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Angus Council legal chief says major local issues must be shrouded in secrecy to respect ‘the democratic process’

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A wall of silence has been put up over Angus Council’s decisions on two controversial local issues.

The possible sale of council offices at The Cross in Forfar to pub giant JD Wetherspoon and a judicial review challenge the authority is facing over three south Angus planning applications were the subject of closed-doors talks after being at the centre of revelations in The Courier this week.

In the saga over the sale of the Forfar town centre property, it emerged the pub chain could land the 150-year old building for £350,000 £50,000 less than the figure the company offered last year which sparked an open-sale u-turn when the private deal plan became public.

Confidential documents relating to the second issue have revealed the authority is facing a £100,000 gamble over a Court of Session challenge following councillors’ December approval for separate planning developments at the Grange, Monifieth; Strathmartine Hospital and Pitskelly Farm, Carnoustie.

Legal experts have advised the council “on balance” to contest the case, but have warned that if the authority loses they may face a six-figure bill.

In an unprecedented move, both council legal chief Sheona Hunter and authority chief executive Richard Stiff addressed a meeting of the full Angus Council in Forfar following The Courier’s coverage of the ‘green paper’ items which were intended for private discussion under the authority’s rules.

Head of legal and administrative services Mrs Hunter said she had been “extremely disappointed and angered” the reports had “found their way in to the public domain”.

She said the release of any private papers both breached the councillors’ code of conduct and “undermines the democratic process.”

The Courier understands the revelation of the contents of the private reports triggered a major and continuing investigation into the possible source of the leak.

It is also known that concerns remain among elected members about aspects of the handling of both matters.

Arbroath councillor Ewan Smith is understood to have taken no part in the discussion on the Judicial Review matter after being closed down by Angus Provost Helen Oswald at the outset of the full council meeting during an attempt to declare an interest in the item.

He said he felt unable to make an “informed decision” on the item after an earlier request for further legal information to be circulated to all 29 elected members was rejected.

Forfar councillor Colin Brown failed in a bid to have The Cross deal discussion brought into the public domain.

Mr Brown, who previously said offloading the offices would be like “selling the family silver at a knockdown price”, said: “There is now nothing confidential about this report so I think it should be heard in public.” He was defeated 23 votes to four.

Following consideration of the two items behind closed doors, a council spokesman only confirmed that members had taken a decision on both reports.