Inner House case considering an appeal by Bagmoore Limited against a decision of the Scottish Ministers to adopt the recommendation of their reporter and reject Bagmoore’s planning application for a 14 turbine wind farm at Stacain near Inveraray in Argyll.
The site lies within Glen Etive and Glen Fyne Special Protection Area which was created to protect golden eagles and the reporter’s recommendation to reject the application was based primarily on the on the effect the wind farm would have on the eagles.
In essence Bagmoore’s appeal was based on their complaint that the reporter had not given adequate reasons for his decision. This was rejected by the Inner House which found that on each substantive or determining issue the reporter had given intelligible reasons for his decision and refused Bagmoore’s appeal.
The full judgement is available from Scottish Courts here.