But yesterday Highland councillors turned down his application on the casting vote of Inverness planning chairman Jimmy Gray because it breached the local plan.

Afterwards, a devastated Mr Martin said he would appeal the decision. "I just think that it may tick all of the policy boxes but the effect is cruel and inhuman," he declared.

"If I lose my appeal, I will be homeless."

"There's something very wrong with the planning system, I have a right to a home."

Mr Martin, who is standing in the Aird and Loch Ness ward, bought the site seven years ago with the aim of living and working on the land in a sustainable way.

He commissioned and built the Inverness area's first "ecological house" Stone End, which attracted widespread attention and was featured on the front cover of a national self-build magazine.

He later sold that property due to personal circumstances and moved to south Loch Ness, before converting an existing building at the West Torbreck site, The Bothy, using an innovative low-energy affordable housing design.

At that time, Mr Martin had been in discussions with the planning department and a housing charity about a scheme to build several eco houses at the same site. Just before Christmas, however, the housing charity pulled out on the grounds that planners would not allow such a scheme on land designated as "green wedge".

Mr Martin, a member of Dores and Essich Community Council, had hoped to get planning permission for his six eco-houses, one of which he would live in and then vacate The Bothy, but was forced to apply for retrospective permission for The Bothy when his plans fell through.

He pointed out that Highland councillors recently controversially approved plans to build 100 houses on green belt land for the sustainable housing exhibition at Balvonie Braes near Milton of Leys.

"All of my neighbours who are objecting have all successfully gained planning consent in the last few years.

It seems to me like it's one law for one and one law for another," he said.

Mr Martin believed that to solve housing problems in an area like the Highlands, there should always be a presumption to develop.

"There have been a number of refusals recently for housing in the countryside, which is pretty obscene when you consider the problem of homelessness. I'm not talking about covering the countryside in concrete, I'm talking about the basic right to a home."

Mr Martin's application attracted objections from nearby neighbours who pointed out that it contravened the council's policy for housing in the countryside and maintained the applicant had never fully worked or managed the land as intended when the original house at Stone End was built. They also argued that the timber-built Bothy was a fire hazard to adjoining barley fields.

In recommending planning permission be refused, Highland Council planning officer Keith Gibson said the proposal would be intrusive and conspicuous on the site which was in open countryside. It could also result in the proliferation of development to the detriment of the area.

"While I am sympathetic to the applicant's situation in terms of the need for a house to accommodate his family, I am aware the applicant did previously erect a property at Stone End on the basis of an operational need," Mr Gibson stated in his report. "That property was sold on and he now wishes to obtain a further consent for a house where evidence of operational need is extremely scant."

* Aldi store refused — Grocery retailer Aldi was refused planning permission yesterday for its planned store in Telford Street, Inverness.

The company had planned to build a food outlet, flats and other shops at the former Europecar site and met with objections from competitors Lidl and the Co-op.

Opposition to the 16,480 sq ft store also came from a neighbouring company.

Mike Nelson, property director of the chain in Scotland, said it was disappointed, particularly as it had consulted widely and received support from the community.

"We worked closely with the planning department to deliver a scheme that would benefit the local area and we were very surprised that the committee refused the application despite the planning officers and the local councillor backing approval."

The store owns the Telford Street site and said it was still committed to bringing its first store to Inverness.

calum.ross@inverness-courier.co.uk

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