RES has won its planning permission appeal, overturning the refusal by Dumfries & Galloway Council.

This is the second wind farm appeal case this year in which a hearing has been held. Too early for a trend to be emerging, but…

Specific points of interest:

decommissioning – the reporter decided this could be dealt with by suspensive condition, and no section 75 obligation was required

life of consent – she refused to extend this to 5 years because of lack of evidence to substantiate the claim that grid connection might cause delay

micro-siting – limited to 30m to ensure compliance with ES


Neil Collar

Partner at Brodies LLP
Neil is a partner at Brodies LLP and consistently rated as one of Scotland’s leading planning lawyers. He is well known for both his planning inquiry advocacy and his advisory work. Neil has a particular interest in renewable energy developments.
Neil Collar