The Court of Session has overturned a Scottish Government decision to approve the development of off-shore windfarms that would threaten rare seabirds
A court has over-ruled Scottish Government approval for off-shore windfarms in the Forth and Tay that conservationists claimed would lead to the death of thousands puffins, gannets and kittiwakes.
The move is a major victory for bird charity RSPB Scotland which launched legal action in January 2015 against the decision to grant permission to build the four large offshore windfarms.
A legal battle was launched as a "last resort", said the charity, after working with the project developers and Scottish ministers for several years to try to reduce the harm to seabirds living on protected wildlife sites such as the Bass Rock and the Isle of May.
The Court of Session has now over-turned the Scottish Government consent for the 335 turbines having been convinced by RSPB Scotland’s argument.
Although RSPB Scotland’s decision to take legal action was the right one it is very regrettable that such significant time and effort was needed to reverse the decisions which put so much of Scotland’s wildlife at risk - Lloyd Austin
Lloyd Austin, head of conservation policy at RSPB Scotland, said: “We are encouraged by the decisions of the court, which has recognised the huge risks from these four offshore windfarms on Scotland’s internationally important areas for seabirds.
“Although RSPB Scotland’s decision to take legal action was the right one it is very regrettable that such significant time and effort was needed to reverse the decisions which put so much of Scotland’s wildlife at risk.
“This case demonstrates the critical importance of clear and effective environmental regulation that is properly implemented, as well as the importance of access to justice for NGOs and citizens to be able to ask the courts to scrutinise public decisions.”
The government’s statutory nature conservation advisors, Scottish Natural Heritage and the Joint Nature Conservation Committee, had also raised significant concerns about the windfarms.
Minister for business, innovation and energy Paul Wheelhouse said the Scottish Government continues to be strongly committed to offshore wind energy but that protecting Scotland’s environment is also of “paramount importance”.
He added: “We are keen to work constructively with both the RSPB and renewable energy developers to ensure the sector has a bright future in Scotland.”
RSPB Scotland has vowed to continue to “robustly resist” projects that threaten Scotland’s best places for wildlife.
However, it also expressed a committed to the development of renewable energy in Scotland. It’s recently launched 2050 Energy Vision plan recommends green ways that Scotland can meet energy needs in 2050 while avoiding major long-term threats to wildlife.
