Article

Supreme Court clears the way for 103-turbine Shetland wind farm

The case relates to the Viking Energy wind farm which was approved by ministers in April 2012. ...In October 2013, judge Lady Clark of Calton ruled that the granting of permission was "incompetent", since the plant did not yet have a distribution license from Ofgem.

The Supreme Court has dismissed a last ditch attempt to block plans for a 103-turbine onshore wind farm on Shetland.

The case relates to the Viking Energy wind farm which was approved by ministers in April 2012.

In 2013, community campaign group Sustainable Shetland took that decision to judicial review, citing the scheme’s impact on protected species and landscape.

In October 2013, judge Lady Clark of Calton ruled that the granting of permission for the wind farm was "incompetent", since the plant did not yet have a distribution license from Ofgem.

However, judges Lord Brodie, Lord President and Lord Menzies ruled in the Scottish Court of Session last July that the permission for the Viking wind farm was competent.

Now, the Supreme Court has backed that ruling and declined to refer the case to the European Court of Justice.

The campaigners had argued that the scheme would endanger the local population of the whimbrel, a protected migratory bird. They claimed proposed mitigation measures were untested and may not offset any negative impacts on the bird population.

But in his judgement Lord Carnwath ruled that ministers has been "entitled to regard the limited... more [truncated due to possible copyright]  

The Supreme Court has dismissed a last ditch attempt to block plans for a 103-turbine onshore wind farm on Shetland.

The case relates to the Viking Energy wind farm which was approved by ministers in April 2012.

In 2013, community campaign group Sustainable Shetland took that decision to judicial review, citing the scheme’s impact on protected species and landscape.

In October 2013, judge Lady Clark of Calton ruled that the granting of permission for the wind farm was "incompetent", since the plant did not yet have a distribution license from Ofgem.

However, judges Lord Brodie, Lord President and Lord Menzies ruled in the Scottish Court of Session last July that the permission for the Viking wind farm was competent.

Now, the Supreme Court has backed that ruling and declined to refer the case to the European Court of Justice.

The campaigners had argued that the scheme would endanger the local population of the whimbrel, a protected migratory bird. They claimed proposed mitigation measures were untested and may not offset any negative impacts on the bird population.

But in his judgement Lord Carnwath ruled that ministers has been "entitled to regard the limited anticipated impact on the whimbrel population, combined with the prospect of the Habitat Management Plan achieving some improvement to their conservation status more generally, as a sufficient answer to the objections".

A statement issued by Sustainable Shetland said: "Our opposition to the windfarm – and its dire implications for the Shetland community and environment - remains undiminished. What we do next as far as that is concerned depends to a certain extent on a properly considered reading of the judgement, on what options are available to us outwith legal action, and on the wishes of our members".


Source: http://www.planningresource...

FEB 10 2015
https://www.windaction.org/posts/42146-supreme-court-clears-the-way-for-103-turbine-shetland-wind-farm
back to top