SWAG August 2006 Update

A) The RDC Borrow Pit (Quarry) is to be determined on 18th September 2006.

The lawyer acting for SWAG challenged the legality of the planning officer’s recommendation for approval in June 2006 on the grounds that both SEPA and the EHO had written expressing considerable concerns about certain aspects of the application. This resulted in the Hearing being deferred on the day. Conveniently for Highland Council and the developer, both these organizations now appear to have withdrawn their comments. However, the Council’s own senior legal officer wrote to Skye & Lochalsh’s legal manager as follows: “In conclusion, I have concerns that, as reported, the ES does not contain the information required in order to assess the expected environmental impacts As such, it would not satisfy the requirements of the EIA Regulations and could lead to challenge. I understand the EHO is satisfied with conditions but this does not address the fact that impacts need to be assessed prior to determination”. However, SWAG believes that “approval” will be granted on the above date, in our estimation, illegally.
 
B) Mr Di Stefano (SWAG’s Lawyer) has written to Mr Malcolm Chisholm, Minister for communities, informing him that planning approval was illegally granted for the Ben Aketil Wind Farm in September 2005, as this action contravened EU Law.

C) Edinbane/AMEC Proposal 

The planning hearing for the above application has been scheduled for 27th October 2006. The revised plan is for 18 turbines. The top 3 have been removed due to concerns about eagles, but the 3 nearest the village have been reinstated, with the obvious risk of increased noise and peatslide. These were the turbines that Highland Council wanted removed in 2002. 

The attached letters have been sent to Mr Malcolm Chisholm and Highland Council Chief Executive Arthur McCourt regarding the foregoing. Mr McCourt’s reply is also attached from which it will be seen that he has failed to answer any of the points raised.