Lawyers secure landmark decision affecting over 8,000 hectares of croft land in Shetland

Gillespie Macandrew acted for Viking in its application to the Scottish Land Court for permission to proceed with a wind farm development on central Mainland Shetland, much of which is subject to crofting tenure.

The Viking Energy Wind Farm is a joint venture between the local Shetland interests, including Shetland Charitable Trust on behalf of the community, and the utility company SSE. The development will consist of 103 wind turbines with a consented total capacity of up to 457 megawatts. 

The wind farm will be located on land held under a mixture of private and public ownership.

In the first application for a development of this scale, the Gillespie Macandrew team, led by two of the firm’s partners, Amy McDowell and Alan White, utilised Section 19A of The Crofters (Scotland) Act 1993.

Alan White, a partner in Gillespie Macandrew’s Land and Rural Team, said: “The outcome of this case will benefit over 200 crofters who have rights over the land on which the windfarm will be developed.  We sought approval by making an application under s.19A of The Crofters (Scotland) Act 1993 so as to provide our clients with all the rights they required, whilst minimising the impact on the existing use of the land for crofting purposes.  Section 19A requires that the Land Court is satisfied that the proposed development is for a reasonable purpose, was not unfair to anyone holding a crofting interest in the area, that there would be fair recompense for the effects of the wind farm, and that the community as a whole would benefit.”

The Land Court hearing took place between 2-5 July at the Islesburgh Community Centre in Lerwick, Shetland. The Gillespie Macandrew team worked with Ailsa Wilson QC and Marcus McKay QC and the Court’s formal decision granting approval for the development was issued on 6 September 2018. 

Amy McDowell, partner, Gillespie Macandrew, Energy, Infrastructure and Strategic Land, said:  “This was a really  positive outcome for our client.  The combined expertise of individuals across a range of disciplines, working together with Counsel, expert witnesses and our client’s project team has helped to bring this significant renewable energy project one step closer to realisation.”

Viking Energy received planning consent for the Viking Windfarm from the Scottish Ministers in April 2012. Having succeeded in defending a challenge to the planning consent in the Supreme Court in [2014] (assisted by Gillespie Macandrew’s Planning Law team), securing the consent of the Scottish Land Court under s.19A of the Crofters (Scotland) Act 1993 was a significant next step in bringing the development forward.

Ian Innes, Viking Energy project director, said: “The ruling of the Scottish Land Court is welcomed by the Viking team with our thanks going to Ailsa Wilson QC and Marcus Mckay QC, our legal partner Gillespie Macandrew and our expert witnesses Galbraith, RPS Group and Biggar Economics. 

“The decision is the culmination of work extending over 10 years, during which there has been close engagement with the crofting community in Shetland.   We look forward now to working with the crofting community as a whole as we progress the development and look to deliver the benefits, including the wider community benefit fund as acknowledged in the ruling.”

Gillespie Macandrew has offices in Edinburgh, Glasgow and Perth.