Wind farm objectors lose judicial review case

PROTESTERS against a controversial plan to construct a huge wind farm in the Scottish Borders have lost another round in their fight as their request for a judicial review was rejected.

The proposal to site up to 48 125-metre turbines at Fallago Rigg in the Lammermuir Hills has set two dukes against each other.

The Duke of Roxburghe, who owns the land, is in favour of the wind farm, but the Duke of Northumberland, who owns grouse moor in the area, is not.

The fall-out from the scheme has also pitted Scottish Borders Council and local community councils against Scottish ministers who wanted the wind farm to go ahead.

North British Windpower's bid to get the go-ahead for the turbines has been the subject of two public inquiries.

In February 2008, the reporter appointed to examine the controversy recommended against the development.

A key objection had come from the Ministry of Defence which said the huge turbines would interfere with radar defences.

Nearby Torness nuclear power station, a potential target for any enemy action, could be vulnerable to surprise attack, they said.

The inquiry was re-opened under the same reporter in November 2009. By the time of the second inquiry, the Ministry of Defence had dropped its objection after discussions with other government officials.

A number of protesters got together to take their case to the Court of Session in Edinburgh, seeking a judicial review.

But in a written ruling issued yesterday, judge Lord McEwan ruled out the possibility of over-turning permission for the wind farm to go ahead.

Preparatory work had begun at the site while the legal arguments were being heard in court.