Wull Muir Wind Farm – A Seismic Planning Decision

The appeal judges at Scotland’s highest court have issued a potentially seismic planning decision in which large scale developers are grappling with the potential implications this decision may have on their projects.

Appeal Judges overturned the Scottish Government’s decision to approve the Wull Muir 8 turbine wind farm development in the Scottish Borders – where it was ruled that the Government Reporter deciding the application, made a mistake in failing to conduct the necessary fact-specific evaluation of the proposal. The developers proposed the construction of eight turbines and other infrastructure however, the scheme did not include details of the off-site grid connection required to export electricity to the grid.

Project Impact

There is no doubt that the decision to overturn Wull Muir windfarm will be a concern for many who are promoting large scale renewable developments.   It will also cause concern for those who have recently had large scale renewable developments approved and are still within the Judicial Review Period.

The decision by the appeal judges was made after a considerable amount of effort, time, resources and money has been spent by developers.  Developers and funders behind developers do not like risk and do their best to minimise risk.  These decisions, for the time being, have no doubt added additional risk for large scale developments.   Developers with interests in other countries, may more carefully consider promoting planning applications in Scotland.   Hopefully this is just a blip, things will settle down and confidence returns to the strategic development application determination process.  Time will tell.

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