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ARTICLE · 22 JULY 2016

RSPB Successful In Challenging Large Offshore Windfarm Projects

MacRoberts
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This will depend on the appetite of the developers to expend further money on pursuing applications and on their ability to overcome the criticisms made by the judge.

United KingdomEnergy and Natural Resources
Jamie Grant
Jamie Grant
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The RSPB has successfully challenged the decision of the Scottish Government to grant consent for three major offshore windfarm projects in the outer Firth of Forth, meaning that the development permissions for the Neart na Gaoithe, Seagreen and Inchcape projects have been judicially cancelled.

Why have the permissions been cancelled?

In a 114 page lengthy and closely argued judgement published on 19 July 2016, Lord Stewart of the Court of Session in Edinburgh said that the decisions of the Scottish Government were seriously flawed, both in terms of procedure and substance. The main reasons were:

  • The failure to properly consult RSPB and the statutory natural heritage bodies (Scottish Natural Heritage and the Joint Nature Conservation Committee), particularly in relation to analysis and data obtained by Marine Scotland at the end of the consultation process.

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