PROPERTY owners served with notices which saw them threatened with massive legal bills and potential losses running into tens of thousands of pounds have won their appeal against Scotland??s largest council.
PROPERTY owners served with notices which saw them threatened with massive legal bills and potential losses running into tens of thousands of pounds have won their appeal against Scotland??s largest council.
But the move has sparked concerns a precedent has been set which could see flats built specifically for students transformed into mainstream use.
Residents of a city centre development in Glasgow had been told their homes could only be used as student accommodation and were in breach of planning regulations.
Notices served on 21 owners told them their properties on Blackfriars Road near High Street, on the eastern edges of the city centre, had to resort to their original use, leading to fears they would have to be sold on as student properties, leaving the owners facing a major shortfall.
One owner said they had spent thousands of pounds dealing with the problem, while another was treated for stress three times after the issue emerged.
But after a eight-month battle with city planners the owners have been told the case has been dropped.
The council said it had carried out an ??extensive investigation into the alleged breach of planning control?? but had ??quashed the notices??.
In a letter to those affected, the council??s head of planning Forbes Barron said: ??The requirement of the notice was that all flatted properties being used for mainstream residential use should be brought back in to use as student accommodation within 12 months.
??Please note, however, that three appeals against the serving of the enforcement notice were lodged to the Directorate of Planning and Environmental Appeals (DPEA).
"Upon considering the matter, the Reporter assigned to the case allowed the appeal and quashed the council??s enforcement notice.
??Accordingly, I am writing to confirm that the requirements of the Enforcement Notice served on the properties no longer apply.
"Given that the enforcement notice has been quashed, the matter can no longer be resolved through planning enforcement action and this case has now been closed.??
The blocks had originally been commissioned by student property giant Unite before being sold to a property developer, Capital Invest.
This firm in turn sold rafts of flats to individual investors, who leased them as student flats. But with the property market collapse several years ago, many of the properties were repossessed and sold by banks in auction.
Those affected had bought their properties from banks after they had been repossessed, with solicitors and surveyors raising no concerns.
But a complainant to the council had insisted title deeds specified the flats could only be used by students.
None of those who won the appeal wanted to speak publicly about it but there are suggestions developers behind student flats, which are subject to much more relaxed planning constraints, could use the decision as a precedent to transform the properties into mainstream accommodation.
The SNP??s Graeme Hendry, who took on the case of the residents, said: ??The council has put these homeowners through incredible stress so I am delighted for them at this result.
??It was clear from the start their was exceptional circumstances here but I hope the council is checking if their actions in failing to insert planning conditions into title deeds has now created a precedent which could see hundreds of flats built specifically for students turned into mainstream residential units???
Nobody from Glasgow City Council was available for comment.
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