Glasgow homeowner ordered to remove sun room from property
The owner, Gerard Caughey, appealed to the Scottish Government in a bid to overturn the rulings, but they have now been upheld.
A sun room, or orangery, was built in 2018 as an extension to the mid-19th century two-storey flat while the two flues – for a wood-burning stove within a workshop in the garden – were installed in a lane to the back of the property.
Council officials said both the flues and the sun room require planning permission while listed building consent is needed for the extension.
They ordered their removal in November last year following 'various' public complaints, as the flues have 'a direct impact on the amenity of the neighbouring properties' due to smoke. Officials also said the sun room does not 'protect the listed building's appearance' or 'complement the… period, style and character'.
(Image: Appeal documents) But Mr Caughey, who claimed he was only aware of one complaint, appealed. A reporter was appointed by the Scottish Government to investigate the case.
A representative for the owner said he had reinstated a single-storey extension at the same 'height and scale' as an original orangery, which had been part of the property when it was purchased in the 1990s but was removed as it was in 'a dangerous condition'.
The appeal argued the extension had been completed six years before the enforcement notice was issued and that it protected the listed building 'due to its similarity to what was there originally'. It added 'quality' Spanish hardwood had been used and a 'sympathetic approach' was taken.
The owner's appeal also claimed the council had failed to respond to a query about retrospective planning applications, and a prior enforcement notice relating to the flues had been dismissed.
A letter of support for the extension was provided by Brian Johnston, planning convener on Dennistoun Community Council. It stated the work had been 'carried out with a sympathetic regard for the original building' and the 'workmanship, design and materials' were of 'high quality'.
In response, the council said the previous notice was not withdrawn and the flues are not 'a sufficient distance' from neighbouring properties, so a planning application would be refused.
READ MORE: Call to keep 'distinctive' building facade in plan for new Radisson hotel
It added permission for the extension also wouldn't be granted, as it is 'incongruous with the listed building and contributes to overdevelopment of the rear area'.
The council believes removing the 'unauthorised structure would restore the character of the listed building by restoring the rear wall of the building to its original unobscured state'.
The reporter, Simon Bonsall, found permission was required in both cases and that breaches of planning control had occurred. He upheld the enforcement notices.
Mr Bonsall also refused to grant listed building consent for the extension. He concluded: 'While the effect of the orangery on the setting would not be harmful, I consider that the orangery through its design, location and materials would… not be in keeping with the character of the listed building.
'I consider that the removal of the orangery… would restore the character of the listed building to its state prior to the orangery having been built.'
The owner can challenge the rulings at the Court of Session, but only on a point of law.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Glasgow Times
12 hours ago
- Glasgow Times
Have you spotted the 20 new Glasgow city centre trees?
The trees, funded through revenue from Low Emission Zone (LEZ) penalty charges, are part of Glasgow City Council's efforts to expand the urban canopy and improve environmental conditions in the area. Twenty large trees have been newly installed, and eight additional planters were moved from George Square to other locations while the square undergoes redevelopment. In total, 28 metal and stone planters are now in place across the city centre in locations including Trongate and outside the Gallery of Modern Art (GoMA). Cllr Angus Millar, convener for city centre recovery, said: "These new urban trees are more than just a visual enhancement to our city centre – they represent our commitment to a greener, healthier, and more sustainable Glasgow. "By reinvesting Low Emission Zone penalty income into projects like this, we're not only improving the look and feel of our public spaces but also delivering real environmental benefits for our city centre and securing a positive legacy from our action to reduce air pollution." City centre tree planter on James Watt Street (Image: Glasgow City Council) Glasgow tree planter outside the GOMA (Image: Glasgow City Council) Read more: Prominent sports club bar and bistro in 'leafy West End' brought to market Major British institution with Glasgow branch to close more than 100 locations' Glasgow tree planter outside the Mercat (Image: Glasgow City Council) The planters feature a variety of trees, including birch, cherry blossom, and rowan. These trees are intended to improve the appearance of the city centre while also helping to address climate change. They do this by absorbing carbon dioxide, lowering air and surface temperatures, and filtering airborne pollutants. Other locations include Dundasvale Road, James Watt Street, Hope Street/Bothwell Street, the Mercat, Brunswick Street, Albion Street, Goosedubbs, Blythswood Square, and Dundas Lane.
