THE Scottish Government has approved nearly two-thirds of major renewable energy developments opposed by Highland Council – leaving the local authority with more than £650,000 in legal costs.
New figures obtained through a Freedom of Information (FOI) request show that 62% of completed renewable energy cases which went to appeal or public inquiry following an objection or refusal from the council were ultimately approved by ministers.
Of 26 completed cases, 15 were subsequently given the go-ahead by the Scottish Government, while a further 15 projects remain subject to ongoing inquiries or appeals.
This was either through the development being under National Planning Framework Four (NPF4) – which allows the national government the final say on the project if it is deemed to be one of national importance and only allows the local authority to act as a statutory consulate on the matter – or where the Government approved projects through an applicant appeal after the council flat-out refused the development.
Currently there have been 26 completed cases, of which 15 were subsequently approved by the Scottish Government, with dates going as far back as 2021 for the Strathy Wood Wind Farm. The most recent government approval was in July this year for a battery energy storage system (BESS) at Fasnakyle near Beauly.
Reacting to the figures, one Caithness councillor said the planning system is heavily skewed in favour of developers.
The FOI showed that there was one project, the Corriegarth Wind Farm south of Inverness, which was granted in part but not fully with the government decision in December of 2023.
But there are also 15 further projects that have inquiries or appeals that are ongoing, equating to 42 renewable projects in total that have been taken to appeal or inquiry following a council objection.
Earlier this year it was reported that the region already has more than double the number of green energy projects than anywhere else in Scotland.
Highland Council has also taken the Scottish Government to court on two cases – Strath Oykel Wind Farm in Sutherland and Glengolly BESS near Thurso – after both were consented to by the Scottish Government against the council’s wishes.
The wind farm has had its consent quashed by the courts, costing the council over £10,000 in legal fees, while the BESS court case is still ongoing but already the cost has already amounted to £22,000 in fees.
Altogether, including the court cases, appeals and inquiries, won and lost, Highland Council has had to shell out £652,717 in external legal fees.
Conservative regional MSP Tim Eagle has criticised the Scottish Government over the figures.
He said: “These figures are hardly surprising given the SNP Government has ridden roughshod over the wishes of local residents and councils for years.
“Decisions taken by faceless officials in Edinburgh are costing taxpayers thousands in needless legal fees and this is money that could have been spent on local services instead.
“The SNP Government should back our plans to pause all major renewable energy applications and put in place a system that gives residents a meaningful say.”
A spokesperson for Highland Council explained: “The council notes decisions made by Scottish Government on appeals and these are reported to the relevant council committees where relevant.”
The most expensive case to date according to the FOI is the upgraded Ben Aketil Wind Farm proposed for the Isle of Skye. The inquiry that is still on-going has already cost the council £108,248 in legal fees.
However, some of the cases did not require legal expertise and have therefore cost the council nothing to fight in terms of legal costs but the majority of cases have called for a legal expert and subsequent price tag.
Thurso and Northwest Caithness councillor Matthew Reiss (Highland Alliance) explained the perception of NPF4 in the far north is that it is “one big rip-off”.
He said that the framework talks about how developers must be sympathetic and in scale with the landscape but made reference to the approved Bannisksirk Hub where “the main building is over 600 metres long – what a load of utter nonsense”.
He added: “I think the next generation of people will think, why on earth did we put so many huge industrial machines and substations in what was pristine, unspoilt, unique island scenery?”
The councillor used to be a member of the council’s north planning committee (NPAC) that in recent years has been inundated with green energy applications. He believes the planning system is “heavily skewed” in the applicant’s favour.
He said: “My experience on NPAC and as a councillor has simply been that we go through the motions, but the reality is that all the rules, national planning framework for specially protected areas, SSSIs (sites of special scientific interest), and all the other designations, at the end of the day, seem to count for virtually nothing.
“The enforcement teams are overloaded. The legislation is weak, and some applicants and developers seem to play fast and loose with the planning rules.
“I think the other point is that over the years politicians have made lots of reassuring noises-cum-promises, and a whole lot of them, from the perception of most Caithness people, the promises have turned out to be absolutely empty and devoid of substance.
“I think there’s a sense now of strong sadness, but also of desperation.”
Community-owned renewable projects are designed to help benefit the area they are constructed in by funnelling money back into the community through its profits, although it is a voluntary opt-in for the developer.
It was just this year that the Scottish Government increased the industry standard payment to £6000 per megawatt of energy produced instead of the previous £5000. However, Cllr Reiss explained how some community projects in the Highlands are paying “over 30 times” the industry standard.
Councillor Reiss said this actually raises more questions.
“If the community-owned wind farms can still make a profit when they’re paying over 30 times as much community benefit, how much profit are the full-on commercial outfits making?
“We are just getting the crumbs from under the table – it is nothing.”
Reiss explained he did a quick calculation and found that if all the wind farms in Caithness contributed £170,000 per megawatt per year “I think it would take less than two years to finance the rebuilding of Thurso High School.”
The Scottish Government said: “All decisions are taken on the merits of individual cases, taking full account of submissions made by all parties, including concerns raised by communities and environmental issues.”
