Ditcher Law windfarm – Scottish Borders Council seeks Judicial Review

Approval was granted by the Scottish government’s Energy Consents Unit (ECU), despite a formal objection submitted by the Council, referencing the adverse impact of the development on local people and the landscape.

The plan for eight turbines of between 180-metres and 200-metres tall, a battery energy storage system, anemometry mast, associated infrastructure, access tracks and drainage would cover over 2,000 acres at Ditcher Law in the Scottish Borders. The area is designated as a Special Landscape Area, with peatland, woodland, meandering burns and moorland.

Speaking to journalists, David Robertson, chief executive of Scottish Borders Council, said: "The decision to seek a judicial review regarding approval of this development has not been taken lightly.

"Prior to taking this step we have sought specialist legal opinion and have also engaged with relevant elected members across the political spectrum. An update will be provided to the full council meeting on 21 May."

SBC raised the issue of the lack of grid connection for Ditcher Law – the developer failed to specify or assess the impact of the grid connection necessary for the scheme to operate. A recent Court of Session decision in favour of Raeshaw Farms Ltd, concerning a different wind farm development in the Scottish Borders, set a legal precedent requiring energy companies to specify how and where developments will connect to the national grid.

John Williams, former chair of Heriot Community Council, said: “The request for a judicial review is most welcome. The approval of Ditcher Law is typical of the flawed decision-making of the ECU, which time and again overrides the democratically elected councillors of Scottish Borders Council.

“This scheme has failed to comply with the legal requirement to set out a suitable and viable grid connection; it has been opposed by the Council’s landscape architect who cited ‘a very significant negative impact’ on the landscape and local residents. The turbines are far too close to a number of local properties, and so will cause not just overwhelming visual impacts, but also excessive noise. In their decision notice, ECU totally failed to deal with these terrible impacts on local residents. These would normally have been fully discussed if ECU had allowed a full Public Local Inquiry. Their refusal to follow the normal procedures has deprived nearby residents of the clearly set out statutory protections.

"In addition it failed to follow the proper process - with the developer submitting crucial information over a year late. The arrogance and anti-democratic methods of the ECU are disgraceful. There must be root and branch reform of the ECU and reinstatement of local democracy.”

Scottish Ministers received approximately 66 representations regarding the Ditcher Law development, with three responses in support of the application and 63 responses against.