Wildland Ltd And The Welbeck Estates Against Scottish Ministers
| Jurisdiction | Scotland |
| Judge | Lord Boyd of Duncansby |
| Neutral Citation | [2017] CSOH 113 |
| Docket Number | P41/17 |
| Date | 30 August 2017 |
| Court | Court of Session |
| Published date | 30 August 2017 |
OUTER HOUSE, COURT OF SESSION
[2017] CSOH 113
P41/17
OPINION OF LORD BOYD OF DUNCANSBY
In the petition
WILDLAND LTD and THE WELBECK ESTATES
Petitioners
against
SCOTTISH MINISTERS
Respondents
Petitioners: Findlay, A Sutherland; Brodies
Respondents: Crawford QC, Barne; Scottish Government Legal Directorate
30 August 2017
[1] As part of its commitment to tackling climate change the Scottish Parliament passed
the Climate Change (Scotland) Act 2009. That Act set out targets for reducing greenhouse
gas emissions to an interim target of 42% by 2020 and an 80% target by 2050. One of the
main ways of achieving these targets is the replacement of carbon emitting energy
generation with renewable sourced energy. The Scottish Government has set a target of
providing 30% of overall energy demand from renewable sources by 2020. A significant
proportion of this will come from both offshore and onshore wind. However the
development of wind power brings its own environmental challenges as turbines can have
significant impacts on natural habitats, birds, landscape and scenic values. The resolution of
2
these conflicts can raise issues of fine judgement and generate significant controversy as the
number of cases involving wind farms in this court can testify.
[2] This petition seeks to reduce a decision of the Scottish Ministers dated 17 October
2016, to grant consent under section 36 of the Electricity Act 1989 and deemed planning
consent under section 57(2) of the Town & Country Planning (Scotland) Act 1997 for the
Creag Riabhach Wind Farm on the Altnaharra Estate in Sutherland.
[3] The development comprises 22 wind turbines with a maximum tip height of
125 metres and a generating capacity in excess of 50MW. The site lies 6.5km southwest of
Altnaharra and runs along the western side of Strath Vagastie. Ben Klibreck is
approximately 4km east of the site and Ben Hee approximately 10km west.
Environmental Designations
[4] With the exception of the Wild Land Area referred to below the site is not subject to
any environmental designations. However, there are a variety of designations within the
immediate and wider surrounding area. Immediately west and south of the site is the
“Cnoc an Alaskie” Site of Special Scientific Interest (SSSI). This forms part of the Caithness
and Sutherland Peatlands – Special Area of Conservation (SAC), Special Protection Areas
(SPA) and Ramsar Site. Ben Klibreck SSSI lies to the immediate east of the River Vagastie.
To the north, north-west and west of the site there are three National Scenic Areas (NSAs)
including Kyle of Tongue, North West Sutherland and Coigach & Assynt. There are two
Special Landscape Areas (SLAs) located to the east including Ben Klibreck and Loch Choire
SLA and Bens Griam and Loch Nan Clar SLA.
[5] At the time the application was submitted and prior to publication of the National
Planning Framework 3 (NPF3) and Scottish Planning Policy 2014 (SPP 2014), both in June
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