Use: Immediate      Issue Date: Wednesday 25^th May 2005

The Highland Council has confirmed that following legal advice it will need to reconsider a planning application by Amec Wind to site a 27 turbine wind farm at Edinbane of the Isle of Skye following the presentation of information not available when the original decision was made in 2002.

At today’s Planning, Development, Europe and Tourism Committee, Director John Rennilson explained to Members that as the legal agreement with the developer had not yet been signed, Scottish planning law requires the Council to consider all material available surrounding the application up to the point when the decision is actually issued.

He said: "We have sought expert independent legal advice and we have been advised that as the planning authority we need to consider all material surrounding this application. This will include some additional environmental information which has been requested from the applicant. Case law means that if we go ahead and issue a decision without considering all the information available then there is a significant risk that we could be subject to a successful legal challenge. Therefore we will advertise the new information and invite public comment on it before reporting it, along with all the earlier information, to Committee so a fresh decision can be made."

The new information concerns issues of peat slides and golden eagle strikes.

A peat slide occurred in 2003 at a wind farm site in the Republic of Ireland which resulted in the European Commission deciding to take legal action against the Irish Government for not making enough efforts to protect the environment and human health under EU law. In particular it was claimed that the Environmental Impact Assessment had failed to properly assess the risks that the project presented as a result of soil instability.

In 2004 the Council received new information from the RSPB about the number of golden eagles frequenting the Edinbane site which implied an increased risk of bird strike. Scottish Natural Heritage have requested further survey work to be undertaken.

ENDS

Date Last updated : 27/05/05