OWNERS of Union flag in a North Ayrshire seaside town face possible prosecution after failing to ensure its permanent removal following a complaint from a Scottish nationalist MP that it was an "eysore".
The row began earlier this year over the actions taken over the British flag which had been in place 40 feet above a closed sports pub in the Main Street of Largs since the last Independence Referendum in 2014.
Now it has emerged planning officers issued an enforcement notice for its complete removal - which officials say has not been complied with.
They began investigating after a complaint about the flag by the local SNP MP Patricia Gibson in August, last year and deemed the display as harmful to the look of the holiday resort.
Now it has emerged planning officers are now expected to consider legal action to force the removal of the flagpole after enforcement action failed to secure its removal.
The display before the Union flag was taken down
After the row blew up the flag was removed, but now North Ayrshire Council could launch a prosecution to force the removal of the remaining “incongruous” flagpole which does not have planning permission. A North Ayrshire Council spokesperson said: “The enforcement notice has not been complied with.
“A failure to comply with an enforcement notice is an offence and those responsible can be reported to the Procurator Fiscal. At present the council is pursuing the matter with the owners, however if the pole is not removed then the case would be reported to the fiscal for their consideration.”
The action began after North Ayrshire and Arran MP wrote to the council's head of economic growth, Caitriona McAuley (corr) about the "flag at the Sheiling public house".
She said: "I have been contacted by a number of constituents, concerned at the positioning of a flag ... I understand that the flag in question is bolted to the public house's wall outside, and constituents have made me aware that it completely dominates the environs and is very intrusive on this busy public thoroughfare.
"I would appreciate if you could inform me whether North Ayrshire Council could expedite the removal of this huge flag on this very public thoroughfare. Is the flying of such a huge flag in such a location permitted without planning permission?"
Before issuing the enforcement action, owners of the flats nearby were requested to make submit a planning application or alternatively remove the flagpole but it remained, but nobody took responsibility for it.
Karen Yeomans, council's economy and community executive director said it was felt it "harms the visual amenity of the area by way of its high level siting, its prominence in the streetscene, a main route into and out of the Town Centre, and its incongruous appearance on the host building."
It was deemed to be contrary to a local planning policy which states that any development "should have regard to the relationship...to existing buildings and the visual effects... on the surrounding area and landscape". Its external appearance "should have regard to the locality in terms of style, fenestration, materials and colours".
When enforcement action was first considered in March, councillors said the property owner should be given the chance to submit a planning application for the pole first and that no action to force its removal be taken until a further update is provided.
The objections were led by the council's vice chairman of planning Tom Marshall, questioning Mrs Gibson's concerns about the flag.
He said: "The Union Flag is a national flag and anyone is entitled to fly it. It would only be an eyesore to a Scottish nationalist."
MP Patricia Gibson said she raised the matter after constituents "expressed concern that this flagpole and flag was an eyesore" on the Main Street.
"As I do with all constituent concerns, I made representations to the relevant body, in this case North Ayrshire Council," she said.
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