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.