LEGAL EAGLES
CONSENTING THE IMPACT OF THE AARHUS CONVENTION
VErY FEw wInD FArM DEVELOPMENTS IN SCOTLAND HAVE BEEN CHALLENGED IN THE COURTS
Consent for the Carraig Gheal wind farm in Argyll was granted by the Scottish Ministers in June 2008. That consent was not challenged in the courts and construction proceeded.
It is therefore interesting that the wind farm has been the subject of a case before the UN Compliance Committee, on the issue of compliance with the Aarhus Convention (the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters).
ISSUES
The case was brought by Ms Christine Metcalfe and Avich and Kilchrenan Community Council (AKCC). They raised two broad issues:
FEATURE SPONSOR
1 Environmental information – AKCC disputes the methods for calculation of the merits of wind energy. The Compliance Committee declined to get involved, finding that it has neither the mandate nor the capacity to assess the accuracy or adequacy of the environmental information in question.
2 Public participation - AKCC was successful in obtaining a draft ruling that the UK’s National Renewable Energy Action Plan (NREAP) was not subjected to public participation. However, the draft ruling does not invalidate NREAP. It does however tell the UK to make sure that future plans / programmes are subject to public participation.
The impact of this case is therefore muted, especially since AKCC itself recognised that many other
renewable energy policy documents have been the subject of public participation.
The Compliance
Committee also rejected the allegation that the decision-making regarding the Carraig Gheal wind farm and linked access (West Loch Awe Timber Route) failed to comply with the Convention. THE DECISION
THE NORTH EAST OF ENGLAND’S ROLE IN THE ENERGY SUPPLY CHAIN
As the energy industry evolves at pace in order to meet global energy needs and carbon reduction targets, the role of the supply chain has never been more essential in providing competitive solutions to emerging technologies and markets. The ability of the North East’s businesses to build upon our region’s extensive heritage and reputation for engineering innovation and quality, allied to the geographical advantages of being able to service the North Sea oil and gas fields from the region’s ports, has allowed us to develop a network of innovative and world- renowned companies.
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www.windenergynetwork.co.uk REPUTATION
The region has developed an enviable reputation as a renewable energy hub with the development and testing facilities at NAREC providing a unique environment for the showcasing, testing and commercialisation of cutting edge technologies. Square One Law has placed the energy sector at the heart of our strategy and their clients now see them as a central component in the professional services supply chain.
BUILDING RELATIONSHIPS The practice has considerable experience of building relationships and working closely with some of the North East’s most
The draft decision is therefore a very limited victory for AKCC. The UK’s renewables policies remain intact, and the consenting process for the wind farm and access have also been upheld. That’s a much different result than suggested by one newspaper which reported the outcome of the case under the headline “Exclusive: UN ruling puts future of wind farms in Britain in jeopardy.”
Neil Collar Brodies LLP
respected companies. In particular they recognise the need to provide innovative and commercial solutions to the energy industry and have extensive expertise across a range of sectors.
RECOGNITION OF OTHER OPPORTUNITIES
They recognise that oil & gas will remain the core element of the energy mix for some time, driven partly by the emergence of new exploration and extraction technologies. There is also an opportunity for the region to develop itself as hub for de-commissioning expertise – an area the practice is seeing increasingly focusing on. Lawyers at Square One Law have advised a number of key suppliers to this sector including Fabricom, Able UK and Shepherd Offshore.
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