A family of five who were forced to live in a caravan for three years have won a long-running planning battle with Highland Council – and could pave the way for a change in the rules.
Emily and Ian MacDonald are expecting to finally move into their new home on the outskirts of Strathpeffer when it is completed later this year after their appeal against a planning condition was upheld.
The couple and their three young children were left living an “absolute nightmare” when their plans to build a dream home on the family croft were derailed three years ago.
The planning permission for the house at the Woodside area of the village was subject to a section 75 order, which effectively tied the home to the croft so they could not be sold separately.
The move prevented the couple from securing a mortgage, and left them living in a caravan at the site for three years while they fought the decision.
This week, a Scottish Government reporter upheld their appeal and lifted the restriction, branding it “unreasonable”.
It is not the first case of its kind, with Black isle couple Mark and Mary MacLennan scoring a similar victory last year.
Councillors rejected the MacDonald family’s attempt to get the condition lifted in narrow 7-5 vote last September.
The local authority is now expected to consider the future of the policy at a meeting in May – and could decide to lobby the Scottish Government for a change in national planning rules.
Mrs MacDonald, 29, said: “I’m just over the moon. It’s been a long time waiting for it but it has all gone our way.
“It has just been an absolute nightmare from start to finish.
“I think the council need to take it upon themselves to look at it. They are going to have to do something about it.”
A Highland Council spokesman said: “We have now received the reporter’s decision and are considering his findings. Negotiations with the mortgage lenders are continuing.
“A report on the policy review will be considered at the May planning, development and infrastructure committee taking into consideration all relevant appeal decisions.”