Appendix 2 - Covering Letters and Improvement Notices
Perth and Kinross Council · 15 June 2026
Back to Licensing Committee — 15 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Mr Lewis Falconer Woodside Property Ltd 73 Dunnikier Road Kirkcaldy KY1 2RL Housing and Communities Strategic Lead – Elaine Ritchie 2 High Street, Perth, PH1 5PH Tel 01738 475000 www.pkc.gov.uk Contact Environmental Health Tel 01738 476476 Email EH@pkc.gov.uk Our ref HMJ/LD Your ref Date 20 March 2025 Dear Sir, Subject: Service of an Improvement Notice. Legislation: The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U Licenced Site: Burnbank Park, Carsie, Blairgowrie, PH10 6QS I am writing to you, Woodside Property Ltd, as the site licence holder of the above residential mobile home park regarding concerns over your unresponsive communication regarding to the operation and residents of this site. Sufficient evidence has been gathered by the Council over a lengthy period from residents of the site regarding your inability to be contacted through the contact details provided. This is also reflected in the Council’s frequent inability to contact you over protracted periods. As a result of this failure, the Council has been regularly contacted by the residents living on your park, often in relation to issues out with the remit of the Council and the site licence, but of great contractual concern to them. An example being the alleged lack of charging for gas and electricity for what is understood to be nearly 18 months. Whilst the above example is not the direct responsibility of the Council, it is creating significant angst amongst residents, many elderly and vulnerable, as they cannot contact you to discuss and resolve any problems. This issue is compounded when considering the many potential emergency scenarios that could also arise where there is no response by the licensee. It is, in any event, a condition of the site licence that the site manager must be contactable 24 hours per day. In view of the above, appended to this letter is a formal Improvement Notice which sets out non-compliance with Condition 20(i) of your Residential Site Licence. This matter requires to be resolved within 21 days of the date of the Notice or, if you appeal, by the day on which the appeal is finally determined or abandoned. Delayed Office Opening for Employee Training This office will be closed from 8.45 am - 11.00 am on the first Thursday of each month.
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There are several ways that future compliance may be attained, and this Service can be approached to discuss further. You may also wish to consult with the residents. Notwithstanding, this Service will have to assess compliance with the Notice. This will be assessed over a significant period of time to ensure sustainability of the contact arrangements put in place. It is a criminal offence to fail to comply with an Improvement Notice and the local authority can contact the Procurator Fiscal who will assess the evidence presented and decide whether to bring a prosecution. It is for a Sheriff to decide if an offence has been committed. If convicted, the licence holder can be fined up to £10,000. Such a conviction may also trigger a ‘Fit and Proper Person’ test, a fundamental requirement for a licensee to be deemed appropriate to operate such a site. Alternatively, the local authority can consider escalation of enforcement in the form of a Penalty Notice to reduce the income that can come from the site via i.e. non-payment of pitch fees or commission on sales of units by residents. Please read the attached Improvement Notice and related information carefully. Should you have any queries in this regard and/or wish to discuss methods of compliance then please contact this service to discuss further. Yours faithfully Kirsty Steven Principal Officer, Environmental Health
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The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U IMPROVEMENT NOTICE Notice Reference Number: ABN/2025/01 1 To: Woodside Property Ltd (Site Licence Holder) At: 73 Dunnikier Road, Kirkcaldy, KY1 2RL (Address of Site Licence Holder) In the opinion of Perth and Kinross Council, a Licensing Authority under the Caravan Sites and Control of Development Act 1960: At the relevant permanent caravan site known as: Name of site: Burnbank Park Address of site…Burnbank Park, Carsie, Blairgowrie, PH10 6QS. Date of licence:1 March 2023. Licence Reference: BP/PKC/2023/01 You have failed or are failing to comply with the following site licence condition. Condition 20 The Licence Holder (i) The site manager must be contactable 24 hours per day and details available as per condition 15 (i)(c) In that You, as site licence holder and site manager have failed to be contactable 24 hours per day via the contact details provided. It is an offence to fail to comply with any condition of the site licence under Section 32T of the Caravan Sites and Control of Development Act 1960 2 You must take the following steps in order to comply with the site licence condition. Ensure, as site licence holder and site manager that you, or an alternative site manager, is contactable 24 hours per day via the displayed contact details. 3 The measure or measures referred to in paragraph 2 of this notice (or measures at least equivalent to those specified) must be taken within 21 days of the date of this Notice, or where you appeal this Notice, by the day on which the appeal is finally determined or abandoned. 4 You have the right to appeal by way of summary application to the sheriff against (a) the issue of this Notice, and/or (b) the terms of this Notice. 5 Failure to take the steps specified in an Improvement Notice is a criminal offence.
