Billionaire’s bid to block wind farm is thrown out of court
Ministers gave the go-ahead for the Creag Riabhach wind farm on the Altnaharra estate in Sutherland despite advice from Scottish Natural Heritage (SNH) that it would affect the landscape and ‘visual amenity’.
Anders Povlsen, who owns clothing firm Bestseller and is believed to be the second largest private landowner in Scotland, raised a judicial review at the Court of Session challenging the decision.
His firm, Wildland, claimed that the Government had failed to give proper, intelligible reasons for rejecting the SNH advice.
The heritage body was among a number of objectors to the scheme.
Lord Boyd of Duncansby, who heard the judicial review, said: ‘The petitioners’ (Wildland etc) 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.’
The judge said that 2014 planning policy provided more rigorous protection for wild land than previously in place, but added: ‘It is not, however, an absolute protection against any development.’
He added: ‘It is not for the court to make assessments as to why decisions on individual applications might reach different results.
‘These are planning judgments for ministers on the facts of each case applying the policy in force at the time.’
James Findlay, counsel for Wildland, had argued that his clients were left in doubt as to the reasons why the project gained consent from ministers and in what circumstances consent might be granted in future on wild land.
But Lord Boyd said he could not accept that submission, stating that the reasons for granting permission were set out ‘at length’ in the decision letter.
After the judgment, Wildland said: ‘We are saddened and disappointed at the court’s decision.’
The wind farm is expected to supply the national grid by 2020.