Describing a Scottish Government decision as ‘fundamentally flawed’, the Court of Session in Edinburgh on 19th March overturned its rejection of a planning application for a windfarm at Stacain, near Inveraray.
The application for 14 turbines to generate 28MW was submitted in partnership by renewable energy developers Ridgewind and Wind Prospect. Argyll and Bute Council approved it in December 2007 but in the following March the application was called in by the Scottish Government. The reason given for this was the need to consider issues raised by Scottish Natural Heritage during a Public Inquiry held in Inveraray.
The Scottish Government then overturned the Council Planning Team’s approval and rejected the application.
The rejection was justified under a European precedent known as the Basses Corbiere judgment, related to the protection of wildlife habitats. In this case it was said of the the area proposed for the Stacain windfarm that it might, one day, fall within a Special Protection Area (SPA) for Golden Eagles.
During the Court of Session hearing, the Scottish Government threw in the towel, admitting that it had failed to take new information into account, showing that effects on eagles had been over-estimated.
Consequently, the Court of Session quashed the Government’s decision.
There have been initial responses from both sides of this outcome.
The applicants were glad of the positive signal the decision sends to the industry but angry at the commercially unrealistic length of the planning process involved in the course of this project to date.
They noted that Stacain went into the planning process in 2005 and that, five years later, there is still no outcome.
Yesterday (22nd March) a Scottish Government spokesperson said that it had conceded the case on the basis of new evidence that was not available for the original enquiry.
It is likely that a public inquiry will be reopened but the spokesperson indicated that this could not yet be confirmed. The Government is taking stock.
Five years has gone by already. The Scottish government has rightly – necessarily – pinned its colours to the standard of renewable energy. The Government’s decision-taking in rejecting the application was said to have been ‘fundamentally flawed’.
All of this is damaging for the Government. It raises some uncomfortable questions which we are pursuing through a range of sources and will report on when we can.
Doing anything other than accepting defeat and letting the Stacain project go ahead at once, could achieve nothing other than compound the confidence already shaken, weaken the commitment of the industry and make the Government look like a sore loser.
Source: forargyll.com