Clashindarroch Wind Farm

Council may settle wind farm objection

OBJECTIONS lodged by Moray Council to a wind farm development could be withdrawn if a compromise can be reached ahead of a public local inquiry.

However, the authority will still engage the services of a top lawyer to prepare its case for an inquiry.

A Queen's Counsel would be expected to charge in excess of £2,000 a day.

Moray Council is one of the opponents to the proposed 47-turbine wind farm in Clashindarroch Forest, near Huntly, even though the majority of the 2.386 acre site lies within Aberdeenshire.

As a planning authority bordering the area, it had to be consulted by the Scottish Executive over the application. Councillors voted in May last year to reject the proposal and defend its position at any inquiry.

The thrust of the objection was that the proposal would result in an unacceptably intrusive, dominant and overbearing man-made feature in an open upland and exposed area of great landscape value.

This, said Moray Council, would be detrimental to the appearance and character of the landscape and result in a significant detrimental impact on the amenity of people living nearby.

The key concern centred on the positioning of 15 of the turbines along the western boundary, making them visible from the A941 Dufftown to Rhynie road through the Cabrach area.

However, ongoing discussions with the agents for the applicant, AMEC Project Investments Ltd, have brought a breakthrough.

A willingness has been expressed on behalf of the applicants to consider the removal or resiting of some of the turbines, members of Moray's environmental services committee heard at their meeting on Wednesday.

If the four or five most prominent from the A941 were resited, it would result in the nearest turbine being 3.5km from the road, rather than the 2km currently proposed.

A pre-inquiry meeting, arranged by the Scottish Executive, is to be held in Huntly on Wednesday at which the council, along with Aberdeenshire Council, individual objectors and consultees are to be present.

Aberdeenshire Council has not objected to the proposal, although it has a number of concerns to raise.

Moray employed the services of leading QC John Campbell, a specialist on wind farms, at the Drummuir wind farm inquiry and he has indicated a willingness to appear on the council's behalf again, councillors were advised.

It was previously agreed that expenditure in excess of £30,000 would not be committed without being brought back to committee.

It is the view of both the legal and planning departments that the council should engage a QC to act on its behalf, said Bob Stewart, director of environmental services.

He told the meeting:
"From our point of view we have to look at how the development would affect Moray. Turbines one to five would really have an adverse effect on our area.

There is an indication they would be prepared to consider the removal or replacement and that is something we can positively build on.

"We have in the meantime to establish the council is properly prepared for an inquiry and from a position of strength."

Mr Stewart continued:
"Those five turbines are crucial to the council's case. If they are willing to move them, we have protected the Moray case."

Chairman Bob Wilson (Speyside) said: "This council is trying to negotiate the best situation it can for Moray."

Councillors questioned whether there was still a need to employ a QC.

Mr Stewart said it was wise to have the QC in there and primed from the beginning.

Councillor Sandy Keith (Bishopmill East) asked if the council went to the public inquiry and lost the case, whether it would be liable for AMEC's costs, which could be in the region of £500,000.

It would have to be proved that the council had acted unreasonably, Mr Stewart replied.

"I don't think that is the case. In terms of a public inquiry, it would be a very, very marked exception for costs to be awarded. I would not see it happening in this case, " he added.

The judicial review of the Scottish Executive's approval for the Drummuir wind farm development, which was opposed by Moray Council at an inquiry, is not expected to be heard until June next year.