FIFE COUNCIL
North East Fife Area Committee
April 30th 2008
Agenda Item No.04(17)
Request to vary S50 legal Agreements relating to Planning Approvals
08-95-0061D & 01-96-0365P: Land at Fife Animal Park, Collessie.
1.0
INTRODUCTION
1.1
A request has been submitted to seek to vary the terms of two S50 Agreements
which formed part of the above historic planning approvals.
1.2
Those original permissions relate to:

08-95-0061D01- Erection of public Visitor Centre. This was approved in 1995 and
initially related to the commercial farming of ostriches on the land. The purpose of
the S50 Legal Agreement was to link the visitor facility to the agricultural unit on
which the ostriches were being farmed.

01-96-0365P – Erection of dwellinghouse and garage. This was approved in 1998
and authorised the construction of a new dwelling to be occupied by a person or
persons solely or mainly employed as a supervisor or manager of the ostrich
visitor centre and the commercial business of farming ostriches on the farm unit.
Since the permissions were granted and the Legal Agreements were concluded the
business unit at the farm has undergone change, both in terms of the nature of the
visitor attraction, the nature of the farming activity and the ownership of the land.
1.3
Other relevant Planning History:


06/03504/EFULL - Construction of new agricultural building and extension of
animal house, formation of new animal handling area: Conditionally Approved –
6th July 2007
07/01212/EFULL - Erection of animal quarantine building, new animal housing
and enclosures: Conditionally Approved – 9th July 2007
1.2
The purpose of this report is to assess the planning issues raised by the changes in
ownership and management of the holding and the nature of the visitor attraction and
to seek Committee authority to vary the terms of the Legal Agreements where
necessary.
2.0
FINANCIAL IMPLICATIONS
2.1
None.
3.0
LEGAL IMPLICATIONS
3.1
None.
4.0
BACKGROUND
4.1
Visitor Centre: Although initially set up as an ostrich farm and ancillary visitor
attraction centred on the ostriches, the business operated by Mr & Mrs Moffatt changed over
time in that farm animals and other more exotic species were also introduced and became
the subject of display. The facility operated as a principle tourist attraction, rather than simply
an ancillary farm activity. In terms of the Visitor Centre, the original requirements of the Legal
Agreement included the following:
“Fifth: The visitor centre to be constructed in accordance with the said application shall be
occupied and administered only by a person or persons solely or mainly employed in the said
business of farming ostriches on the aforementioned surrounding area of farmland.
Sixth: The proposed visitor centre shall not be sold separately from the existing said ostrich
farm without the prior consent of the District Council as Planning Authority.
Seventh : In the event of the owner deciding to sell or otherwise dispose of the heritable
subjects , the Owner shall take bound in like manner any person , limited company , firm or
other to whom the said subjects may be sold or otherwise disposed of.”
4.2
In June 2007, 10.2 acres of the original 31 acre agricultural holding was sold by the
owners Mr & Mrs Moffatt to Mr John and Mr Peter Lockhart, together with the animal park,
visitor centre and grounds. A new company (Fife Animal Park Ltd) has been established by
Messrs Lockhart and now operates the Visitor attraction. This is an Animal Visitor attraction
which is no longer limited to ostriches alone. More exotic species have been introduced
(parrots, monkeys) and the business now operates solely as an independent tourist
attraction.
4.3
Mr & Mrs Moffatt retained 20.76 acres from which they now separately operate a
business in agriculture including lake fishing and nursery plant production.
4.4
The original land block has effectively been partitioned on a north - south split with
the southern half (owned by Mr & Mrs Moffatt) retaining the agriculturally tied dwelling which
was approved under planning consent 01-96-0365P. Effectively two separate and
independent business units now exist on the original 31 acre holding.
4.5
The changed nature and ownership of the Animal Visitor Park together with the subdivision of the original land block conflicts with the terms of the original S50 agreement, and
in particular the 5th, 6th and 7th elements detailed above. Mr & Mrs Moffatt no longer have a
legal, financial or other interest in the land or business.
4.6
The current use continues to operate as a public tourist facility in this rural area and
as such is consistent with the objectives of rural business and tourism planning policies ( Fife
