Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Local campaigner launches Court of Session appeal against Angus crematorium planning decision

Friockheim farmer Guthrie Batchelor had successfully overturned a previous Angus Council refusal for the county's second crematorium on land overlooking Dundee.

Farmer Guthrie Batchelor hoped to open the Duntrune crematorum in 2025. Image: Kim Cessford/DC Thomson/Supplied
Farmer Guthrie Batchelor hoped to open the Duntrune crematorum in 2025. Image: Kim Cessford/DC Thomson/Supplied

A Court of Session bid has been raised by a local objector aiming to halt the building of a new crematorium in Angus.

Paul Dixon has gone to Scotland’s highest civil court to appeal the decision of Angus councillors in March which cleared the way for farmer Guthrie Batchelor’s project at Duntrune, on the border with Dundee.

At that time, the council’s development management review committee overturned a 2021 ruling by officers taken under delegated powers to block the bid.

There were more than 700 objections to the £3 million scheme.

Inner House appeal

Now, nearby resident Mr Dixon has launched the legal challenge in a last-ditch attempt to stop it going ahead.

The case is in its early stages in the Inner House of the Court of Session.

Mr Dixon is represented by solicitor Stephen Forsyth of Dundee firm MML Law.

“In relation to this particular application, there were over 700 objections,” said Mr Forsyth.

“Obviously my client, and many others, were very surprised the initial refusal was overturned.

“There are a number of legal issues which we feel the DMRC failed to fully consider and address.

“It is on that basis my client has utilised his statutory right of appeal,” said Mr Forsyth.

What are the key issues in the civil action?

The appeal is seeking the court to consider a number of important questions around the DMRC decision.

The DMRC is a five-strong sub-committee of the council which considers appeals against delegated decisions taken by council officers.

The appeal questions include:

  • Whether the development would accord with the local development plan
  • The provision of suitable road access
  • The potential uplift in traffic created by the development
  • Whether the DMRC’s conclusions were perverse, unreasonable and irrational
  • If the DMRC acted outwith its powers

Poor public transport links and active travel opportunities were part of the reason for the initial refusal.

Duntrune crematorium campaigners.
Locals mounted a strong campaign against the proposal. Image: Paul Reid

But one review committee member said a common sense approach had to be adopted.

Montrose councillor and DMRC chairman Bill Duff said it would be unlikely any Angus location would meet the active travel test.

The committee supported the creation of what will be the second crematorium in Angus in the hope it will drive down cremation costs and funeral poverty.

However, campaigners also recently called for a rethink after a spate of minor accidents near the site.

Farmer progressing crematorium plan

Mr Batchelor, whose family has farmed in Angus for centuries, says he hopes the crematorium will be open by the end of 2024.

It will hold 120 mourners and include parking for around 125 cars on the sloping site overlooking Dundee.

New Angus crematorium at Duntrune.
How the Duntrune crematorium might look. Image: Supplied

The farmer said he was pressing on with the project.

“This is a legal challenge against the council and so I would not expect to be directly involved,” said Mr Batchelor.

“We have a planning approval in place and are continuing to progress the crematorium project.”

An Angus Council spokesperson said: “We are not aware of having received details of any court proceedings but, if we were to receive such, it would not be appropriate for Angus Council to comment on ongoing legal proceedings.”

Conversation