Angus Council could be forced to serve an enforcement action on itself as it seeks to remove a sign visible to thousands of motorists every day.
Transport Scotland has pressed for the removal of a 30ft sign by the A90 amid fears “rubbernecking” drivers will cause accidents.
Angus Council was prompted to ask KFC, which moved into Forfar last year, to tear down its totem beside the new Orchardbank branch.
Planning officers have recommended councillors rubber-stamp the removal of “Sign B” on Tuesday.
A report by the recently-appointed head of planning and place, Vivien Smith, states: “Approving the application with a condition to delete Sign B from the scheme could require the council to pursue enforcement action to seek its removal.
“Given the road safety concerns and the potential danger to road users, some urgency is likely to be given to this in the event that the applicant does not voluntarily remove it.
“Due to the fact that the sign is erected on land owned by Angus Council, any enforcement notice served would require to be served on Angus Council in addition to the applicant.”
Ms Smith asks development standards councillors to allow retrospective planning permission for a number of advertising signs bar Sign B.
She writes: “The applicant states that the signs were erected to gain as much visibility early on as possible to ensure the success of the business.
“The applicant also states that they have a right to erect a sign in that position and that if this is not permitted then the applicant may approach the council for the breach of the purchase agreement and seek recompense.”
Site operators Herbel Restaurants (Eastern) claim an agreement, thrashed out during the deal for a move to the council’s half-empty business park, guarantees the location for such a sign.
Ms Smith said: “It is noted that the applicant claims that they have a right to locate a totem sign of an undisclosed size or nature in the location of Sign B
“Advertisement consent is a statutory consent which has not been obtained and, as such, there is understood to be no legal right to erect the sign.
“In any case land ownership is not a planning issue.”
Having seen drawings of where the sign already sits, Transport Scotland revised earlier intentions not to intervene in the planning process.
Transport Scotland moved to minimise the distraction to drivers on the trunk road and agents have apologised for what the roads body described as “jumping the gun”.
It pointed at the adjacent McDonald’s sign as being no less of a distraction.