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Signed: (Authorised Officer) HEATHER MCNAB-JOOSTE Date: 20 March 2025 Official Address: Environmental Health, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD Tel: 01738 475000 e-mail:EH@PKC.GOV.UK Please read the notes overleaf carefully. If you are not sure of your rights or the implications of this notice, you may want to seek legal advice.
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NOTES 1. In the opinion of the local authority you are not complying with a condition of the site licence issued under Part 1A of the Caravan Sites and Control of Development Act 1960 (as amended). To put matters right you must undertake the steps described and it must be finished by the date stated. 2. You are responsible for ensuring that the step/work is carried out within the period specified in the Notice. 3. If you fail to carry out the step/work required by this Notice by the time the Notice expires, you are committing an offence and may be liable on summary conviction to a fine up to £10,000. 4. If you think that there is another equally effective way of complying with what is required by this notice you may carry out a step/work that will achieve the same effect. However, you must first agree this with the officer issuing the Notice before the expiry of the date for compliance. 5. The local authority may extend the period for compliance with the Notice, suspend the Notice or revoke it. 6. The local authority may recover from the licence holder or, as the case may be, the occupier of the relevant permanent site— (a) costs incurred by the authority in deciding whether to serve the notice, (b) costs incurred by the authority in preparing and serving the notice, and (c) interest on those costs, at such a reasonable rate as the authority may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid. 7. The local authority may undertake the requirements of the Notice in default and recover the expense of doing so. YOUR RIGHT OF APPEAL 8. In accordance with section 32U(3) of the Caravan Sites and Control of Development Act 1960, you can appeal to the Sheriff if you disagree with the issue and/or the terms of this Notice. An appeal may be lodged with Perth Sheriff Court, County Building, Tay Street, Perth, PH2 8NL. You must appeal within 21 days of the date of the notice. You may wish to seek independent legal advice in connection with any appeal. 9. If you decide to appeal, the time set out in the notice for compliance is suspended and you do not have to carry out the steps/work described until the appeal is heard or abandoned. When the appeal is heard, the Sheriff may confirm, cancel or vary the notice. WARNING FAILURE TO COMPLY WITH THIS NOTICE IS AN OFFENCE
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The Owner/Occupier Woodside Property Ltd 73 Dunnkier Road Kirkcaldy KY1 2RL Housing and Communities Strategic Lead – Elaine Ritchie 2 High Street, Perth, PH1 5PH Tel 01738 475000 www.pkc.gov.uk Contact Heather McNab-Jooste Tel 01738 476476 Email Hsmcnabjooste@pkc.gov.uk Our ref HM/SB Your ref Date 16 June 2025 Dear Sir/Madam Service of Improvement Notice The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U Burnbank Park, Carsie, Blairgowrie, PH10 6QS I am writing to you, Woodside Property Ltd, as the site licence holder of the above residential mobile home park. As you are aware an Improvement Notice was served on Woodside Property Ltd dated Thursday 20 March 2025 for failure to comply with Standard Condition 20(i) of the Residential Site Licence for Burnbank Park, in that there has been an ongoing failure to ensure a site manager, or equivalent, was contactable 24 hours per day. That Improvement Notice was not complied with. Given the above, your continued lack of communication with the residents, and extremely sporadic contact with this Service, this has caused unnecessary upset and anxiety for residents at the park along with an extremely disproportionate workload for the Environmental Health (EH) Team trying to manage the situation. During the last telephone discussion with you on Tuesday 18 March 2025 it was agreed that you would assign a manager to the park to deal with the day to day running and be a point of contact for the residents. To date you have not provided this information to PKC and given no explanation as to your plan to improve communications between yourself and the residents moving forward. Although a civil matter not covered by conditions of the licence, there is still the issue of unbilled electricity use at the park which has been ongoing since you took over running the park in March 2023. Residents have still received no response to their enquiries regarding this issue, further highlighting your lack of communication and inability to be contacted. Residents are also concerned their electricity could be cut off. This is a particular concern to those residents with health conditions. Delayed Office Opening for Employee Training This office will be closed from 8.45 am - 11.00 am on the first Thursday of each month.
