14 Jan 2025
Wull Muir granted permission despite widespread opposition
An application to build a wind farm in a scenic area of the Scottish Borders has been approved today despite being rejected on three previous occasions.
The Planning and Environmental Appeals Decision today granted permission for the Wull Muir development near Heriot, which comprises eight turbines, each with a height of 149.9 metres.
Scottish Borders Council had previously rejected the scheme twice, due to its significant visual impact, and a subsequent appeal by the developer was also dismissed.
John Williams, chair of Heriot Community Council commented: “This is a shocking decision which shows that rural communities simply have no say at all when it comes to windfarm development. These turbines will be far too close to many homes in Heriot, but the Reporter rules this is acceptable. The proliferation of windfarms in the Scottish Borders is beyond anything any of us ever imagined – we are currently responding to six further applications in our area. There appears to be overriding government support for any wind farm in Scotland. It doesn’t matter how large it is or how many people are badly affected, it will simply be waved through. Local voices are ignored.”
The original proposal at Wull Muir was for eight turbines sited in a more elevated position, although the original application was for smaller turbines, each with a maximum height of 130 metres.
Scottish Borders councillors had concluded that the proposed development was contrary to policy 11 of National Planning Framework 4 (NPF4) and policy ED9 of the Scottish Borders Local Development Plan 2016, in that the wind farm would have significant adverse landscape and visual impacts, particularly on areas to the north and south of the proposed site.
The approved scheme by EnergieKontor has repositioned the turbines back from the edge of the Lammermuirs/Moorfoot escarpment. However the height of the turbines has been increased, from 130 metres to 149.9 metres, just below the threshold of 150 metres which requires civil aviation warning lights.
David Buylla, Reporter for the Planning and Environmental Appeals Decision, stated in his decision that although in some locations there would be a ‘significant’ adverse effect on landscape character this was not seen to be sufficient reason to refuse permission.
There are several Special Landscape Area (SLA) designations in the immediate vicinity. The Reporter’s analysis of the visual impact of the turbines viewed from Nettlingflat and Shoestanes is that they would have a ‘severe’ impact but not so severe as to contravene planning legislation. This argument is rejected by people in the local area.
The developer’s plans had been met with widespread opposition locally, including from Heriot Community Council and from Scottish Borders Council’s own landscape architect. The original application was also opposed by the Scottish Environment Protection Agency and the Ministry of Defence, although both of these subsequently dropped their objections, subject to specific conditions being met.
Local communities also expressed dismay that the Reporter has taken at face value the estimate of socio-economic value and potential jobs to be created in association with the development.
The planning permission granted today includes construction of access tracks, a borrow pit, temporary construction compound, erection of control building, onsite substation and associated infrastructure and energy storage compound.
The Scottish Borders has become a go-to location for wind farms. There are 23 significant schemes currently in operation, (616 turbines in total), plus three developments under construction, and a further 20 at various stages in the planning system.