The Scotsman

Public inquiry into wind farm goes ahead after legal objection rejected

- AlisTair munrO

A PUBLIC inquiry into a controvers­ial 34-turbine wind farm in the Highlands has begun after a legal challenge claiming it was unlawful was rejected.

In the first test to a watershed Court of Session ruling, opponents to the Glenmorie project in Ross-shire tried to halt the four-day hearing before it had even started.

The position of anti-windfarm campaigner­s to oppose the legality of the inquiry followed a ruling by Lady Clark of Calton that the Viking Energy wind farm in Shetland was “incompeten­t” as it did not have a genera- tion licence from the electricit­y regulators.

Legal teams from the conservati­on charity John Muir Trust and campaign group Save Our Straths (SOS) argued that, as the Glenmorie Wind Farm proposal also has no licence, the inquiry should be postponed until the outcome of a Scottish Government appeal to Lady Clark’s judgment, to be heard next year. They also claimed it would save over £100,000 in costs, particular­ly if the appeal failed.

Glenmorie Wind Farm LLP has applied for a 34-turbine developmen­t in Glenmorie, near Ardross in Ross-shire.

The public inquiry

was called after Highland Council voted unanimousl­y against the plans, lodging a formal objection to the developmen­t on the grounds it would have a detrimenta­l impact on the landscape.

The Reporter will make a rec- ommendatio­n to Scottish ministers after four days of evidence.

Highland Council had also sought clarificat­ion on the issue from the Scottish Government Reporter in charge, Katrina Rice, although its legal position was the inquiry would be lawful for the time being.

After two hours of legal debate, the Reporter said the hearing should proceed.

John Campbell, QC, representi­ng SOS, had argued that on “a simple view” of Lady Clark’s decision, the Reporter had before her an “incompeten­t applicatio­n”. He pointed out the ruling was a statement from a judge and claimed that it reduced the Shetland applicatio­n to the point where it had effectivel­y never been made.

But James Findlay, counsel for Highland Council, said the authority accepted Lady Clark’s judgment only applied to the Viking Energy applicatio­n, and she had not declared all such applicatio­ns without a generating licence as invalid.

He said the council believed the Glenmorie applicatio­n was lawful at the moment, pending the appeal.

A spokeswoma­n for developers Glenmorie Wind Farm LLP, part of AES Wind Generation, said they were happy with yesterday’s decision.

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 ??  ?? An artist’s impression of how the 34-turbine wind farm developmen­t planned for Glenmorie near Ardross in Ross-shire might look once completed
An artist’s impression of how the 34-turbine wind farm developmen­t planned for Glenmorie near Ardross in Ross-shire might look once completed

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