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In view of the above, appended to this letter you will find a second formal Improvement Notice which sets out the ongoing non-compliance with Condition 20(i) (second Improvement Notice). This matter requires to be resolved within 21 days of the date of the Notice or, if you appeal, by the day on which the appeal is finally determined or abandoned. In addition to the above breach, Woodside Property Ltd is also considered in breach of Condition 12 (iii) - Drainage and Sanitation, in that ‘The foul drainage network has not been inspected and maintained in accordance with the provisions of the current relevant statutory requirements.’ This service received complaints as early as Sunday 13 April 2025 from individual residents and the Residents Association (RA) highlighting an odour from the tank and while you arranged for Scotloo to empty the tank on Tuesday 29 April 2025 it was brought to your attention by PKC and the RA thereafter that the tank required further investigation as it was reported by Scotloo as not functioning correctly. As there was no further action from you the residents contacted the Scottish Environment Protection Agency (SEPA), as the regulatory body for Septic Tank registration/licensing. An officer from SEPA attended the park on Wednesday 14 May 2025 and confirmed a fault with the tank and sewage fungus at the discharge point into the Lunan Burn. This was communicated to Environmental Health (EH) by direct discussion and correspondence from the SEPA officer. A witnessed visit was also conducted by EH officers on Thursday 29 May 2025 which confirmed SEPA’s findings due to odour at the tank system and visible sewage discharge at the outflow pipe into the Lunan Burn. This is a potential breach of Condition 12 (iii) as the foul water drainage system has not been maintained. This Service may also consider an additional Improvement Notice should the septic tank defects remain unresolved. This ongoing lack of communication and lack of management/maintenance on site raises significant concern for residents and Perth and Kinross Council as the licensing authority for a mobile home site with permanent residents. As a result, Officers from the Environmental Health Team continue to assess the poor conduct of Woodside Property Ltd, as licence holder, in failing to comply with the aforementioned legislation. As previously discussed with you, an escalating enforcement system is applied to breaches of the site licence and continued non-compliance will instigate the next tier of enforcement action, which is Penalty Notice. A Penalty Notice reduces the income that can come from the site through payment of pitch fees or commission on sales of units by residents. I must remind you that it is also a criminal offence to fail to comply with an Improvement Notice and the local authority can contact the Procurator Fiscal who will assess the evidence presented and decide whether to bring a prosecution. It is for a Sheriff to decide if an offence has been committed and if convicted, the licence holder can be fined up to £10,000. Such a conviction may also result in a reassessment of the ‘Fit and Proper Person’ test required for those operating such a licenced site. Where PKC’s Licensing Committee no longer deems Woodside Property Ltd compliant with this test then your licence may be removed.
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Please read the attached Improvement Notice and related information carefully and contact this service without further delay to advise on what steps are being taken to seek and maintain compliance. Yours sincerely Heather McNab-Jooste Environmental Health Technician Enc Improvement Notice
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The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U IMPROVEMENT NOTICE Notice Reference Number: IN/2025/02 1 To: Woodside Property Ltd (Site Licence Holder) At: 73 Dunnikier Road, Kirkcaldy, KY1 2RL (Address of Site Licence Holder) In the opinion of Perth and Kinross Council, a Licensing Authority under the Caravan Sites and Control of Development Act 1960: At the relevant permanent caravan site known as: Name of site: Burnbank Park Address of site: Burnbank Park, Carsie, Blairgowrie, PH10 6QS. Date of licence:1 March 2023. Licence Reference: BP/PKC/2023/01 You have failed or are failing to comply with the following site licence condition. Condition 20 The Licence Holder (i) The site manager must be contactable 24 hours per day and details available as per condition 15 (i)(c) In that You, as site licence holder have failed to ensure the site manager is contactable 24 hours per day via the displayed emergency contact details. It is an offence to fail to comply with any condition of the site licence under Section 32T of the Caravan Sites and Control of Development Act 1960 2 You must take the following steps in order to comply with the site licence condition. Ensure the site manager is contactable 24 hours per day via the displayed emergency contact details. 3 The measure or measures referred to in paragraph 2 of this notice (or measures at least equivalent to those specified) must be taken within 21 days of the date of this Notice, or where you appeal this Notice, by the day on which the appeal is finally determined or abandoned. 4 You have the right to appeal by way of summary application to the sheriff against (a) the issue of this Notice, and/or (b) the terms of this Notice.
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5 Failure to take the steps specified in an Improvement Notice is a criminal offence. Signed: (Authorised Officer) HEATHER MCNAB-JOOSTE , Environmental Health Technician Date: 16 June 2025 Official Address: Environmental Health, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD Tel: 01738 475000 e-mail:EH@PKC.GOV.UK Please read the notes overleaf carefully. If you are not sure of your rights or the implications of this notice, you may want to seek legal advice.
