Heriot Community Council successful legal challenge – further information

We recently posted the good news that Heriot Community Council had successfully challenged, through the Court of Session, the Reporter’s decision to grant consent for the Gilston Hill Wind Farm.

We can now confirm that the reporter, who represented the Scottish government, failed to take proper account of the local authority’s reasons for refusal of the project. The Court of Session subsequently ruled the reporter, Trevor Croft, failed to separate landscape impact and visual impact in his assessment of the project.

The matter will now be sent back to the Department of Planning and Environmental Appeals who will assign a different Reporter.