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Council seeks legal review of wind farm approval

Getty Images wind turbines in a field with hills in the backgroundGetty Images
The Scottish government's energy consent unit approved plans for a new wind farm in the Borders (stock image)

A council is seeking a judicial review of a government decision to approve a wind farm in the south of Scotland.

The Scottish government's energy consents unit (ECU) granted planning permission for eight turbines up to 200m (656ft) tall at Ditcher Law near Oxton in February.

It overruled Scottish Borders Council which formally objected to the plans citing the adverse impact on local people and the landscape.

The council has now lodged a petition with the Court of Session on the grounds that the impact of the development's connection to the electricity grid was not assessed and therefore not considered by the ECU in its decision.

The area is designated as a Special Landscape Area, with peatland, woodland, meandering burns and moorland.

The Scottish government has been approached for comment.

LDRS A grassy hill, with some trees and hedges in the background. The sky is blue with a few scattered clouds. There is what looks like a large greenhouse in the middle of the picture. LDRS
Developers plan to erect eight wind turbines - five of them 200m tall - at Ditcher Law

The Ditcher Law application was submitted to the ECU, which handles applications for electricity stations over 50MW, on 15 September 2023.

But the developer did not submit important additional information, including an impact study, until 10 April last year and a deadline for comments on the new information was then set for 16 May - just five weeks later.

The council advised that it would be unable to review the new information for several months, due to a backlog of applications, but its call for an extension to the deadline was rejected.

It formally voted to oppose the development on 8 September 2025, reflecting the decision of its planning committee.

Earlier this year the ECU ruled that the concern raised by the council was made too late in the application process.

David Robertson, chief executive of Scottish Borders Council, said: "The decision to seek a judicial review regarding approval of this development has not been taken lightly.

"Prior to taking this step we have sought specialist legal opinion and have also engaged with relevant elected members across the political spectrum.

"An update will be provided to the full council meeting on 21 May."