Appeal judges throw out plan for wind farm on duke’s estate
PLANS to build a wind farm on an estate owned by one of Scotland’s largest landowners have been scuppered by appeal court judges.
North Lowther Energy Initiative (NLEI) wants to erect 35 turbines on land owned by the Duke of Buccleuch in Sanquhar, Dumfriesshire.
The company also wants to build another wind farm on the Queensberry estate near Crawfordjohn, Lanarkshire.
In January last year, the Scottish Government refused to grant permission for the proposals after one of its reporters suggested the plans be rejected.
The reporter concluded that the proposed site was located close to three local scenic and special landscape areas and would have an ‘impact on the landscape and historic setting of Wanlockhead [village].’
NLEI appealed at the Court of Session on the basis the reporter had failed to follow the correct legal procedures.
Lord Ericht found the reporter had made errors regarding the firm’s legal obligations to comply with planning law, but that this did not make the government’s decision unlawful.
This prompted the firm to lodge an appeal at the Inner House of the Court of Session. But in a judgment published by the court yesterday, Lords Carloway, Malcolm and Woolman upheld their colleague’s decision.
Lord Carloway wrote: ‘The court agrees where there has been an identifiable error on the part of a decision-maker, the court should be slow before deciding not to quash that decision. The question is whether these errors were material to the recommendation or the decision.
‘Had they not been made, was there a real possibility that the recommendation and decision would have been different?
‘The Lord Ordinary held that the error made no difference. The court agrees.’
Some of the world’s purest gold, at 22.8K, was found near Wanlockhead and used in the Regalia of the Scottish Crown.