A 93-year-old Perth resident has initiated a formal process demanding that Perth and Kinross Council purchase a plot of land he owns in the picturesque Kinnoull area, following an astonishing 29-year saga of rejected housing development applications. John Munro, a former planning professional, has seen seven different proposals for his property consistently turned down, prompting his latest and most assertive move.
The dispute centres on the former garden of Witchill House, a B-listed 19th-century residence situated near Kinnoull Terrace, with Dundee Road bordering its southern edge and Kinnoull Primary School located to the east. The plot, spanning 620 square metres, came into Mr. Munro’s possession in 1993, after his mother, who acquired Witchill House in 1957, retained the large garden when she sold the main property in 1973.
Since inheriting the land, Mr. Munro has relentlessly pursued various development schemes, ranging from multiple flats to single dwelling houses. His initial application in 1996 for four flats was refused, setting a precedent. Subsequent submissions in 2000 (four flats), 2007 (flats), 2008 (four to six flats), 2013 (flats), and 2016 (a single house) all met the same fate. For nearly all these attempts, the council’s refusal decisions were upheld upon appeal, indicating a consistent stance by local planning authorities and, often, by Scottish ministers. A Lengthy Planning Battle Culminates
The most recent application, lodged in 2024 for a dwellinghouse, triggered 11 public objections and two letters of support, highlighting ongoing community concerns. Key objections revolved around potential negative impacts on visual amenity within the conservation area, challenges with road access, insufficient parking provisions, concerns regarding existing trees, drainage issues, and the potential for overlooking the adjacent Kinnoull Primary School. The council’s conservation officer also formally objected, citing the proposal’s “potential to detract from the residential and visual amenity of the conservation area.” Consequently, the officers’ report, dated September 4, 2024, recommended refusal, a decision subsequently affirmed by the local review body in January of this year.
Mr. Munro, who has a distinguished career in planning across England, Australia, and Canada, and was once a director of a planning school, expressed his frustration to local media. He noted a pattern where initial council refusals tend to be reinforced by subsequent decisions, regardless of new professional advice or revised plans. He stressed his age and desire to resolve the matter, pointing out that the currently overgrown and unmanaged plot yields no tax income for the council, contrasting it with the potential £4,000 annual income if developed. He also argued that his latest proposal aligned with the council’s 20-minute neighbourhood policy due to its proximity to Perth city centre, and adhered to both local and national planning guidelines. The Road Ahead: Scottish Ministers to Decide
Having exhausted local avenues, Mr. Munro has now served the council with a purchase notice request under The Town and Country Planning (Scotland) Act 1997, Section 88. This legal instrument compels a local authority to acquire land if it has become genuinely incapable of any reasonably beneficial use in its current state due to planning restrictions. Perth and Kinross Council has formally rejected this purchase notice.
This rejection means the contentious matter will now be elevated to Scottish ministers, who will deliver the final verdict. There are three potential outcomes: the ministers could uphold the council’s rejection of the purchase notice, overturn it and grant planning permission for Mr. Munro’s latest proposal, or, crucially, order Perth and Kinross Council to purchase the land from him.
Despite the long odds and the council’s steadfast position, Mr. Munro remains resolute. He indicated that if his appeal to the ministers is unsuccessful, he intends to “try again.” He believes that changes in council personnel and committee compositions over time may eventually lead to a different outcome. He also highlighted that a forced buyout by the council would likely occur at a value significantly below market potential, reinforcing his preference for a development approval. His ultimate goal, he states, is to ensure the land is used productively rather than remaining unowned and unmanaged. This ongoing saga underscores the complex interplay between individual property rights, local planning policies, and community concerns within Perth and Kinross.
The dispute centres on the former garden of Witchill House, a B-listed 19th-century residence situated near Kinnoull Terrace, with Dundee Road bordering its southern edge and Kinnoull Primary School located to the east. The plot, spanning 620 square metres, came into Mr. Munro’s possession in 1993, after his mother, who acquired Witchill House in 1957, retained the large garden when she sold the main property in 1973.
Since inheriting the land, Mr. Munro has relentlessly pursued various development schemes, ranging from multiple flats to single dwelling houses. His initial application in 1996 for four flats was refused, setting a precedent. Subsequent submissions in 2000 (four flats), 2007 (flats), 2008 (four to six flats), 2013 (flats), and 2016 (a single house) all met the same fate. For nearly all these attempts, the council’s refusal decisions were upheld upon appeal, indicating a consistent stance by local planning authorities and, often, by Scottish ministers. A Lengthy Planning Battle Culminates
The most recent application, lodged in 2024 for a dwellinghouse, triggered 11 public objections and two letters of support, highlighting ongoing community concerns. Key objections revolved around potential negative impacts on visual amenity within the conservation area, challenges with road access, insufficient parking provisions, concerns regarding existing trees, drainage issues, and the potential for overlooking the adjacent Kinnoull Primary School. The council’s conservation officer also formally objected, citing the proposal’s “potential to detract from the residential and visual amenity of the conservation area.” Consequently, the officers’ report, dated September 4, 2024, recommended refusal, a decision subsequently affirmed by the local review body in January of this year.
Mr. Munro, who has a distinguished career in planning across England, Australia, and Canada, and was once a director of a planning school, expressed his frustration to local media. He noted a pattern where initial council refusals tend to be reinforced by subsequent decisions, regardless of new professional advice or revised plans. He stressed his age and desire to resolve the matter, pointing out that the currently overgrown and unmanaged plot yields no tax income for the council, contrasting it with the potential £4,000 annual income if developed. He also argued that his latest proposal aligned with the council’s 20-minute neighbourhood policy due to its proximity to Perth city centre, and adhered to both local and national planning guidelines. The Road Ahead: Scottish Ministers to Decide
Having exhausted local avenues, Mr. Munro has now served the council with a purchase notice request under The Town and Country Planning (Scotland) Act 1997, Section 88. This legal instrument compels a local authority to acquire land if it has become genuinely incapable of any reasonably beneficial use in its current state due to planning restrictions. Perth and Kinross Council has formally rejected this purchase notice.
This rejection means the contentious matter will now be elevated to Scottish ministers, who will deliver the final verdict. There are three potential outcomes: the ministers could uphold the council’s rejection of the purchase notice, overturn it and grant planning permission for Mr. Munro’s latest proposal, or, crucially, order Perth and Kinross Council to purchase the land from him.
Despite the long odds and the council’s steadfast position, Mr. Munro remains resolute. He indicated that if his appeal to the ministers is unsuccessful, he intends to “try again.” He believes that changes in council personnel and committee compositions over time may eventually lead to a different outcome. He also highlighted that a forced buyout by the council would likely occur at a value significantly below market potential, reinforcing his preference for a development approval. His ultimate goal, he states, is to ensure the land is used productively rather than remaining unowned and unmanaged. This ongoing saga underscores the complex interplay between individual property rights, local planning policies, and community concerns within Perth and Kinross.