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Last Updated: Friday, 14 July 2006, 15:49 GMT 16:49 UK
Council loses wind farm challenge
Wind farm
The proposed wind farm is for 21 turbines on the Drummuir Estate
A council which tried to prevent a wind farm being built in Banffshire has lost a legal challenge.

Moray Council went to the Court of Session after the Scottish Executive overturned its decision to refuse planning for 21 turbines near Keith.

The executive had granted permission following a public inquiry.

The council claimed that the inquiry reporter failed to take into account the impact of the project when it was combined with other planned wind farms.

It also claimed the scheme at the Drummuir Estate would be "an unacceptably intrusive, dominant and overbearing manmade feature in an open and exposed area of rural landscape".

The council said the reporter had misunderstood the landscape and visual impact of the plan by Renewable Energy Systems.

The appeal was rejected at the Court of Session in Edinburgh.

Lord Gill said there was "no substance" to the council's submission on the cumulative impact of the proposal, and that the reporter had understood the council's evidence on landscape impact.

'Confused argument'

Moray Council expressed disappointment at the outcome.

A spokesman said the council had previously approved applications for wind farm developments but there had been almost unanimous rejection of the Drummuir proposal by the local community.

"The challenge to that reporter's decision was not taken lightly," he said.

"The council considered the arguments contained in his decision letter to be confused.

"Unfortunately the court has ruled otherwise. Reluctantly the council has got to accept that decision."

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