A businessman behind an Arbroath harbour flats project is mounting a challenge over refusal of the pub conversion plan.
In March, Angus Council blocked Nevada Mitchell’s bid to turn the former Smugglers Tavern into two flats.
Mr Mitchell, whose other town businesses include Coast restaurant, wants to convert the ground-floor pub into a flat and add a dormer extension to the existing flat above.
The application was refused by officials under delegated powers.
It came after both the council and Sepa objected to the plan because of flood risk from the Brothock Burn.
But Mr Mitchell branded the decision “laughable”.
The once thriving pub overlooks Arbroath marina but has been closed for more than five years.
It was put up for lease but there has been no interest in the business.
Famed for rum collection
Smugglers – once home to Europe’s largest selection of rums – sits directly beside Arbroath’s newly-completed £12 million flood protection scheme.
It was designed to give 1-in-200-year protection to 500 Arbroath homes.
But Sepa said an additional protection factor must now be built in for climate change.
And the environment agency says the gable end of Smugglers is a de facto flood wall because the new scheme does not feature extra defences there.
Mr Mitchell said: “They are the experts and designed it to give this 1-in-200-year protection – but now they say it isn’t enough.
“All they needed to do was build it up another metre. That would have given us more than enough protection.”
He lodged an appeal with the Scottish Government but its appeal division said it had no remit in the case.
Mr Mitchell was told the matter rests with Angus Council.
“We will be taking this to the council’s development management review committee,” said his planning agent Gianni Giacomini of Building Design Services.
“We think we can build a good case to have this overturned.
“The properties will be generous two and three-bedroom flats.
“This will be a vast improvement of an empty prominent building in the harbour area and regenerate a building that is falling into a state of disrepair.”
The five-councillor sub-committee considers appeals against delegated refusals.
It is expected to consider the Smugglers application in due course.
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