Structure Plan 2002: Policies E4 , E6 , Cupar & Howe of Fife Local Plan: Policies COU1, St
Andrews & East Fife Finalised Local Plan: Policies E15 & B8 ). The facility is well served by
public transport and the site itself benefits from effective vehicular access, visibility and
vehicle parking.
4.7
The applicants seek to vary the terms of the Legal Agreement to enable the facility to
operate on the reduced land block (10.2acres) independent of the former agricultural
business, and in a manner unrelated to ostrich farming. The amendment to the legal
agreement would recognise that 2 separate planning units now exist , one centred on the
animal visitor attraction and one centred on the farm of Mr & Mrs Moffatt.
4.8
Dwelling House: The planning application for the dwelling was authorised following an
agricultural justification being demonstrated. The needs of animal welfare and security issues
enabled a consent to be issued with the permission being restricted in the following way
through the terms of the accompanying Legal Agreement:
“Fourth: The dwelling and garage to be constructed in accordance with the said Application
shall be occupied only by a person or persons solely or mainly employed as a supervisor or
manager of the ostrich visitor centre and the commercial business of the farming of ostriches
on the land edged in red on the said plan , or a dependant or spouse of such a person
residing with him or her;
Fifth: The proposed dwelling and garage shall not be sold separately from the existing ostrich
visitor centre or farming business without the prior written consent of the Council as Planning
Authority;
Seventh: In the event of the owner deciding to sell or otherwise dispose of the heritable
subjects, the Owner shall take bound in like manner any person , limited company, firm or
other to whom the said subjects may be sold or otherwise disposed of.”
4.9
The dwellinghouse has been built and remains occupied by Mr & Mrs Moffatt, the
original applicants and signatory of the Legal Agreement. As they remain principally
employed in the business of agriculture their continued occupation of the dwelling remains
lawful.
4.10 As that agricultural business no longer involves the farming of ostriches there is conflict
with the terms of the S50 Legal Agreement.
5.0
CONCLUSION
5.1
The intentions of the original legal agreements were to maintain a viable agricultural
holding and link the ancillary visitor facility and the dwelling to the land block as an integral
part of that business
5.2
The changes to the ownership of the land, has realised two separate planning units.
The supporting information contends that both units operate in a viable way.
5.3
The loss of the dwelling to the animal visitor attraction may give rise to a future
proposal for a new dwelling at the site; however such a proposal would have to be separately
assessed, at a future date, through submission of a new planning application, to determine
whether a financial and functional justification for a new dwelling can be demonstrated. Any
future planning application would be dealt with on its own merits.
5.4
The agriculturally tied dwelling would remain linked to a 21 acre agricultural unit
where a number of agricultural and rural enterprises are presently being carried out.
5.5
Two successful independent rural businesses operate from the original land block.
6.0
RECOMMENDATION
6.1
That the S50 Legal agreements be varied in the following way:

Visitor Centre ( Planning Approval 08-95-0061D01 )
6.2
That the facilities of the visitor centre building (restaurant, meeting rooms etc) are tied
as an ancillary facility to the Animal Park public attraction;
6.3
That the land block is reduced to reflect the extent of new ownership (10.22 acres);
6.4
That the visitor centre is not sold separately to the planning unit, unless otherwise
agreed in writing by the Local Planning Authority.

Dwellinghouse ( Planning Approval 01-96-0365P )
6.5
That the dwelling be occupied by those solely or mainly employed in the business of
agriculture or forestry in the locality or employed in any rural enterprise which demonstrates
an essential need for a rural location;
6.6
That the land block is reduced to reflect the extent of new ownership (20.76 acres);
6.7
That the dwelling is not sold separately from the planning unit, unless otherwise
agreed in writing by the Local Planning Authority.
Keith Winter
Head of Development Services
Jim Birrell
Development Manager
(Development and Regeneration)
Fife House
North Street
Glenrothes
Author:
Garry Dimeck, Interim Lead Officer
Date:
March 25th 2008
Refs:
08-95-0061D01 & 01-96-0365P