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.
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.
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.”
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