Angus planning officials have been slammed by a local councillor for their “heavy-handed” action in reporting a takeaway owner to the courts over work done to his town centre business.
Bashir Hussain is awaiting a Procurator Fiscal’s decision over whether or not he will be prosecuted for a white fascia put up at his Kohe Noor premises in Brechin’s David Street and the painting of mortar between the stonework on the C-listed building.
The businessman has been at the centre of a long-running dispute with planners, but after Mr Hussain failed to comply with enforcement notices he was reported to the fiscal in late September.
A decision on whether charges will be brought is still to be made, but local councillor Bob Myles has branded the approach excessive.
“I feel the approach we’re taking here is a bit heavy-handed,” he said. “I have had no complaints about the sign or the white mortar and only otherwise positive comments about how it has tidied up the building.
“For me, to continue with this enforcement would be folly,” added Mr Myles.
“We have to help businesses that want to take on the properties in the town centre and this gentleman has taken on this business, employing people and seems to be making a good job of it.”
Forfar councillor Colin Brown added: “I would ask that we take a common sense approach to this.
“This gentleman has spent a lot of money to make attractive shops in both Forfar and Brechin, making a customer-friendly addition to both towns.
“I agree that taking the course of action we are seems to be heavy-handed.”
Arbroath independent David Fairweather commented: “I understand it’s a conservation area and we need to have guidelines, but perhaps we could work with this gentleman and see if we can get this issue tied down.”
The committee heard that there had been a “substantial period of time” from November 2014 when planning officials were working with Mr Hussain to try to achieve a solution, but that had not happened.
Brechin member Jim Houston commented: “I think we have to wait for a response from the fiscal, but what’s important is that we encourage our officers to find a way forward for this.
“I feel that there’s a worthwhile compromise out there.”
