August 27, 2022

Court upholds Lowther Hills wind farm rejection

BBC News | 26 August 2022 |

The refusal of plans for a 30-turbine wind farm in the Lowther Hills has been upheld at the Court of Session.

Developers argued an error in law had been made in reaching a decision on the fate of the plans near Wanlockhead.

However, judges have now decided that the Scottish government was entitled to reject the scheme.

They concluded that although an error in law may have been made it was not material in the ultimate decision to refuse the project.

A public inquiry was held into the scheme back in 2019 to look at whether it should proceed.

Dumfries and Galloway Council opposed the project despite it being scaled back from 42 to 30 turbines.

The Scottish government agreed that its impact on the landscape would be “unacceptable” and refused the plans in January last year.

North Lowther Energy Initiative Ltd contested that decision and sought to overturn it at the Court of Session.

That bid was rejected by Lord Ericht in October last year and a panel of judges has now confirmed that verdict on appeal.

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