A businessman facing eviction as part of Brechin’s multi-million-pound flood prevention scheme is locked in a compensation battle with Angus Council.
Retired engineer Michael Jackson has just days to get out of the East Mill Road buildings he has occupied for 25 years after claiming the authority is “not fit for purpose” having reneged on a deal which would have helped him relocate.
But the council said they had been forced to obtain a court order to enter the premises after a failure to reach a deal and remain in talks to thrash out compensation.
The 72-year-old has been ordered to remove everything from his Scotmeister Engineering base by March 2, at which point the electricity will be cut off and doors locked ahead of work on the land as part of the £16 million project.
Mr Jackson is at odds with the council over their valuation of his site and believes he should receive six figures for the third of an acre rather than the £10,000 offered.
Work is well under way on the flood defence project and Mr Jackson has been in dialogue with the council over his move from the site.
At the beginning of the year he received an email from the authority proposing two options to sort out the matter.
The first suggested the council would work with the businessman to create an inventory of items, put them into storage and then relocate those to a site compound area until March 2016.
A second option proposed financial compensation for the possessions Mr Jackson wanted to keep, with the land to be fenced off by the beginning of February.
Mr Jackson said: “When I went back to the council on the first option they said that was not going to be available.”
In the latest communication from the council, he was informed: “Angus Council requires unrestricted access to your premises and land at East Mill industrial estate from March 2 2015.
After this date, the electrical supply will be terminated to your premises and you will not be able to access the buildings.
“Please remove any possessions from the buildings which you wish to keep by March 2, after this date the contents of the buildings will be removed and the buildings demolished.
“I am aware your claim for compensation is ongoing and would advise you to contact your surveyor to discuss your claim.”
A spokesman for Angus Council said: “Through our discussions with Mr Jackson we presented some options to assist him in vacating the premises.
“No agreement was reached and we were required to obtain a sheriff’s warrant to enter the land to undertake the works with an entry date of March 2.
“During these discussions we have also presented an offer for land acquisition and compensation to Mr Jackson, which are subject to ongoing consideration and are commercially confidential.”
Last November, garage owner Matthew Jack became involved in a similar compensation fight after claiming the authority was only offering around half of what his site on the bank of the River South Esk was worth.
He has now vacated the East Mill Road unit and although the compensation figure remains confidential, it has emerged that a clause was inserted into the deal which prevents the businessman from setting up in the town for 24 months.
The council spokesman added: “Under the agreement reached with Mr Jack, he is not permitted to establish another auto repairs business in Brechin for a period of two years.”
Councillors recently considered a report relating to compensation payments for the flood prevention scheme at a meeting of the authority’s communities committee but the matter was considered in private under council rules protecting against the possible disclosure of exempt information such as commercial transactions.
The Brechin project will deliver protection to around 150 properties along the river, many of which have been hit by flooding including a devastating event at the end of 2012.