Judges at the UK Supreme Court have dismissed an appeal against plans to build a large-scale wind farm in the Shetland Islands.
Environmental campaigners at Sustainable Shetland challenged a decision to allow more than 100 turbines to be installed across three different areas on the islands.
The group argued that when the Scottish Government backed the plans for the Viking wind farm project, which could provide energy for up to 175,000 homes, it failed to take into account “positive obligations” under European Union environmental legislation to protect the rare whimbrel bird and bring its population levels up to “favourable conservation status”.
The Shetlands are home to about 95% of the UK’s whimbrel population, with a survey in 2009 recording some 290 pairs.
Sustainable Shetland raised concerns about the impact the wind farm would have on the bird population.
But Holyrood ministers, who granted permission for the wind farm in April 2012, argued that estimates suggested fewer than four birds a year would be killed as a result of colliding with turbines, adding this total was “very small” when there could be between 72 and 108 deaths a year from other causes.
A habitat management plan (HMP) was drawn up, with the Scottish Government arguing this would “counteract the relatively small estimated rate of bird mortality” from the wind farm.
Ministers also said the project, which would create scores of new jobs in the islands, would help meet renewable energy targets.
The Supreme Court unanimously dismissed the appeal.
In his judgment, Lord Carnwath said: “The ministers were entitled to regard the limited anticipated impact on the whimbrel population, combined with the prospect of the HMP (habitat management plan) achieving some improvement to their conservation status more generally, as a sufficient answer to the objections under this head.”
Lord Neuberger, Lord Sumption, Lord Reed and Lord Hodge agreed with Lord Carnwath’s decision.
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