A campaigner has claimed a Court of Session victory against Angus Council in the battle to stop a new crematorium near Dundee.
Paul Dixon took the council to Scotland’s highest civil court over the go-ahead for the Duntrune development.
Council officials initially rejected the plans. but this decision was overturned by the development standards committee last year.
Mr Dixon has now seen the council concede the Court of Session case in what he branded a “huge victory”.
It means the crematorium application will now go back before the appeal committee.
And a different group of councillors must consider the application.
But the farmer behind the plan for what would be Angus’ second crematorium remains bullish his project will succeed.
Why did the Duntrune plan reach the Court of Session?
In 2020, Friockheim farmer Guthrie Batchelor lodged an application for the site overlooking Dundee.
The crematorium would hold 120 mourners and be built on two hectares of sloping farmland.
But the proposal was rejected under delegated powers by Angus planning officials in early 2022.
It followed a campaign which saw around 700 local objections.
Officials said the plan breached local, regional and national planning policies.
However, in March 2023 Mr Batchelor’s appeal to the council’s development management review committee (DMRC) was successful.
Mr Dixon, who lives close to the crematorium site, launched the Court of Session challenge last August.
The council, on legal advice, did not contest the matter.
Campaigner’s delight
Mr Dixon said: “Myself and the 700 local residents who objected to this planning application are delighted with the result.
“The fact that Angus Council conceded that their decision was unlawful is a huge victory.
“But I have to say it’s very disappointing that legal action proved necessary before they did so.
“I can only hope the new group of DMRC members give their full and proper consideration to all of the very serious issues raised by myself and other local residents, and by Angus Council’s own roads service when they come to re-consider it.
“I want to thank my solicitor Stephen Forsyth, Edinburgh agents Drummond Miller and advocate Kenneth Young for believing in the case and taking it forward.”
Lawyer Stephen Forsyth of Dundee firm MML Law said: “We are extremely happy with the outcome that the previous decision to grant has been quashed.
“A further positive is that the council’s agents conceded to our request that the application goes back to a differently constituted DMRC.
“Hopefully the newly constituted DMRC will look at all the serious issues involved, including road safety and everything else.”
Farmer’s confidence of success at second appeal
Mr Batchelor remains confident the plan will succeed.
He said: “The councillors did a fantastic job of dealing with the points and policies which had been put up as reasons for refusal.
“Angus Council didn’t do a good enough job on the decision letter.
“The court hasn’t questioned the decision-making. Hopefully the councillors vote it through again because nothing has changed.
“We have our building warrant in and are getting towards the end of that. But we have done as much as we can with this hanging over us.
“I would like the council to push on with a decision on this as soon as possible.
“Hopefully we will get a positive decision and then be set to go with tender documentation.”
Council response
A council spokesperson said: “We can confirm Angus Council conceded the Court of Session appeal for the Duntrune crematorium on limited grounds which relate to the adequacy of the reasons for the decision as articulated in the decision notice.
“The application for the crematorium will be reconsidered by a differently constituted development management review committee and arrangements for this are underway.”
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