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Distillery loses legal fight to stop turbines going up near national park
Credit: The Press and Journal, 14 June 2012 ~~
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A distillery firm has lost a legal bid to halt plans for a 59-turbine windfarm near the Cairngorms national park.
Proposed developers Dorenell Ltd (UK) applied to build the windfarm on the Glenfiddich estate, in Moray, prompting a local public inquiry at Dufftown in 2010.
A reporter concluded that the scheme would make a significant contribution to meeting national renewable energy targets and that the site, 1.2miles (two kilometres) from the northern edge of the national park, benefited from a good wind resource.
Adverse landscape and visual effects would be localised and limited in extent and any impact on key industries of tourism, food and drink and their brand images did not justify rejection. He was satisfied that the integrity of the River Spey special conservation area and the interests of protected otters and bats would not be adversely affected.
The reporter recommended to the Scottish Government that consent should be granted and ministers followed the recommendations.
But William Grant & Sons objected to the proposed windfarm and challenged the decision in a judicial review at the Court of Session in Edinburgh. The spirits producer, whose brands include Glenfiddich malt whisky, argued that the reporter allowed a decision over the need for the windfarm in terms of national energy policy and guidance to override important adverse factors. It sought to have a grant of deemed planning permission set aside.
But Lord Malcolm rejected the grounds of challenge put forward by the firm and dismissed the petition.
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