Council seeks judicial review on Ditcher Law wind farm approval
Scottish Construction Now|May 11, 2026
A Scottish council is challenging the approval of a wind farm at Ditcher Law, arguing that the Scottish government's decision overlooked the project's impact on the electrical grid and local landscape. Despite the council's objections and concerns about insufficient review time for additional information provided late in the process, the government's energy consents unit approved the eight-turbine project. The council has now sought a judicial review, questioning the decision-making process.
A Scottish council is challenging the approval of a wind farm at Ditcher Law, arguing that the Scottish government's decision overlooked the project's impact on the electrical grid and local landscape. Despite the council's objections and concerns about insufficient review time for additional information provided late in the process, the government's energy consents unit approved the eight-turbine project. The council has now sought a judicial review, questioning the decision-making process.
Scottish Borders Council has lodged an application for a judicial review of the Scottish Energy Consents Unit’s decision to approve the Ditcher Law wind farm planning application.
Scottish Ministers gave approval for the eight-turbine scheme, located north of Oxton, in February this year.
In September 2025, the council’s Planning and Building Standards Committee submitted an objection to the proposed development with the Energy Consents Unit, due to concerns over the significant adverse impacts on residential amenity and the significant adverse impacts on the landscape and the Lammermuir Hills Special Landscape Area.
The council’s petition to the Court of Session for a judicial review was lodged last week, on the grounds that the likely …
... more [truncated due to possible copyright]Scottish Borders Council has lodged an application for a judicial review of the Scottish Energy Consents Unit’s decision to approve the Ditcher Law wind farm planning application.
Scottish Ministers gave approval for the eight-turbine scheme, located north of Oxton, in February this year.
In September 2025, the council’s Planning and Building Standards Committee submitted an objection to the proposed development with the Energy Consents Unit, due to concerns over the significant adverse impacts on residential amenity and the significant adverse impacts on the landscape and the Lammermuir Hills Special Landscape Area.
The council’s petition to the Court of Session for a judicial review was lodged last week, on the grounds that the likely significant impacts of the proposed development’s connection to the electricity grid was not assessed and therefore not considered by the Energy Consents Unit in reaching their decision.
This is in keeping with a decision of the Court of Session from February this year in favour of Raeshaw Farms Ltd, which related to the proposed Wull Muir wind farm development, near Heriot.
David Robertson, chief executive of Scottish Borders Council, said: “The decision to seek a judicial review regarding approval of this development has not been taken lightly.
“Prior to taking this step we have sought specialist legal opinion and have also engaged with relevant Elected Members across the political spectrum. An update will be provided to the Full Council meeting on 21 May.”