The Court of Session has concluded that there were flaws in the approval process for four Scottish offshore wind projects of nearly 2.3 GW in total, it was revealed today.
These projects are the 448-MW Neart na Gaoithe and 784-MW Inch Cape wind farms, and the Seagreen Alpha and Seagreen Bravo schemes of 525 MW each, all planned for zones in the outer firths of the Forth and Tay.
In order to protect seabird colonies, the Royal Society for the Protection of Birds (RSPB) Scotland in January 2015 challenged in court the Scottish government’s decision to grant development consents to the projects. RSPB said today it is encouraged by the decisions of the Court, which it needs some time to fully consider.
“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,” said the wildlife charity. It noted that it remains resolutely supportive of the development of renewables in Scotland, but at the right locations.
The judicial review brought by RSPB has already brought much uncertainty for the most advanced of the four projects -- the Neart na Gaoithe scheme developed by Mainstream Renewable Power. Under the terms of its Contract for Difference (CfD), it had to reach financial close by March 26. The developer said in January it was in exclusive discussions with InterGen, Siemens Project Ventures, The Marguerite Fund and Infrared Capital to take the wind farm to financial close and into construction. It all depended on the results of the judicial review.
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