Garden centre owner told to dig up sign that took root 53 years ago

A GARDEN centre owner has been told to remove a sign that has stood for more than half a century because it does not have planning permission.

Mike Duncan, owner of Swailend Nurseries near Newmachar, Aberdeenshire, was ordered to remove the 53-year-old sign after a visit from a council planning officer.

The modest wooden sign, which is set on the side of the A947 Aberdeen to Old Meldrum road, has stood in place since 1957, directing gardening enthusiasts to the plant nursery.

Mr Duncan appealed the "ridiculous" decision to the Scottish Government, but lost. Now Aberdeenshire Council has given him eight weeks to take down the sign.

Mr Duncan, who lives on the garden centre site, said: "They are saying it distracts drivers. The council contacted me and a man came round and said I had to remove the sign within seven days. They said it was an advert, but it just gives directions.

"It's been there for 53 years - not the same sign, but it's always been in the same place and had the same wording.

"I thought it was ridiculous so I appealed to the Scottish Government, but they have upheld it."

The decision notice said: "From the description in the notice and my inspection of the site, I find that the sign to which the notice refers comes within the definition of 'advertisement'.

"An advance direction sign such as that in question does not fall within any of these classes, and it therefore requires express consent."

A spokeswoman for Aberdeenshire Council said that Mr Duncan did not have permission to put up the sign, which does not comply with regulations.

She added: "The location of where the sign was placed posed a potential distraction to users of the A947.

"We are pleased that the Scottish Government have agreed with us on this matter."

The nursery, which was founded by his Mr Duncan's father Norman in 1953, grows the majority of its plants, bedding and climbers on site.

Mr Duncan, 63, said the sign was first put up by his brother Harry, 88, in 1957.

He said: "It's a family business. I've been in the business since I was a boy.

"There has always been the same sign in that bit. The funny thing is that I applied for permission for the sign years ago and was told that no-one knew who the patch of land belonged to.

"The council then told me I owned the bit of land since the sign had been there for so many years. The land does not belong to the council."

Mr Duncan, who now runs the garden centre with his niece, Gill Duncan, said his business would suffer as a result of having to remove the sign.

He added: "My business is bound to be affected.

If the sign is not there, how is anyone supposed to know where we are?

"Rural businesses need and the sign will stay there until the eight weeks are up."

Mr Duncan claimed that the sign was not a distraction to drivers and blamed poor road markings for a spate of accidents on that stretch.

He said: "There have been a few accidents on that road, but it's due to speed, not my sign.

"There is nothing to tell drivers to slow down and no road markings to warn them of a narrow bridge."z