Angus councillors will meet to select the group which must make a ruling for a second time on whether a new crematorium near Dundee is to go-ahead.
It comes after victory in the Court of Session for a local campaigner against the Duntrune proposal.
And the court outcome bars original committee members from playing any part in the decision-making.
On Tuesday, Angus development standards committee will be asked to appoint six councillors for a newly-constituted development management review committee.
Their sole task will be to re-consider farmer Guthrie Batchelor’s appeal against a 2020 council decision to block his planning application.
He wants to create Angus’ second crematorium on sloping land overlooking Dundee.
The scheme was initially rejected by council officials under delegated powers.
Planners said it did not comply with local, regional and national policies.
Lack of public transport and active travel provision were cited as key factors.
But in March 2023, Mr Batchelor’s development management review committee (DMRC) appeal was successful.
It appeared to clear the way for the project to start and the businessman said he hoped the facility would open in 2025.
However, local resident Paul Dixon asked Scotland’s highest civil court to quash the DMRC decision.
And the council did not contest the Court of Session challenge that the planning approval was unlawful.
Mr Dixon described it as a “huge victory” in a planning battle which generated more than 700 local objections.
Where does this leave the Duntrune crematorium plan?
The DMRC is a sub-group of the council’s development standards committee which rules on planning matters.
There are 12 members on the development standards committee and the new DMRC must have six members.
The councillors who made the original decision were Bill Duff, Gavin Nicol, Kenny Braes, Heather Doran and Chris Beattie
So it seems likely the new DMRC will largely be made up of the remaining development standards councillors.
Councillors David Cheape, Brenda Durno, Linda Clark, Iain Gall, Ian McLaren, Lloyd Melville and Tommy Stewart are eligible to fill the six slots.
Tuesday’s meeting will only decide who will sit on the new DMRC. It will then consider the Duntrune appeal in due course.
However, Mr Batchelor remains confident his plan will get the go-ahead again.
Following the court decision 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.
“We have done as much as we can with this hanging over us.
“Hopefully we will get a positive decision and be set to go.”
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