Horsepower Cars has won its planning appeal against Highland Council, bringing a major victory for the Culloden Moor family business after months of uncertainty over its future.
The Scottish Government’s Planning and Environmental Appeals Division has determined the appeal concerning the use of land at Reduit House for vehicle storage associated with the company’s vehicle dealing business.
The dispute followed Highland Council’s refusal in February of an application for a Certificate of Lawful Use or Development covering the existing use of the land, with Horsepower Cars subsequently taking the case to the Scottish Government.
The Highland Times reported on the dispute in July after documents released through Freedom of Information raised questions about the council’s handling of the case.
Internal correspondence following a council site visit appeared to describe the business as smaller than expected, low impact and not carrying out vehicle repairs or professional valeting from the site.
Those observations became significant because they sat alongside enforcement action which Horsepower Cars argued threatened the future of a business it says has operated from the site for around 15 years.
The appeal was formally lodged with the Planning and Environmental Appeals Division on 30 April and determined through written submissions.
Horsepower Cars says the evidence submitted during the appeal demonstrated a continuous history of commercial use sufficient to establish the lawful status of the land.
Director Angus MacKillop said:
“Our evidence was unassailable, it was the best, and it won because we had the absolute facts on our side.”
The victory may not, however, mark the end of the dispute between the dealership and Highland Council.
MacKillop says defending the business has cost tens of thousands of pounds in legal and professional fees and confirmed that legal advice is now being sought over recovering those costs.
He said:
“The Highland Council forced us into a corner, making us spend tens of thousands of pounds in legal fees just to save our livelihood from an entirely unjust eviction.
“We will be consulting our lawyers in regards to getting our costs returned.
“Public funds should not be weaponised to try and crush a local business, and they must be held accountable for this unfair treatment.”
Horsepower Cars has also raised concerns about objections to the renewal of MacKillop’s second hand vehicle dealer licence, describing the licensing issue as a continuation of its wider dispute with the authority.
Those allegations remain the position of Horsepower Cars and are separate from the planning appeal determined by the Scottish Government.
The Highland Times first examined the Horsepower Cars case in July as part of wider questions surrounding public confidence in council decision making.
At that stage the appeal remained unresolved and Highland Council said it could not comment while proceedings were continuing.
That position has now fundamentally changed.
The planning appeal has been determined in favour of Horsepower Cars, while questions over the financial consequences of the dispute and the separate licensing issue remain unresolved.
For the family behind the dealership, however, the decision removes the immediate planning uncertainty which has hung over the business for months.
After fighting Highland Council’s decision through the appeals process, Horsepower Cars has won.
