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Wind Power |
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Given the decline of our indigenous energy resources, the need for greater energy security and the necessary fight against climate change, this renewable source of energy has great potential in both its onshore and offshore forms. The fact that wind power creates no pollutants or emissions makes it one of the cleanest and safest of all the commercial methods of generating electricity. Furthermore, Scotland has arguably the most plentiful renewable energy resources in the whole of Europe. |
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Where wind resources are adequate and a grid connection is available the biggest hurdle to these developments is in obtaining planning permission or the consent of the Scottish Ministers. All windfarms must obtain approval from the Scottish Ministers or obtain planning permission from the relevant Local Authority. There are also requirements to notify and engage with statutory consultees, such as Scottish Natural Heritage and the local and wider community. |
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The Scottish Ministers (or local authority) have a duty to balance the competing factors for and against such development before deciding whether to grant planning permission. Factors in favour usually include the environmental benefits of producing electricity from non-fossil fuels. Those against include the visual and landscape impacts of the windfarm. Environmentally sensitive sites or the presence of protected species or habitats will present particular difficulties to a windfarm developer.
Given the sometimes controversial nature of windfarms it can be difficult for local authorities to look beyond the concerns of local residents to the wider environmental benefits provided by renewable energy. Policy guidance from the Scottish Ministers strongly underpins their support for sensitively located windfarms. As a result there has been a surge in the number of windfarm applications in the last few years.
Commercial windfarm projects require a range of legal expertise covering Property, Planning and Environmental, Corporate, Financing and Tax matters. Our recent work on complex and high profile proposals has left us well positioned to advise both windfarm developers and landowners on all legal aspects arising from windfarm developments of any size.
For more information contact Alastair McKie |
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