David Ross
DEVELOPERS trying to build a controversial six-turbine wind farm on the
edge of a world-famous landscape claim its refusal undermines the integrity
of Scotland’s planning system.
The owners of the German wpd.group have launched a legal challenge in the
Court of Session against the decision by a Scottish Government planning
reporter to refuse permission for the development by Glen Affric.
Wpd claims “unverified online submissions to the planning portal have
undoubtedly influenced the decision making process”.
The firm had earlier appealed to the Scottish Government following repeated
delays by the Highland Council in considering their application.
But they say they were shocked by the decision in July of the Directorate
for Planning and Environmental Appeals (DPEA) reporter Richard Hickman to
dismiss their appeal.
They claim the decision on their Beinn Mhor development has “severe impacts
on the integrity of the Scottish planning system”.
The turbines would had been almost 400ft to blade tip near the acclaimed
glen, which lies in the middle of the large area of land between Loch Ness
in the east and Loch Duich on the west coast.
The project was opposed by the wild land charity the John Muir Trust, the
Mountaineering Council of Scotland, two local community councils and over
1,000 members of the public.
But Kyla Donaldson, wpd Scotland’s project manager, said their appeal had
been dismissed against the recommendation of all technical consultees
involved in the planning application.
She said that the head of planning at Highland Council had recommended
approval. Scottish Natural Heritage (SNH) had said it could be
“accommodated” as “the likely effects on the appreciation of the special
qualities of the Glen Affric National Scenic Area (NSA) would not be
significant”.
She said SNH had also concluded that it was unlikely to adversely affect
the Glen Affric to Strathconon Special Protection Area (SPA), a designated
site of international importance for golden eagles.
“Mr Hickman, a self-employed reporter at the DPEA, overturned the
professional assessments and recommendation by the Highland Council’s
planning department, the Scottish Government’s environmental agency SNH and
the reports of over a dozen specialists who have worked on the planning
application for almost two years” she said.
“The DPEA is struggling to explain how a reporter who has no professional
qualification as a landscape architect or traffic and transport specialist
can mock the entire Scottish planning system.
“Whether one supports wind energy or not – the DPEA’S Reporter has issued a
purely arbitrary decision which has revealed to members of the public,
local groups with an interest in the project as well as the developer that
the planning system is wide open to bias.”
A Scottish Government spokeswoman said: “The reporter appointed by Scottish
Minsters set out his reasons concerning this case in his decision notice.
As an appeal against the decision has been made to the Court of Session, it
would be inappropriate to comment further.”
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