A businessman who built his dream home without planning permission has won a dramatic victory to save it – by transforming it into a tourist retreat.
Gareth Wilson’s, 45, luxury five-bedroom mansion in Ayrshire was facing demolition after authorities deemed it unsafe due to its location on a former coal mine.
However, after a legal battle invoking his human rights and a bold change of strategy, Wilson secured planning permission to keep the property standing – albeit with a new purpose.
Self-build mansion was said to be at 'risk of collapse'
Gareth Wilson built his five-bedroom sandstone home on Tennox Farm estate near Kilbirnie, Ayrshire, during the Covid-19 pandemic without securing planning permission from North Ayrshire Council.
Featuring a Spanish slate roof, a spiral staircase and a home spa, the mansion was a grand addition to his estate. However, his retrospective planning application was rejected in 2023 due to concerns about its location on a former coal mine.
The council argued that the house posed a "significant risk of collapse" due to shallow coal workings and transient mine gases beneath the structure. Consequently, Wilson was served with an enforcement notice to demolish the home.
Man claimed decision was against his 'human rights'
Wilson appealed the decision, taking his case to the Scottish Government, claiming the demolition order violated his human rights.
His legal representatives argued that enforcing the notice without extending the compliance period would be "contrary to the human rights" of Wilson and his family under Article 8 of the Human Rights Act 1998, which protects the right to respect for private and family life.
Despite his plea, government reporter Fortune Gumbo ruled that the enforcement action did not infringe on Wilson’s human rights.
Even if an argument were made that it did, Gumbo stated that "on balance, [it] is outweighed by public interest objectives."
A surprising solution
Despite the ruling, Wilson found an alternative way to preserve his home. He successfully applied to convert the property into a tourist destination, complete with six-holiday lodges, additional vehicle access and walking trails.
North Ayrshire Council approved the new plans, stating the proposals would bring "economic benefits to the North Ayrshire economy through sustainable tourism".
The Coal Authority, which initially raised concerns over the site’s safety, did not object to the revised plans but requested further investigations into potential risks posed by former mining activity.
There were no other objections to the proposals meaning the house is allowed to stay as long as all safety checks are approved and it is used for the new purpose as a holiday retreat.
