19 Feb 2026
Community leaders have welcomed the decision to overturn Scottish Government permission for a windfarm which would have radically changed the historic landscape of Eildon in the Scottish Borders.
Judges at Scotland’s Court of Session today overturned the permission granted by the Scottish Government reporter to construct the controversial Wull Muir Wind farm.
The scheme has been rejected on three previous occasions.
The Wull Muir development near Heriot proposes eight turbines, each with a height of 149.9 metres plus access tracks, a borrow pit, temporary construction compound, control building, onsite substation, associated infrastructure, energy storage compound and offsite grid connection.
Scottish Borders Council had previously rejected the scheme twice, due to its significant visual impact, and a subsequent appeal by the developer Energiekontor was also dismissed.
The scheme was then approved by the Scottish government reporter in January 2025, prompting the current appeal.
Local communities including Heriot Community Council have for many years expressed their opposition to the scheme due to its significant visual impact in a tranquil and unspoiled part of the Scottish Borders. The landscape architect at Scottish Borders Council had also objected to it. The original application was also opposed by the Scottish Environment Protection Agency and the Ministry of Defence, although both of these subsequently dropped their objections, subject to specific conditions being met.
John Williams, chair of Heriot Community Council commented: “We welcome the decision by the Court of Session Judges that this scheme should have been subject to greater scrutiny. Wull Muir would be visible for miles around and would completely change the character of the landscape. The wind farm would be far too close to the main part of Heriot village and so it would have very adverse effects on many local people. The fact that such extensive legal proceedings have been required to block this development causes us grave concern. With over 600 turbines already built in the Borders and more under review, it is clear that the planning framework is simply not fit for purpose.”
Scottish Borders councillors had previously concluded that the proposed development was contrary to policy 11 of National Planning Framework 4 (NPF4) and policy ED9 of the Scottish Borders Local Development Plan 2016, in that the wind farm would have significant adverse landscape and visual impacts, particularly on areas to the north and south of the proposed site.
Energiekontor submitted a new proposal with the turbines positioned further back from the edge of the Lammermuirs/Moorfoot escarpment. But this moved the turbines far closer to the area of Heriot known as Heriot Station. Furthermore the height of the turbines was increased in that proposal, from 130 metres to 149.9 metres, just below the threshold of 150 metres which requires civil aviation warning lights.
Rory Steel, chair of Lauderdale Preservation Group said: "This is a very welcome ruling because the judges have seen through the failure in the planning process. We constantly come up against developers who play fast and loose with the system because the Scottish Government's policy is set up to grant permission no matter what communities, and indeed experts, say.
"This should be a wake-up call to all energy developers in the Borders that they cannot ride roughshod over our communities and we cannot be taken for granted."
There are 23 significant schemes currently in operation in the Scottish Borders, (616 turbines in total), plus three developments under construction, and a further 20 at various stages in the planning system.