COUNCIL planners have served an enforcement notice on housebuilder Dawn Homes after the company's failure to provide a children's play area within a new development in Fairlie.

Provision of the playpark at the Craig Hill development was a condition of planning approval but the facility is still not in place - almost seven months after the matter was first chased by council bosses. 

Now the local authority is taking legal action against the construction firm in a bid to force action.

Non-compliance with an enforcement notice is an offence, meaning that the housebuilder could next be reported to the procurator fiscal.

In 2018 Dawn Homes was acquired by Elgin based Springfield Properties, however, in the summer of 2021, it was brought to the council’s attention that the playpark that should have been built as part of the estate had not been installed.

The developer claimed last August that they would start installing the children's facilities in November, claiming that long lead times to receive the play equipment had caused the delay.

After nothing was done by the start of December, the council again chased the builder regarding the breach of planning conditions.

Now they have told the News they plan to issue an official Breach of Condition Notice - a move that escalates the requirement for compliance and can lead to a criminal prosecution.

Executive director of North Ayrshire Council's planning committe, Russell McCutcheon, added: "The service of a notice would ensure the requirement of the condition would not lapse due to time passed.

"The council could report those responsible for not complying with a Breach of Condition Notice to the procurator fiscal's office, should its requirements not be met.

"It is considered that the lack of play provision has an adverse impact on the amenity of the area."

Locals have previously complained to the News about the builder's failure to install the playpark, citing it as one of the key reasons they moved into the area.