A SCOTTISH council has broken rules on listed buildings and conservation areas by tearing down gravestones in historic cemeteries, it has been claimed.

A memorial to Scots literary ­giant James Hogg was one of the stones pulled down for health and safety reasons by Scottish Borders ­Council (SBC). It is now being ­re-erected free of charge by a local stone ­mason but Ettrick graveyard remains a “site of devastation”, ­according to nearby residents who are fundraising to restore it to its formerly scenic state.

Ettrick graveyard is Category B listed by Historic Environment ­Scotland while Coldingham Priory, where stones were also flattened, is listed Category A.

Outraged villagers have protested that the Priory has not seen such ­devastation since Oliver Cromwell laid siege to the historic building.

READ MORE: ‘Worst damage since Cromwell’ leaves James Hogg's grave devastated

St Andrews Cemetery in Peebles, which is in a conservation area, saw more than 600 stones flattened, with more scheduled to be pulled down.

However a Peebles resident, who wishes to remain anonymous, claims the council has sought neither ­listed building nor conservation area ­consent for the work.

He has now complained to the council’s Planning Enforcement ­department about what he believes is a blatant violation of the rules.

“They will decide if they are ­going to take Scottish Borders Council to court and they could get ordered to reinstate every stone they pulled down,” he said.

“You are talking about £300,000 in Peebles alone, apart from the fact they could get fined and someone could go to jail.”

The complainant sent a Freedom of Information request to the council to establish if permission should be sought for the work before making his complaint.

“The council came back to me and said everything would be on line but it is not so they have not got it,” he said.

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“I live in the same conservation area in Peebles and if I painted my door orange I would get enforced through that but they think they can do what they like in cemeteries.

“It’s caused a hell of a lot of grief ­because they did not attempt to ­contact any individual relatives of the people buried in the graveyards by using Individual Notices. The first we knew was when we saw the stones were down.”

The decision to flatten them came after a 2017 Fatal ­Accident ­Inquiry into the death of eight-year-old Ciaran Williamson, who was killed by a falling gravestone, ruled that Glasgow City Council should have carried out regular checks on the ­stability of memorials.

“The councils are meant to test the stones and put individual notices next to them informing the owners they are felt to be unsafe and giving them time to repair them,” said the complainant. “It is cheaper to ­repair them in situ than it is to socket them, but Scottish Borders Council is refusing to do that.”

Craig Blackie, SBC’s parks and environment manager, said: “I can confirm that we have received a complaint in relation to works being undertaken in cemeteries within a conservation area protected by a statutory listing. An investigation into this complaint is currently taking place.”

“As a local authority we are ultimately responsible for the management and upkeep of burial grounds in the Scottish Borders. This responsibility includes ensuring the safety of those visiting and working in their burial grounds.

“Prior to any testing, the council erects notices at any entrances into a cemetery and contacts relevant local members and community councils in advance of these works taking place.

“As with all of the work we carry out in graveyards, we will ensure the work is undertaken with due respect and only by trained staff.”

Historic Environment Scotland was approached for comment.