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Balintore Castle owner fails in court battle to stop controversial windfarm
Credit: By Richard Watt | The Courier | 21 March 2016 | www.thecourier.co.uk ~~
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The owner of an A-listed Angus castle has failed in his Court of Session bid to stop a controversial windfarm.
Balintore Castle was built in 1860 at the behest of MP David Lyon, to a design by celebrated Scottish architect William Burn.
The baronial-style edifice near Kirriemuir fell into disrepair in the 1960s but is slowly beginning to resemble its former self under the aegis of Dr David Johnston, who has described the castle’s restoration as his life’s work.
Dr Johnston launched an appeal against the Scottish Government’s decision to allow two wind turbines at nearby Carrach Hill, in the belief it will ruin views, including those from a grand viewing platform.
He has tabled a question in law as to whether Government reporter Dan Jackman was negligent in failing to gather evidence with a site visit, which had been undertaken by a previous reporter.
The Carrach development near Kingoldrum was refused by the local authority last year but Mr Jackman overrode this to allow the turbines, albeit with 19 conditions.
Dr Johnston’s attempt has been unsuccessful as judges ruled the reporter’s approach was not “unreasonable” with regard to planning law.
Delivering the opinion of the court, Lady Dorrian stated: “It was a matter for the reporter’s planning judgment whether to make a site visit.
“The question posed in the grounds of appeal is not relevant.
“The reporter carried out an assessment and site visit which complied with the requirement of the Act.
“He did not attempt to visit the property but he nevertheless had regard to all the relevant materials before him in relation to the potential visual impact from the property.
“He took account of the 13 viewpoints considered in the environmental report, which included one adjacent to the castle.
“The decision which he took was open to him on the information available.”
Dr Johnston describes the castle as Burn’s “baronial tour de force” and has received assistance from Angus Council to make the restoration possible.
The castle has been listed in the Buildings at Risk Register for Scotland since the record began in 1990 and was briefly owned by Angus Council before it was sold on to Dr Johnston.
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