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NOTES 1. In the opinion of the local authority, you are not complying with a condition of the site licence issued under Part 1A of the Caravan Sites and Control of Development Act 1960 (as amended). To put matters right you must undertake the steps described and it must be finished by the date stated. 2. You are responsible for ensuring that the step/work is carried out within the period specified in the Notice. 3. If you fail to carry out the step/work required by this Notice by the time the Notice expires, you are committing an offence and may be liable on summary conviction to a fine up to £10,000. 4. If you think that there is another equally effective way of complying with what is required by this notice you may carry out a step/work that will achieve the same effect. However, you must first agree this with the officer issuing the Notice before the expiry of the date for compliance. 5. The local authority may extend the period for compliance with the Notice, suspend the Notice or revoke it. 6. The local authority may recover from the license holder or, as the case may be, the occupier of the relevant permanent site— (a) costs incurred by the authority in deciding whether to serve the notice, (b) costs incurred by the authority in preparing and serving the notice, and (c) interest on those costs, at such a reasonable rate as the authority may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid. 7. The local authority may undertake the requirements of the Notice in default and recover the expense of doing so. YOUR RIGHT OF APPEAL 8. In accordance with section 32U (3) of the Caravan Sites and Control of Development Act 1960, you can appeal to the Sheriff if you disagree with the issue and/or the terms of this Notice. An appeal may be lodged with Perth Sheriff Court, County Building, Tay Street, Perth, PH2 8NL. You must appeal within 21 days of the date of the notice. You may wish to seek independent legal advice in connection with any appeal. 9. If you decide to appeal, the time set out in the notice for compliance is suspended and you do not have to carry out the steps/work described until the appeal is heard or abandoned. When the appeal is heard, the Sheriff may confirm, cancel or vary the notice. WARNING FAILURE TO COMPLY WITH THIS NOTICE IS AN OFFENCE
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Woodside Property Ltd 73 Dunnikier Road Kirkcaldy KY1 2RL Housing and Communities Strategic Lead – Elaine Ritchie 2 High Street, Perth, PH1 5PH Tel 01738 475000 www.pkc.gov.uk Contact Heather McNab-Jooste Tel 01738 476476 Email hsmcnabjooste@pkc.gov.uk Our ref HMcNJ/LM Your ref Date 31 July 2025 Dear Sirs Subject: Service of Improvement Notice. Legislation: The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U Licenced Site: Burnbank Park, Carsie, Blairgowrie, PH10 6QS I am writing to you, Woodside Property Ltd, as the site licence holder of the above residential mobile home park. As you are aware a second Improvement Notice was served on Woodside Property Ltd dated 16 June 2025 for failure to comply with Standard Condition 20(i) of the Residential Site Licence for Burnbank Park, in that there has been an ongoing failure to ensure a site manager, or equivalent, was contactable 24 hours per day. That second Improvement Notice was not complied with. Given the above, your continued lack of communication with the residents, and extremely sporadic contact with this Service, this has caused unnecessary upset and anxiety for residents at the park along with an extremely disproportionate workload for the Environmental Health (EH) Team trying to manage the situation. Although this Service has received some paperwork regarding the possible assigning of a site manager, the paperwork is incomplete and requires the signed and dated section of the application for the next stage of the process to be completed. Electrical billing has still not been addressed and remains a point of ongoing concern and anxiety for residents on the park. While this Service recognises this is a civil matter, it carries weight when considering the overall lack of management at the park. In view of the above, appended to this letter you will find a third formal Improvement Notice which sets out the ongoing non-compliance with Condition 20(i) (second Improvement Notice). This matter requires to be resolved within 21 days of the date of the Notice or, if you appeal, by the day on which the appeal is finally determined or abandoned. Delayed Office Opening for Employee Training This office will be closed from 8.45 am - 11.00 am on the first Thursday of each month.