Daily Mail
a day ago
- Daily Mail
Man at war with council after he is ordered to demolish extension because of 'nonsense' complaint from neighbours
A furious homeowner is at war with his local council after he was ordered to demolish his extension and wood-burning chimneys. Gerrard Caughey has branded the decision 'nonsense' after planning chiefs said he built the sunroom at his Glasgow home without permission. Mr Caughey was slapped with two enforcement notices by Glasgow City Council (GCC) but took his fight to the courts where the government ruled against him. According to the council, his neighbours were also unimpressed with the extension, built in 2018 and attached to his ground-floor flat, and in particular with smoke billowing out of his chimneys. While inspectors said the sunroom was not in 'character' with the original property, a listed building, or the wider street. Mr Caughey fumed: 'I think it's nonsense. Most folk I speak with in the area love the smell of the smoke, and I use it very occasionally.' Speaking to STV, he said the sunroom was built with high quality Spanish hardwood shipped from abroad, and stated the state of the orangery, which had previously been in place when purchased, was 'dangerous and a 'shambles'. Mr Caughey added: 'You can't even see the garden from out in the street. It's not causing anyone harm or anything.' Challenging the notion there were numerous complaints, Mr Caughey's planning agent said as part of his appeal: 'GCC enforcement allude to "various complaints" with regards to the structure. 'We are aware of one complaint from the neighbouring property, and we understand there have been long-running disputes from them. 'My clients are not aware of any further complaints from within the area and we would suggest therefore the word "various" has been used spuriously in the compiling of the GCC report.' The sunroom was built as an extension to the mid-19th century terraced building in 2018, but GCC say no planning permission was ever sought for it. Mr Caughey, however, argued that the property had a single-storey sun room attached when he purchased the property in the 1990s. The orangery was said to be in a 'dangerous condition deemed irrepairable' by Mr Caughey, a builder himself, and so he removed the glazed element and left the foundation and floor in-situ to return to at a point in the future. He says the sunroom was re-instated in 2018 based on the 'original footprint'. He also argued in the appeal that the council did not respond to queries about retrospective planning permission and that a prior notice about the flues had been dismissed - GCC refute this. While the extension was installed at the back of the property, two flues, for the wood-burning stove within a workshop in the garden, were put into place to face the lane which runs to the back of the property. The council ordered the removal of both in November last year on the terms that there was no planning permission or listed building consent. Mr Caughey's appeal also argued the sunroom had been installed six years before the enforcement notice was served. The council also ruled the smoke from the chimneys have a 'direct impact on the amenity of the neighbouring properties'. When MailOnline visited the street, neighbours expressed the same concerns. They said that 'black smoke' coming from the chimneys was concerning surrounding residents and that it was visible streets away on Dennistoun's main road of Duke street. Mr Caughey, who lives in the property with others above and below, was unavailable when the Mail attempted to contact him. A man who said he lived in the basement of the listed building shouted abuse and told our reporter to go away. However, one neighbour, who did not want to be named, admitted to complaining about his chimneys and sunroom. They said: 'I don't have anything to say other than the fact we were not happy. 'It's was not so much the summerhouse as the smoke from the fires which was a big aspect of things.' Admitting that other neighbours were concerned about the effect that it might have on younger children, they added: 'You could see the smoke from Duke Street as you walk up the hill. 'It's black and it's heavy and a few neighbours can see it but I don't think anyone wants to comment more about it. 'It was so bad that neighbours took a video of it at the time.' Another neighbour added: 'I know about the double chimney but we personally didn't complain about it. 