An Angus farmer was in court after admitting breaching an Angus Council enforcement notice to stop building work on chicken sheds at his farm.
Angus Dowell pled guilty to breaching the planning order at Forfar Sheriff Court last week and now faces a financial penalty.
Dowell runs the contentious 64-000-chicken Cononsyth Farm near Arbroath, where development has been vigorously opposed by a local protest group.
The egg farm racked up scores of objections from neighbours and Dowell was once accused of trying to bribe opponents to his enterprise with potatoes.
Angus Council eventually granted conditional planning permission but Dowell started work before conditions, including relating to nearby roads, were met.
He was served with an enforcement notice but that was not enough to deter the 29-year-old businessman.
He will be sentenced in August.
Farm already profiting
Fiscal depute Sam Craib told the court: “The accused and others applied for planning permission to construct two chicken sheds.
“There were a number of public objections to this – it was just under 200 objections.
“The local authority consulted and decided to approve the planning permission but there were a number of conditions attached.
“These conditions were never fulfilled.
“Construction began. The accused was then served with a temporary stop notice but continued work.
“A number of the conditions were that the accused had to provide information to the planning authority but failed to do so and continued.
“The enforcement notice remains in place.
“It seems like the buildings are operational now.
“I understand there is a business agreement in place in respect of the eggs from the tens of thousands of chickens that are now based in these chicken sheds.
“I understand the accused is one of the directors of the company and is the party that’s responsible for permitting the work to proceed.”
Criminality admitted
Angus Dowell, of West High Street in Forfar, pled guilty to breaching the council enforcement notice.
He admitted that being the owner of land 530m west of North Mains of Cononsyth Farm and having been served an enforcement notice by Angus Council, he failed to comply with the order between June 12 and November 3 last year.
His father John Dowell, 61, and the company itself, Cononsyth Farms Ltd, had not guilty pleas accepted.
Angus Dowell’s solicitor said: “The condition, strictly speaking, was to stop all work associated with the building.
“There is ongoing discussion about rectifying the situation.
“It’s accepted by Mr Dowell he’s in breach of the statutory provisions.
“Planning permission was granted with a conditional approval on February 28 2023.
“I think My Lord is correct to identify the crux of the issue is the use of the public highway.
“These details were submitted in March-time.
“Confirmation was received in June that they had been discharged (approved) by Angus Council.”
He explained the road upgrades required are expected to be completed by April or May this year.
Deferral
The maximum amount Dowell can be fined is £50,000.
Due to his plea at the first opportunity, he will be entitled to a third off whatever headline sentence is imposed.
Sheriff Mungo Bovey deferred sentencing until August 27 for the conditional road work to be completed.
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