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Officers from the Environmental Health Team continue to assess the poor conduct of Woodside Property Ltd, as licence holder, in failing to comply with the aforementioned legislation. While some investigation has occurred regarding the issue with the septic system, we understand that the tank still remains to be adequately emptied and serviced as per the recommendations stemming from a recent report submitted to SEPA. In order to comply with Section 12 of the Residential Site License the tank should be regularly emptied and serviced to ensure that there are no repeats of recent events which led to pollution of the Lunnen Burn. As previously discussed with you, an escalating enforcement system is applied to breaches of the site licence and continued non-compliance will instigate the next tier of enforcement action, which is Penalty Notice. A Penalty Notice reduces the income that can come from the site through payment of pitch fees or commission on sales of units by residents. I must remind you that it is also a criminal offence to fail to comply with an Improvement Notice and the local authority can contact the Procurator Fiscal who will assess the evidence presented and decide whether to bring a prosecution. It is for a Sheriff to decide if an offence has been committed and if convicted, the licence holder can be fined up to £10,000. Such a conviction may also result in a reassessment of the ‘Fit and Proper Person’ test required for those operating such a licenced site. Where PKC’s Licensing Committee no longer deems Woodside Property Ltd compliant with this test then your licence may be removed. Please read the attached Improvement Notice and related information carefully and contact this service without further delay to advise on what steps are being taken to seek and maintain compliance. Yours sincerely Heather McNab-Jooste Environmental Health Technician Enc Improvement Notice
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The Caravan Sites and Control of Development Act 1960 (as amended) Section 32U IMPROVEMENT NOTICE Notice Reference Number: IN/2025/03 1 To: Woodside Property Ltd (Site Licence Holder) At: 73 Dunnikier Road, Kirkcaldy, KY1 2RL (Address of Site Licence Holder) In the opinion of Perth and Kinross Council, a Licensing Authority under the Caravan Sites and Control of Development Act 1960: At the relevant permanent caravan site known as: Name of site: Burnbank Park Address of site: Burnbank Park, Carsie, Blairgowrie, PH10 6QS. Date of licence:1 March 2023. Licence Reference: BP/PKC/2023/01 You have failed or are failing to comply with the following site licence condition. Condition 20 The Licence Holder (i) The site manager must be contactable 24 hours per day and details available as per condition 15 (i)(c) In that You, as site licence holder have failed to ensure the site manager is contactable 24 hours per day via the displayed emergency contact details. It is an offence to fail to comply with any condition of the site licence under Section 32T of the Caravan Sites and Control of Development Act 1960 2 You must take the following steps in order to comply with the site licence condition. Ensure the site manager is contactable 24 hours per day via the displayed emergency contact details. 3 The measure or measures referred to in paragraph 2 of this notice (or measures at least equivalent to those specified) must be taken within 21 days of the date of this Notice, or where you appeal this Notice, by the day on which the appeal is finally determined or abandoned. 4 You have the right to appeal by way of summary application to the sheriff against (a) the issue of this Notice, and/or (b) the terms of this Notice.
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5 Failure to take the steps specified in an Improvement Notice is a criminal offence. Signed: (Authorised Officer) HEATHER MCNAB-JOOSTE , Environmental Health Technician Date: 31 July 2025 Official Address: Environmental Health, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD Tel: 01738 475000 e-mail:EH@PKC.GOV.UK Please read the notes overleaf carefully. If you are not sure of your rights or the implications of this notice, you may want to seek legal advice.
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NOTES 1. In the opinion of the local authority, you are not complying with a condition of the site licence issued under Part 1A of the Caravan Sites and Control of Development Act 1960 (as amended). To put matters right you must undertake the steps described and it must be finished by the date stated. 2. You are responsible for ensuring that the step/work is carried out within the period specified in the Notice. 3. If you fail to carry out the step/work required by this Notice by the time the Notice expires, you are committing an offence and may be liable on summary conviction to a fine up to £10,000. 4. If you think that there is another equally effective way of complying with what is required by this notice you may carry out a step/work that will achieve the same effect. However, you must first agree this with the officer issuing the Notice before the expiry of the date for compliance. 5. The local authority may extend the period for compliance with the Notice, suspend the Notice or revoke it. 6. The local authority may recover from the license holder or, as the case may be, the occupier of the relevant permanent site— (a) costs incurred by the authority in deciding whether to serve the notice, (b) costs incurred by the authority in preparing and serving the notice, and (c) interest on those costs, at such a reasonable rate as the authority may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid. 7. The local authority may undertake the requirements of the Notice in default and recover the expense of doing so. YOUR RIGHT OF APPEAL 8. In accordance with section 32U (3) of the Caravan Sites and Control of Development Act 1960, you can appeal to the Sheriff if you disagree with the issue and/or the terms of this Notice. An appeal may be lodged with Perth Sheriff Court, County Building, Tay Street, Perth, PH2 8NL. You must appeal within 21 days of the date of the notice. You may wish to seek independent legal advice in connection with any appeal. 9. If you decide to appeal, the time set out in the notice for compliance is suspended and you do not have to carry out the steps/work described until the appeal is heard or abandoned. When the appeal is heard, the Sheriff may confirm, cancel or vary the notice. WARNING FAILURE TO COMPLY WITH THIS NOTICE IS AN OFFENCE