Angry residents stunned after builder threatens legal action for £74k in ‘lost earnings’ after they objected to planning application for new flats

ANGRY residents were fuming after receiving a letter from a house builder claiming £74,000 for "loss of earnings" because they objected to a planning application.

Plans to build 12 flats near the homes of the residents were rejected when they lodged their objections with the local council.
But the house builder, Raith Developments, has now sent a bill for lost profit to the nine residents in the village of Thornton, Fife.
The letter, signed by Gordon Powell of Raith Developments, claimed that each resident owed compensation to the company for objecting to the plans.
And it threatened that if the residents did not pay £74,100 each within 21 days, legal action would be brought against them.
One angry homeowner, who did not want to be named, said he could not believe the company are threatening his fellow residents in this way.

He said: "I am 74 and I have a neighbour who is 80, and this type of threatening correspondence is beyond belief.
"I contacted my lawyer immediately, who said it was nonsense and would be laughed out of court.
"We were invited to lodge objections against this and we did so because of a noise issue relating to the A92 on our doorstep dating back a number of years.
"We didn't make the decision to refuse the application, but we have been given these letters demanding this huge sum of money.
"It's just beyond belief."

The homeowner took the letter to his local councillor, Ross Vettriano, who said: "Like this resident, I am lost for words.
"I understand that the issue between Raith Developments and those who objected to the planning application is a civil matter and falls to be dealt with by the objectors on that basis, but I think that the council has a locus in that it can advise the householder and the other objectors about their position in terms of the Town and Country Planning legislation."
Councillor Vettriano confirmed that he passed the letter on to Steve Grimmond, Fife Council's chief executive, for his advice.

He added: "It seems to me, irrespective of what it may say in the missives, that members of the public cannot be held accountable for a decision taken by the council - an autonomous corporate body.
"It would be good, therefore, if councils, when clarifying the position in terms of the planning legislation, would comment on that position as well."
A spokesman for Fife Council said he did not want to comment further.
Raith Developments declined to comment on the matter.

The planning application for the 12 proposed flats was rejected by Fife Council on October 3.
Two reasons were given for the refusal of permission by the council.
Issues regarding ventilation in the flats was of concern to the council and was judged to be contrary to their local plan policies.
The written reason for the council's refusal stated: "In the interest of residential amenity, the proposal by virtue of the mechanical ventilation system would not provide an adequate standard of residential amenity given that such systems are only considered acceptable in exceptional circumstances in this instance."
The final reason for the rejection of the application was due to the fact that the proposed flats would have been out of character with the neighbouring properties.
It was deemed that they would have an adverse impact on the appearance of the area.

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