An Angus farmer is appealing the decision to block his bid for a crematorium in the countryside north of Dundee.
In December, Angus planners issued a delegated refusal for the proposal on land near Murroes.
It followed a 16-month fight by locals against Friockheim family firm FM&G Batchelor’s scheme for the site north of Duntrune House.
Planners rejected it because they said it breached local and national policy.
But farmer Guthrie Batchelor will now see his bid go before councillors in an attempt to overturn the officials’ refusal.
Committee to review decision
The authority’s development management review committee will consider the application.
Opponents who spent thousands fighting the plan say they are “disappointed but not surprised” by the appeal.
Lawyers for applicant Duntrune Ltd say the refusal decision should be overturned because it meets development plan policies.
They believe that gives a legal presumption in favour of consent.
And they argue Angus residents are being prejudiced by a lack of choice since there is only one other county crematorium.
The firm has farmed in Angus for eight generations but says it needs to diversify to remain viable.
It has challenged key reasons for refusal, including location and a lack of accessibility for pedestrians, cyclists and public transport.
They say a new bus stop could be provided, and a private electric vehicle collection service will be offered to mourners.
Weight of opposition
There were more than 750 letters of objection submitted to the council.
But Mr Batchelor says many were in a standard form generated by a “targeted and concerted campaign” of opposition.
And he found one objection in the name of the planning officer dealing with the case, which the staff member confirmed he did not submit.
Another person whose address was on an objection said they had not opposed the plan.
The applicants say that poses questions over the veracity of the objections and whether fraud, or even a criminal offence, has taken place.
The appeal submission also suggests the action group put pressure on Murroes and Wellbank Community Council not to hear a submission from Duntrune on the plan without the campaigners being present.
“This is an ideal site,” said Mr Batchelor.
“We took a lot of time to consider what we could do with this field.
“And I have faith in the review committee giving this application full consideration.”
The objectors’ reaction
“We are disappointed, but not surprised, to learn of the applicant’s decision to lodge an appeal,” said Ian Robertson of the campaign group.
“It is clear that the now appellant has paid no heed to either the contents of the handling report nor to the genuine concerns of local residents.”
“The fact that the appellant is now publicly questioning the integrity of Angus Council, Murroes and Wellbank Community Council and indeed members of the campaign group by alleging that the latter have somehow fraudulently submitted objections to Angus Council reveals, quite frankly, more than a whiff of desperation on his part,” he added.
