Legal challenge lodged against Scottish Government's rejection of '£1bn wind farm'
Ministers decided to reject plans for the 60-turbine wind farm earlier this year.
The Scottish Government is facing a legal challenge over its decision to block a £1 billion wind farm development.
CWP Energy wants to build 60 turbines up to 250m (820ft) tall at Scoop Hill, a few miles south east of Moffat in Dumfries and Galloway.
The company has lodged a petition with the Court of Session seeking a judicial review of ministers’ decision to refuse planning consent for the project earlier this year. The Scottish Government concluded the proposed wind farm was "not the right development in the right place."
Moffat and District Community Council is actively opposing the wind farm, saying the development would harm local tourism, cultural heritage and raptors. Concerns have also been raised about the cumulative impact of renewable energy developments across the Upper Annandale valley.
The development, first proposed in 2020, includes a 432MW wind farm and a 200MW battery storage facility. The plans initially included 75 turbines, but the number was reduced over concern about impact on wildlife, including golden eagles, and the region’s dark skies.
CWP Energy claim the development would generate enough electricity to meet the needs of around 450,000 homes and represents one of the largest private investments in Scottish renewable energy.
In court papers, the company argues that the Scottish Government’s decision was “unlawful” and claimed ministers failed to follow a fair decision-making process while also accusing them of making material errors in interpreting planning policy.
The petition also alleges that decision-makers did not provide adequate reasons for rejecting the application and misapplied provisions of Scotland’s National Planning Framework.
The Scottish Government has 21 days to respond to the petition. The Court of Session will then consider whether permission should be granted for the judicial review to proceed.
The case comes as ministers pursue Scotland’s legally binding target of achieving net-zero greenhouse gas emissions by 2045.
Rod Wood, managing director of CWP Energy, said: “The new Scottish administration has an immediate opportunity to unlock £1 billion in investment in Scottish renewable power by urgently enacting the remedies sought in this judicial review application.”
Mr Wood argued that Scotland’s climate ambitions had not been matched by progress in reducing emissions or expanding renewable generation.
“It is regretful that we have had to resort to litigation to resolve this. However, it should be plain to see that Scotland’s potential for renewable energy is central to addressing the current climate crisis,” he added.
A Scottish Government spokesperson said due to legal proceedings, it would be inappropriate to comment further at this stage.
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