Council Challenges Wind Farm Approval in South Scotland
A council is pursuing a judicial review of the Scottish government's decision to approve a wind farm development in the south of Scotland.
In February, the Scottish government's Energy Consents Unit (ECU) granted planning permission for the construction of eight wind turbines, each reaching up to 200 meters (656 feet) in height, at Ditcher Law near Oxton.
This approval came despite formal objections from Scottish Borders Council, which raised concerns about the negative impact the project would have on local residents and the surrounding landscape.
Grounds for Judicial Review
The council has submitted a petition to the Court of Session, arguing that the ECU failed to assess the effects of the development’s connection to the electricity grid, and therefore did not properly consider this aspect in its decision-making process.
The site is located within a designated Special Landscape Area characterized by peatland, woodland, meandering burns, and moorland, which the council contends would be adversely affected.
The Scottish government has been contacted for comment regarding the ongoing legal challenge.
Application Timeline and Council Response
The application for the Ditcher Law wind farm was originally submitted to the ECU on 15 September 2023. The ECU is responsible for handling applications for electricity generating stations with capacities exceeding 50MW.
However, the developer did not provide key supplementary information, including an impact study, until 10 April of the following year. Subsequently, a deadline for submitting comments on this new information was set for 16 May, allowing only five weeks for responses.
The council indicated that it would require several months to adequately review the new information due to a backlog of applications. Despite this, its request for an extension of the comment deadline was denied.
On 8 September 2025, the council formally voted to oppose the development, a decision that reflected the recommendation of its planning committee.
Earlier this year, the ECU determined that the council’s concerns were raised too late in the application process to be considered.
Council Leadership Statement
David Robertson, Chief Executive of Scottish Borders Council, commented on the decision to seek judicial review:
"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."