'There is a nursery around here though so maybe it affected some of the people who use that.' Planning convener for Dennistoun Community Council, Brian Johnston, had written a letter of support for the extension, writing that the work had been 'carried out with a sympathetic regard for the original building' and praised the workmanship and design as being of a high quality. While the flues stick out onto a back lane, the council said they were not a 'sufficient distance' from neighbouring houses and stated that a retrospective planning application would also be refused. Simon Bonsall, the reporter appointed to the case by the Scottish Government, concluded that planning permission was required for both structures and that this had been breached by bypassing the process. Listed building consent was also refused for the sunroom as he ruled: 'While the effect of the orangery on the setting would not be harmful, I consider that the orangery through it's design, location and materials would not be in keeping with the character of the listed building.' A Glasgow City Council spokesman said: 'It should be noted that it was the Scottish Government - not Glasgow City Council - which dismissed the appeal on the grounds that the structure does not benefit from either planning permission or listed building consent and that the wood burning stoves were causing disamenity to the surrounding homes. 'It should also be understood that unauthorised alteration of a listed building is a criminal, not civic, offence and therefore carry a higher magnitude of scrutiny. 'The claim that we had withdrawn a notice and that there had been an attempt to submit a planning application is not true, indeed it was admitted that the resident left their application in the drafts section of the online planning process and did not submit it.' If Mr Caughey wishes to challenge the appeal decision, he would have to take the case to Scotland's highest court, the Court of Session.
Glasgow Times
2 days ago
- Glasgow Times
Glasgow set to expand on-street cycle storage scheme
The new spaces will be created this year through the installation of 120 additional units, each holding up to six bicycles. On-street cycle storage is in high demand, with 97% of existing spaces currently occupied and nearly 3000 people registered for a spot. Glasgow City Council plans to install 120 units per year for the first three years of the contract, with the remainder to follow in the final two years. So far this year, 30 new units have already been installed, with a similar amount expected over the summer. Read more: Rangers Charity Foundation football team heading to international tournament Councillor Angus Millar, city convener for transport, said: "Our on-street cycle storage programme is hugely popular and there is continuing, strong demand for more spaces across the city. "Our planned expansion, which will see the installation of up to 3000 additional safe, secure storage spaces over the next five years, will help meet that demand and remove an obstacle that we know stops people from regularly using their bike. "Living in a flat can deter people from cycling because they are concerned that they have nowhere to store their bike at home, or it's simply unsafe to leave it in the stairwell. "We want to make cycling more accessible for everyday journeys for people living in a flat, and access to safe, secure storage at street level close to people's homes will help to do just that. "I am delighted that more and more people will soon be able to benefit from this expansion in the coming years." (Image: Supplied) Cycle storage units are delivered by Cyclehoop under a five-year contract worth up to £2.5 million. The scheme began as a pilot in 2021 and has since grown to include more than 235 units citywide. Each space costs £84 per year – or £7 per month – which covers the cost of management and maintenance by Cyclehoop. Cycle storage units are located based on several criteria, including public requests, demand levels, the Scottish Index of Multiple Deprivation, building type, and proximity to existing or planned cycle routes. The project is part of Glasgow's broader effort to encourage cycling as a practical mode of transport, particularly for those who may not have the option to store bicycles indoors. Read more: Play day to take place in Glasgow as health board encourages kids to stay active Many residents in older tenement buildings face barriers to cycling due to the lack of secure indoor space, with fire safety regulations often preventing bike storage in stairwells and concerns about theft from communal areas. The council believes that by providing secure, conveniently located storage, more people will feel confident using their bikes for daily journeys. Short-term, pay-as-you-go cycle storage is also available in Glasgow city centre. Full details about proposed locations and the selection process are available on Glasgow City Council's Secure On-Street Cycle Storage StoryMap.
