REFUSAL OF THE APPLICATION FOR CONSENT UNDER S36 OF THE ELECTRICITY ACT 1989 AND DEEMED PLANNING PERMISSION UNDER S57(2) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 FOR THE CONSTRUCTION AND OPERATION OF THE FALLAGO RIG WIND FARM EXTENSION, A POWERED ELECTRICITY GENERATING STATION IN THE COUNCIL AREA OF SCOTTISH BORDERS COUNCIL
“although the ‘proposed development’ is supported in principle by national energy and planning policy, and would bring useful benefits in terms of its contribution to renewable energy generation targets and to meeting climate change targets by reducing carbon emission, and through associated economic benefits, its landscape and visual effects arising from the proposed additional turbines would be significantly adverse.”
The only downside was the award of expenses against Scottish Border’s Council for wasting time:
“The council’s objection to the application for additional turbines was that its noise impacts on residents were not proven. I find that those terms were spurious, as they were unsupported by any analysis of the detailed information that had been provided and had been accepted by its officials, and were not based on any reasoned argument, or on fresh research or evidence. This was compounded by the delay in clarifying the position the council would take at the scheduled inquiry session, and then by confirming that it would not participate in the inquiry session, but would still maintain its objection. At the hearing session on conditions, the council did not suggest any amendments to the noise conditions suggested by the applicants.”
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