A legal appeal could be mounted against plans to build six wind turbines
near St Andrews, it has emerged.
Opponents of the Kenly Farm scheme believe a recent ruling by the Court of
Session may give them a chance to halt the development by St Andrews
University, which has been approved on appeal.
In a judicial review of the Scottish Government’s approval of a windfarm on
Shetland, Lady Clark of Calton said almost all turbines required an
electricity generating licence from the regulator Ofgem before receiving
Ministers have said they will appeal her ruling. But John Goodwin, chairman
of Kenly Landscape Protection Group, said they were looking into the
possibility of seeking a judicial review.
He revealed that the group had urged the Scottish Government’s Planning
Inquiry Reporters Unit to take the licence issue into account before it
approved the 12.3 megawatt turbines.
“The university has no such licence. We wrote to the chief reporter last
week to warn her that any consent would be unsafe on these grounds,” Mr
He added that planning inquiry reporter Alasdair Edwards had attached 40
conditions to the consent for Kenly Farm, whose 328-foot turbines would
power the university’s North Haugh buildings.
“One might expect the reporter to refuse a development which required so
many conditions, or a developer to abandon a site that is so problematic
and potentially expensive,” Mr Goodwin said.
Deborah Pender, who lives near Kenly Farm, said the decision showed “total
disregard and discrimination” of residents of the 97 homes within 2km of
Janice Furness, secretary of Boarhills and Dunino Community Council, said
members were “very disappointed”, but would seek a meeting with the
university to discuss the timetable for the development and its community
benefit, which could be £1.2 million over 25 years.
A university spokesperson said: “Kenly will reduce our carbon emissions by
19,000 tonnes per annum, helping us to achieve our goal of becoming carbon
neutral for energy by 2016. The wind farm will generate an inward
investment of more than £20m and a community benefit of £1.2m over the life
of the project. It will provide local construction and maintenance jobs.
“The university is also developing a low-carbon energy centre at
Guardbridge that will provide heat from locally sourced and sustainable
biomass, solar thermal and ground sources for the North Haugh buildings and
save 12,000 tonnes of carbon. These two projects are visionary and proof
that we understand our responsibilities with respect to climate change and
the sustainable supply and management of energy costs.
“There have been no statutory consultee objections to Kenly. It is our
contention that based on the results of our environmental impact
assessment, Kenly complies with the development plan and is aligned with UK
and Scottish Government policy.”
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