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Court of Session refuses Glenkens wind farm appeal
Credit: BBC News | 18 May 2015 | www.bbc.co.uk ~~
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A developer has lost an appeal against a decision to refuse permission for a controversial wind farm.
Both Dumfries and Galloway Council and a Scottish government reporter rejected the plan to build 11 turbines on land north-east of St John’s Town of Dalry.
However 2020 Renewables lodged a legal challenge at Scotland’s highest civil court to the reporter’s decision.
At the Court of Session, Lord Menzie, Lord Bracadale and Lord Malcolm refused the appeal.
The renewables firm wanted to build Loch Hill wind farm on a 279 hectare site (689 acres) on top of Course Hill and Half Mark Hill.
Council planning officials had recommended approval but it was rejected by councillors due to its “visual and cumulative impact on the surrounding area”.
‘Irrational and incoherent’
After a public local inquiry, a government reporter also turned down the plans, concluding that “visual harm would be disproportionate to the renewable energy generation benefits”.
In their appeal, 2020 Renewables claimed the reporter did not properly apply policy when considering the decision.
But in a written judgement, the judges said: “We reject the criticisms that the decision was irrational, illogical and incoherent – and that any ‘lazy shorthand’ was used.”
They added: “The reporter was fully entitled to conclude that the cumulative impact on visual amenity was sufficient to render the proposal contrary to the development plan, and that, in itself, this justified refusal of planning permission.
“In short, we can detect nothing which would even suggest that the reporter’s decision is susceptible to a successful legal challenge, hence the appeal was refused.”
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| Tag: Victories |
