An Arbroath businessman says he’ll take a planning fight to the Scottish Government after losing his appeal against refusal of an Airbnb bid for one of the town’s best-known pubs.
The Smugglers Tavern overlooking the town marina once boasted Europe’s biggest selection of rums.
It was a popular haunt with locals and visitors before shutting its doors.
But Nevada Mitchell’s plan to convert the empty building into two flats was rejected by Angus planning officials in March.
TheY refused the application under delegated powers after objections from environment agency Sepa and the council’s own roads department.
The 51-year-old restaurateur has now seen his appeal against the ruling also rejected.
It was thrown out by Angus development management review committee councillors on Monday.
But it led to one councillor asking if the council’s recently completed £12m flood defences are up to the job.
Mr Mitchell says he’ll challenge the ruling.
“It leaves another building closed – a rotten tooth in the harbour that they have spent millions trying to improve,” he said.
Why did the appeal committee reject the Smugglers plan?
The Arbroath protection scheme has been created to protect local homes from a one-in-200-year flood event.
It was designed to cover around 500 properties and avoid £800,000 a year in flood damage from the Brothock Water.
The burn runs past the side of the Smugglers building.
But councillors heard the climate change allowance built into the flood scheme has altered.
It has almost doubled from 20% to 39%.
As a result, the Smugglers plan fails to meet national planning guidelines.
Councillor Gavin Nicol said: “We’ve spent a lot of money on this flood protection scheme and we should be making this area flood proof.
“Is Sepa suggesting with their objection that the new flood scheme is not fit for purpose?”
Committee chairman Bill Duff said: “I’ve a lot of sympathy for the views in support, but we’ve a clear objection from Sepa and the council’s roads department.
“If we were to approve it, Sepa would refer it to Scottish Ministers.
“I do think we’ve a problem here, but I don’t know what the solution is.
“We’ve clearly got national guidance here that we should not be increasing the flood risk.”
Businessman’s frustration
Mr Mitchell previously branded the planning decision “unfathomable”.
“I was quite shocked to listen to what was said in the meeting,” he said.
“They didn’t seem to know much about the building and I’ve recently built up the wall to give me another metre of protection.
“It leaves it closed – they clearly don’t want it to be anything.
“There has never been a day I have gone past Smugglers and driven through water.
“Yet the council themselves moved a whole new school onto the flood plain and last year you couldn’t get into it because it was flooded.”
He added: “I have to take this to the Scottish Government, that’s the only option.”
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