Council seeking legal review amid claims windfarm will be 'too close to homes'

Scottish Borders Council is seeking a judicial review after the government approved a wind farm despite objections around its location.

Despite the council formally objecting to the plans, the Scottish government’s Energy Consents Unit (ECU) granted planning permission for eight turbines up to 200m (656ft) tall at Ditcher Law, near Oxton, in February.

The objection noted that the area is designated as a Special Landscape Area and would have an adverse impact on local people and the landscape.

The council has lodged a petition with the Court of Session on the basis that the impact of the development’s connection to the electricity grid was not correctly assessed and therefore not considered by the ECU.

‘Specialist legal opinion’

Scottish Ministers received approximately 66 representations regarding the Ditcher Law development, with three responses in favour of the application and 63 responses against.

David Robertson, chief executive of Scottish Borders Council, said the council have asked for a specialist legal opinion.

“The decision to seek a judicial review regarding approval of this development has not been taken lightly”, he said in a statement.

“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 May 21.”

John Williams, former chair of Heriot Community Council, claims the turbines will be too close to several local homes.

“The request for a judicial review is most welcome”, he added. “The approval of Ditcher Law is typical of the flawed decision-making of the ECU, which time and again overrides the democratically elected councillors of Scottish Borders Council.

“This scheme has failed to comply with the legal requirement to set out a suitable and viable grid connection; it has been opposed by the council’s landscape architect, who cited ‘a very significant negative impact’ on the landscape and local residents.

“The turbines are far too close to a number of local properties, and so will cause not just overwhelming visual impacts, but also excessive noise. In their decision notice, ECU totally failed to deal with these terrible impacts on local residents.

“These would normally have been fully discussed if ECU had allowed a full Public Local Inquiry. Their refusal to follow the normal procedures has deprived nearby residents of the clearly set out statutory protections. In addition, it failed to follow the proper process, with the developer submitting crucial information over a year late. The arrogance and anti-democratic methods of the ECU are disgraceful.

“There must be root and branch reform of the ECU and reinstatement of local democracy.”

A Scottish Government spokesperson said: “It would not be appropriate to comment on live legal proceedings.”