A CLACKS land owner could face court action, should they fail to remove unauthorised materials from their farm site.

Civil servants told elected members last week that there has been "a history of non-compliance" at Brandyhill Wood, where owners sought to alter ground levels by importing, sorting and spreading inert waste and by excavating subsoil materials.

While there has been some progress, the chamber heard officers have been attempted to tackle the problem for a few years.

Indeed, the local authority took steps last year to remedy "the outstanding breach of planning control" and first served an Enforcement Notice on the landowner in 2015.

A document presented to elected members explained: "The service has sought to secure the removal of unauthorised materials and restoration of the land to a satisfactory condition and appearance through dialogue with the landowner and in consultation with SEPA.

"Works have not progressed as quickly as expected or agreed with the landowner and the service has had to respond to a number of enquiries from third parties about the nature of the works being carried out by the landowner and the suitability and rate of progress with restoration of the land."

According to council papers, the owners used soil, sub soil, crushed brick and stone to alter ground levels in order to create grazing land on site and sought to sort the situation through a partly retrospective application.

This, however, was refused by the council's Planning Committee, which received the update last Thursday, March 22.

Council officers revealed the council could refer the matter to the Procurator Fiscal to consider prosecution.

However, it is hoped that could be avoided with the local authority engaging regularly with the owners at Brandyhill Wood.

Their report added: "Over the last two months the landowner has undertaken works to remove unauthorised materials that had been deposited on the site and reinstated land including the grading of the land and spreading of soil material.

"Drainage works and landscaping works have yet to be undertaken but at present, we are satisfied that these actions are likely to secure an acceptable reinstatement of the unauthorised development."