Legal challenge over '£1bn investment' wind farm refusal

A legal challenge is being made to the Scottish government's refusal of a wind farm that developers said would have represented a £1bn investment.

CWP Energy wants to build 60 turbines up to 250m (820ft) tall at Scoop Hill, a few miles south east of Moffat.

Following a public inquiry, the Scottish government concluded that it was "not the right development in the right place" and refused consent in February.

A spokesperson for the company confirmed it had submitted a petition to the Court of Session arguing that the decision to reject the development had been unlawful on a "number of grounds".

Plans for the development were submitted in 2020 with 75 turbines but they were scaled back in the face of concerns about the impact on cultural heritage, golden eagles and dark skies.

Despite that, DGC lodged an objection - against the advice of its planning officers - which paved the way for a public inquiry.

The Scottish government finally ruled that while the wind farm would deliver economic and renewable energy benefits, they did not outweigh its "significant and widespread adverse landscape and visual effects".

The refusal was welcomed at the time by MP David Mundell as a "massive relief" for the area.

He said the "sheer scale" of the project would have meant it was visible from Moffat, Beattock, Lockerbie, Lochmaben and many smaller villages.

The company voiced its disappointment at the decision on a project which it said could meet the energy needs of about 450,000 homes.

DGC confirmed it had now been notified of the legal challenge to the verdict.

A spokesperson said: "The council is not the decision-maker in this case.

"The decision being challenged was made by Scottish ministers following the public inquiry process.

"The council was notified as an interested party because it had previously objected to the proposal on landscape and visual impact grounds."

The matter was discussed in private by the council's planning committee.

A Scottish government spokesperson said: "The Scottish government has received notice of the appeal to the Court of Session.

"As this matter is now subject to legal proceedings, it would be inappropriate to comment further at this stage."

Moffat community council objected to the proposal on multiple grounds including its impact on the landscape and tourism.

Secretary Mick Barker said the company had "failed to convince the community it would be a good neighbour".

He added that residents were "very aware" of other proposals for renewable energy developments along the Upper Annandale valley.

"The community council is both concerned and disappointed by this challenge to the exhaustive and detailed planning and legal process this flawed application has already been through," he said.