Campaigners are calling on the Scottish Government to strengthen protection
for wild land areas after a legal challenge against a wind farm in the
Highlands failed.
The 22-turbine Creag Riabhach development on the Altnaharra estate, near
Lairg, will have five turbines in an area designated as wild land.
Danish businessman Anders Povlsen, whose Wildland Ltd owns neighbouring
estates, challenged the Scottish ministers’ decision to grant consent for
the wind farm.
His case in the Court of Session claimed ministers failed to give “proper
adequate and intelligible reasons” regarding protection and development
opportunities in areas of wild land.
Judge Lord Boyd ruled against Wildland Ltd, finding there was “no error of
law either in the way in which they (the Scottish ministers) reached their
decision or expressing their reasons for it”.
In a written judgement, he added: “In short, the petitioners’ position
appears to be that no wind farm development whatsoever should be allowed on
designated wild land areas.
“That may be, but that is a political decision and not one for the courts.”
He said the wild land policy is clear it does not provide “absolute
protection against any development”.
The court highlights Highland Council’s assessment that the only “major”
impacts will be from Ben Klibreck and Ben Hee, but campaigners claim the
wind farm will be seen from several peaks.
A spokesman for Wildland said it is “disappointed” by the court’s decision.
He added: “Let there be no doubt – this development is a substantial
incursion into the wildland area between Foinaven, Ben Hee, Arkle, Ben
Hope, Ben Loyal and Ben Klibreck – from whose summits this industrial-scale
development will be highly visible.
“We suspect the same can be said for Suilven, Quinag and Canisp in Assynt
as well.”
He added: “This particular proposal always seemed so substantial in an area
renowned for its scenery, its wildness and nature.
“It is troubling in the extreme that, despite the special qualities of this
and other areas of wild land, the Scottish Government has not afforded them
the protection under law that they so clearly deserve and need.”
Mountaineering Scotland and the John Muir Trust are calling for the
Scottish Government to ban all development in designated wild land areas.
Mountaineering Scotland chief executive officer David Gibson said: “While
we respect the decision of the court, the decision of the minister to
approve this wind farm will render an extraordinary, world-renowned, wild
and open landscape completely ordinary.
“This outcome emphasises why the Scottish Government must change its
present policy. Wild land areas must get the same absolute protection as
national scenic areas and national parks.”
John Muir Trust chief executive Andrew Bachell said the government should
ensure wild land areas have “absolute protection from major wind farm
development”.
Both organisations were among the 210 objections to the wind farm, which
Highland Council and the local Bettyhill, Strathnaver and Altnaharra
Community Council backed.
The government expects the wind farm to bring about £9 million in community
benefit and generate enough power for 36,000 homes.
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