Energy / Wind farm moratorium not possible on legal grounds, Scottish Government says
THE SCOTTISH Government has ruled out a pause or moratorium on new renewable energy projects.
Communities from across the Highlands and numerous campaign groups from across the region, including Shetland, have called recently for any developments to be stopped.
Last week, the Scottish fishing industry added their voice in calling for a moratorium on offshore wind consents with First Minister John Swinney responding by saying the industry’s concern over the loss of valuable fishing ground would be listened to.
In June around 40 grassroots groups signed an open letter to the First Minister demanding a moratorium, expressing their concern “about the direction the government has taken in managing the renewable energy transition”.
Those calls were reiterated during two meetings hosted by Highland community councils, also in June and last week.
However, in a letter to Maree Todd, the MSP for Caithness, Sutherland and Ross, energy secretary Gillian Martin said refusing to receive applications under section 36 and 37 of the Electricity Act would set the government up for legal challenges by the industry.
In her letter, dated 1 August, Martin said she recognised “how important the issue of proposed wind farms and pylon routes is for your constituents and the significant feeling that this topic generates”.
She wrote: “The Scottish Government must process applications that it receives as required by the legislation, and to refuse or fail to do so would put the Government at risk of legal challenge, therefore, this is not a course of action that Scottish Ministers are able to take.”
Instead, the energy secretary highlighted the importance of the “pre-application consultation and engagement” process to create transparency and ensure that communities better understand when and how to have their say early in the process.
“We have sought to affirm the process, including publishing new guidance in May for developers on how to deliver consistent and meaningful pre-application consultations,” she wrote.
Speaking to Shetland News while in the isles last week, Todd agreed that the situation between communities and the renewables industry is “almost toxic”.
She added: “I can see where they are coming from because, of course, it is a big issue in my own constituency.
“As I said in my opening statement at that convention; there are a number of things that people agree on despite all the dispute: 1. We are agreed that we need to make a transition to net zero; 2. people understand the need for energy security; and 3. It’s not nimbyism, people are already surrounded by infrastructure, and people just want the chance to say, ‘no more’, as they have enough.
“There is definitely a question there around cumulative impact and how that is assessed and implemented in planning law.”
She added: “Most of energy is reserved to Westminster, and the frustration about the lack of involvement in these decisions like the engineering of the grid and upgrades, is palpable in my constituency.”
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