Wind farm permission to be quashed following court challenge

Plans for a controversial wind farm in the Scottish Borders look set to be blocked, after the local council challenged a Scottish government decision in the courts.

The government's energy consents unit (ECU) granted planning permission for eight turbines up to 200m (656ft) tall at Ditcher Law near Lauder in February.

It overruled the local authority's objection regarding the adverse impact it would have on the local people and the landscape.

Following preliminary hearings, the government is not now contesting the legal challenge and a joint motion for the planning permission to be quashed is now before the Court of Session.

Local councillor David Parker said: "It was important that we took action and we have been successful in ensuring this wind farm has its consent quashed."

The Ditcher Law application for planning permission was submitted in September 2023.

Because of its size, the ECU considered the application with Scottish Borders Council (SBC) acting as a statutory consultee.

But the developer, Ditcher Law Ltd, did not submit relevant information to SBC, including an impact study, until last April - just five weeks ahead of the ECU's deadline.

Although the council advised that, due to a backlog in renewable energy applications it was unable to review the additional information for several months, its request for a deadline extension was rejected.

Members of the council's planning committee voted in September to oppose the development on the grounds that the impact of its connection to the electricity grid through a designated Special Landscape Area had not been assessed.

Earlier this year the ECU ruled that the concern raised by the council was made too late in the application process and permission was granted to Ditcher Law Ltd - triggering the legal challenge at the Court of Session.

Parker added: "It is important to recognize, with so many renewable energy projects that people are concerned about, that if the government does not follow due process the council will stand up for the community's concerns and take action."

As the joint motion has still to be determined by the Court of Session, the Scottish government said "it would not be appropriate to comment".

Developer Ditcher Law Ltd has been approached for comment.