An Angus “scrapyard” at the centre of a long-running planning wrangle has won the legal right to be left alone.
Hunters Path at Arbirlot was previously ordered to remove dozens of disused vehicles and industrial plant by Angus Council enforcers.
But owner Murray Clark has been granted a lawful development certificate after planners conceded “on the balance of probability” the site had been used for business purposes for at least 10 years.
The site, formerly a part of Panmure Estate, was bought by Mr Clark in 2001.
Planning and development consultant Jane Fox stated the application for a certificate was made “in order to avoid the stress of any enforcement action taking into consideration the length of time that the council has been threatening enforcement action”.
She added: “Evidence is submitted to substantiate that the existing use has been carried on in the buildings and on the adjacent land, continuously for more than the past 10 years and is therefore immune from enforcement action under the 10-year rule.
“The legal provisions require only that this application demonstrate the lawfulness beyond reasonable doubt, namely that the use has been carried on in the same continuous manner for more than the past 10 years. It is demonstrated that the use (is) lawful and thereby immune from enforcement action and it is requested that the council does not issue an enforcement notice.”
The application was backed by affidavits from the applicant, family members, adjacent farmers and landowners, as well as customers and friends who have visited the site.
Granting the certificate, council case officer Murray Agnew said the area use is sui generis without predominant type but there are many aspects to Mr Clark’s business there.
Arbroath West and Letham councillor David Fairweather said: “If a council officer has decided that it’s a lawful use, I’m happy with that.
“Let’s let the person get on with their business and their life and draw a line under things.”
A tip-off was made that Hunters Path was being used for the storage of scrap in 2012, which was eventually passed to the planning service.