Second Legal Challenge Against Aberdeenshire Wind Farm Dismissed

A legal challenge by a conservation group aimed at preventing a wind farm in Aberdeenshire from proceeding has been rejected for the second time. This follows the approval of Swedish energy company Vattenfall’s Clashindarroch II project by ministers in June of the previous year. Wildcat Haven contested the Scottish government’s decision through a judicial review. Although a judge initially dismissed the legal challenge, Wildcat Haven subsequently appealed that ruling. Judges at the Court of Session have now also dismissed the resulting appeal. Vattenfall currently operates an existing wind farm within the forest. Wildcat Haven asserted that the proposed 14-turbine development could be “potentially catastrophic” for the local wildcats. The group’s lawyers contended that Scottish ministers did not adhere to the correct legal tests. However, in denying the appeal, the Court of Session judges declared: “We have identified no misinterpretation of planning policy nor any error of law in the decision-making process.” Vattenfall described the decision as “welcome.” In a statement, Wildcat Haven affirmed: “Wildcat Haven maintains its position and belief that this is the wrong development at the wrong site and that if it were to go ahead, it would have potentially catastrophic impacts on the critically endangered Scottish Wildcat population.” The statement continued: “We will be reviewing the judgement in detail and will be continuing our fight to protect the priceless Clashindarroch wildcats and their forest home.”