A judge has ruled that ministers had failed to follow the EU Birds Directive (2009) and planning permission should not have been granted on the Viking Wind farm in Shetland.
The whimbrel, an endangered wader that nests almost exclusively on the island, breeds only in north Scotland when in the UK. The EU birds directive is the EU’s oldest piece of nature legislation creating a comprehensive scheme of protection for all wild bird species naturally occurring in the EU. The directive recognises that habitat loss and degradation are the most serious threats to the conservation of wild birds. The way that this is implemented is often the subject of detailed public inquiry and developers need to be fully aware of their obligations under this legislation. Lady Clark of Carlton said she didn’t feel that the ministers had dealt explicitly with the legal issues arising from the directive.
The case continues.