A fresh Court of Session challenge against Angus Council’s approval for a new crematorium on the border with Dundee is being mounted.
It means the authority may have to defend its decision-making in Scotland’s highest civil court for the second time.
And it could further delay farmer Guthrie Batchelor’s hopes of starting work on the Duntrune facility in 2025.
A local objector is seeking a statutory review of Angus planning appeal committee’s August green-light for the project.
It is the latest stage in the four-year controversy surrounding the rural site.
The Courier understands the same local objector is behind the latest Court of Session move.
Court of Session defeat for council in Duntrune case
In March this year, the court ruled a decision by planning review councillors to overturn a previous refusal by officials for the scheme was unlawful.
The authority was ordered to establish a new review committee to re-consider the application.
In August, it gave the Duntrune development the go-ahead for a second time.
Meanwhile, an application for another crematorium on farmland near Carmyllie was rejected by the review committee last month.
Road safety concerns were a key reason behind the refusal.
Duntrune campaigner challenges council decision-making
But the knockback has led to claims of inconsistency in the council’s decision-making.
Ian Robertson, who was at the forefront of the campaign to stop the Duntrune development, believes the council’s reputation has been damaged by the handling of the two crematorium appeals.
He wrote to council chief executive Kathryn Lindsay asking her to refer the applications to the Scottish Government so they could be called in for scrutiny.
In response, Ms Lindsay said that since formal decision notices had been issue in each case, the council had “no locus to reconsider either planning application”.
She advised him: “Should you, or any other party, remain dissatisfied with a decision or decisions taken in relation to either planning proposal, you may consider seeking independent legal advice as to the avenues open to pursue these.”
Mr Robertson said: “In my view, Angus Council is abusing its power by exploiting the fact there is no mechanism in Scotland to ensure planning appeals are determined in a consistent, fair and unbiased way.”
Angus Council was asked for comment on the latest development in the Duntrune case.
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