Appeal judges have overturned a Scottish Government decision giving permission to build a wind farm project which had previously been rejected three times.
The Scottish Borders Council first turned down the Wull Muir scheme near the village of Heriot in the Moorfoot Hills south east of Edinburgh in 2020.
The firm responsible for developing the site, Energiekontor UK Ltd, appealed to the Scottish Government. But the company lost this initial appeal and revised plans were again refused by the local authority in July 2024.
Energiekontor finally found success in January last year after a Scottish Government reporter found that the proposal didn’t breach planning laws.
However, a company that operated a nearby farm, Raeshaw Farms Ltd, disagreed with the decision.
It instructed lawyers to appeal this decision to the Inner House of the Court of Session – Scotland’s highest civil appeal court.
Its legal team argued that the reporter responsible for giving the go-ahead to the scheme didn’t follow correct legal procedures in making their decision.
The court heard how the proposal covered the construction of eight turbines and other infrastructure. However, the scheme did not include details of the off-site grid connection required to export electricity to the grid.
Raeshaw’s lawyers argued that this meant the reporter’s January 2025 decision didn’t consider the environmental effects of the grid connection.
They argued that this meant the development had not been lawfully approved. https://news.stv.tv/scotland/judges-overturn-scottish-governments-approval-of-controversial-wind-farm?utm_medium=Social&utm_source=Facebook&fbclid=IwY2xjawQBoktleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEeoosFrvLuxQrr0UzTZnoi4UOoGw6UawWJJMEDYKVg9d4JV8uf1skMp8t07X4_aem_OWvncfDjOlhyurpsjZ0jcQ#Echobox=1771337321
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