News

A Burness team of dispute resolution, planning and property lawyers have acted on behalf of North British Windpower Limited in the judicial review of a decision of the Scottish Ministers granting consent for a wind farm development at Fallago Rig in the Scottish Borders.  The judicial review was raised at the end of 2010 and today the Court of Session decided that the consent should stand.  Importantly, the decision affirms the compatibility of the Scottish Government's Renewables policy and their decision-making capacity in planning matters relating to wind farms.

The application is the first renewable application in Scotland to have a public inquiry re-opened.  The original public inquiry was held in 2008, but was later reopened in 2009 due to the withdrawal of a major objection by the MOD based on radar issues.

Alan McMillan, partner in dispute resolution, said, "We are thrilled to have been able to achieve this great result for North British Windpower.  This is an important decision for NBW and working closely with them and their investors, EDF Energy Renewables, we have achieved a favourable outcome which will help Scotland to seek to achieve its Renewables targets and ultimately benefit energy consumers in Scotland."