A legal challenge is likely to be launched if Scottish Borders Council
approves a contentious wind farm bid just outside Hawick.
Opposition to the development near historic Hermitage Castle in Liddesdale
shows no sign of abating – despite the scale of the proposal being
radically reduced.
Since November, when renewables giant Infinis submitted an amended
application for nine turbines at Windy Edge, no fewer than 70 new
objections have been lodged with the council. And the local planning
authority has been accused of acting unlawfully in not demanding a new
application because the revised one is so different from the original
proposal – for 17 turbines – first submitted in June 2013.
That charge comes from lawyer Alastair McKie, a leading expert in planning
inquiry advocacy, who is representing two of the most notable objectors to
the development – Buccleuch Estates, whose vast Eskdale and Liddesdale
lands include the castle, and the Hermitage Action Group.
In a letter stressing that both clients object “in the strongest terms”, Mr
McKie claims the council, in allowing the revised application, is in breach
of Scottish planning legislation. And he warns: “I specifically reserve my
clients’ right to challenge any decision made by your council in its
determination of the application.”
Mr McKie says the nine turbines would have an “unacceptable adverse impact”
on the castle and its chapel – both A-listed buildings – and on nearby
residential properties.
In response to more than 200 objections elicited by its original proposal,
Infinis has removed an array of eight turbines closest to the castle on
land at Sundhope. Meanwhile, the local authority rejects Mr McKie’s claim
it has acted unlawfully.
Planning officer John Hiscox said: “We do not consider the variation [in
the Infinis bid] is such that there is a substantial change in the
description of the development. Therefore the authority has acted
appropriately and lawfully.”
Mr Hiscox has also confirmed the Infinis application will not be considered
by the planning committee until June 1 this year.
In a letter to the company, he states: “Logistically, it is very difficult
for staff and committee members to assess more than one wind farm at any
monthly meeting. I am aware this news will be frustrating to you, but
unfortunately, due to the volume of [wind farm] applications, this is the
earliest slot for Windy Edge. I apologise for this delay in processing your
application.”
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