house would be erected on the grounds of 19th Century Burnbank Cottage on South Street in Newtyle.
Plans for the new build were first submitted back in December 2021.
But council planners refused the bid under delegated powers, saying around a third of the plot could be at risk of flooding from the Newtyle Burn.
They also said the angle of the house on the site did not fit the rigid street pattern of the village.
However, the applicant subsequently appealed the refusal.
Planning apeal delayed 
Members of Angus Council’s development management review committee were set to decide on the appeal at a meeting on Tuesday. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Councillors heard that although the proposals have been amended – moving the property out of the possible flood zone – the garden could still be at risk of flooding. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Concerns were also raised that the surrounding trees on the site could limit the natural light within the house. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Council planning consultant Fiona Milne said: “In the same way that people have a right to live in a house and not have noise nuisance, they have a right to have a level daylight within their house. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The person looking to build the house might say I’d rather have the trees and put up with a level of overshadowing. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“But if and when they sell that house, anyone that moved in would have right to a level of daylight within their house. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“They could then request that the tree could be loped or taken down.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Councillors ultimately decided to delay the decision pending a visit to the site. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

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BBC LDRS ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



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