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Community Windpower loses Sneddon judicial review 

Credit:  EXCLUSIVE: Developer fails to overturn stop order at wind farm construction site | 28 April 2020 | renews.biz ~~

Community Windpower has lost a judicial review case seeking to restart construction at the 45MW Sneddon Law wind farm in Scotland.

Lords Brodie, Malcolm and Pentland at the Court of Session have concluded that “none” of the developer’s legal arguments to overturn an earlier East Ayrshire Council stop order were “well-founded” and refused the appeal.

The council served the stop order in August 2017 over water supply to a number of residential properties near the site amid concerns over risk of contamination or disruption.

CWP’s initial attempt to discharge a planning condition relating to this was refused by the council and while a Scottish government reporter overturned this on an initial appeal, he imposed two supplementary conditions “to ensure that satisfactory mitigation measures are in place before the start of the development”.

This led to further dispute, with CWP’s efforts to address these conditions rejected.

After a further appeal to the DPEA a Scottish government reporter concluded the developer’s proposed schemes for ensuring water supply in the event of disturbance were uncertain.

CWP then took judicial review proceedings. Hearings took place at the Court of Session, Scotland’s highest appeal court, early in March.

FIM Sustainable Timber and Energy LP, which leases the site to CWP, was listed as a second appellant in the case which was taken against the Scottish government, with the local authority listed as an interested party.

Source:  EXCLUSIVE: Developer fails to overturn stop order at wind farm construction site | 28 April 2020 | renews.biz

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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