Developers and landowners are likely to review their planning and consenting strategies for numerous renewable-energy projects after a court rejected plans for an eight-turbine wind farm in the Borders.

Scottish Borders Council refused planning permission after local farmers objected on environmental grounds to plans by Energiekontor UK to build the project. The company appealed and the Scottish Ministers appointed a ‘reporter’ – an independent official, who then approved the scheme in January 2025.

Now the Court of Session in Edinburgh has reversed that decision and ruled that a different reporter be appointed to consider the case anew.

The judges said two key stages had to be considered in evaluating the environmental, social and economic aspects of such developments – first, construction and second, the connection of the finished project to the electricity grid. Yet only the construction phase had been considered.

“The issue is whether planning can be lawfully granted when the [electricity] connection to the grid is not included in the application,” said the Court.

Delays

The 17 February ruling could lead to substantial delays in renewable energy developments due to the large queue that has formed, including many speculative projects with connection dates years in advance.

The National Energy System Operator (NESO) has set up a new grid queuing system, replacing the long-standing ‘first come, first served’ approach with TMO4+ (Target Model Option 4+) – "first ready, first connected". However, tackling the 700GW-plus backlog successfully is likely to take several years.

The proposed development of 150-metre turbines near the village of Heriot was due to provide up to 36MW of installed capacity, generating some 150 GWh of renewable electricity a year, powering an average 38,000 homes.

Until now only construction and related infrastructure aspects are considered in the environmental impact statements that are prepared in the planning process, not the potential impact of the off-site grid connection that comes later.

Potential impacts

Some grid connection agreements require significant, costly reinforcement works to be undertaken and these could have implications well beyond those considered at the earlier planning stage.

As the situation remains under review it is difficult to assess the potential impacts on individual projects and landowners with option agreements in place may wish to enquire of the developer

what their views are and if there is potential delay. The timings could be important to consider especially where there are critical dates within the option.

*At Galbraith, our renewable energy department has expertise in all the mainstream renewables solutions as well as working across a range of utilities negotiations. Do get in touch if you’d like to talk.