Jennifer Ballantyne: Change to the way the wind blows

THE Stornoway wind farm has finally been given consent by Scottish ministers. The scheme – now 36 wind turbines with a maximum installed capacity of 129.6 megawatts (MW) – has been the subject of a process lasting more than ten years.

I have been involved throughout, advising the applicant, LWP (Lewis Wind Power Ltd, a joint venture between AMEC and EDF), and have seen how changes in culture and development of political perceptions became as important as the legal procedure in reaching a decision.

Plans for a major wind farm on the moorland in northern Lewis arose from the political wish to create engineering operations of such scale as would require “on site” fabrication – to provide work at the Arnish Yard – in conjunction with the natural resources of the Western Isles, and the legal requirement for more renewable energy.

The scheme needed to be big enough to deliver the subsea interconnector required to export to the mainland the electricity it would generate. In October 2004, AMEC and EDF (at that time British Energy) lodged an application under S36 of the Electricity Act 1989 for a 702MW scheme of 234 turbines located across three estates, Stornoway Trust, Galson and Barvas.

However, the moorland in the north of Lewis is subject to a number of European designations – a central special area of conservation, designated for its unique blanket bog (“the Lewis Peatlands SAC”), and the surrounding areas, some of which was designated special protection areas due to the important birdlife they supported.

Western Isles Council backed the scheme but Scottish Natural Heritage and, in particular the RSPB, disagreed and many letters of objection were lodged. The scheme (by then reduced to 181 turbines) was in 2008 refused consent by the Scottish Government. It commissioned a report, however, issued in 2009, which identified an area south of the original site where a wind farm of up to 150MW could be located subject to further assessments. LWP carried out the assessments and in June 2011 submitted an application for a 150MW, 42-turbine scheme on Stornoway Trust’s estate.

Changes followed talks with relevant parties, and all parties removed their objections. Eleven objection letters were received from members of the public, but consent was granted by Scottish Ministers on 7 September.

The 14-month determination period for the smaller scheme – against four years for the original – is now typical for an application for a major electricity generation project. Perhaps the biggest difference has been the cultural change which has been driven by the Scottish Government. Applicants can now engage more directly with stakeholders and those stakeholders are generally more willing to engage and negotiate a solution.

• Jennifer Ballantyne is a partner with Pinsent Masons LLP in Glasgow