In 2014, Ministers approved plans for the Neart Na Gaoithe, Inch Cape Offshore Limited, Seagreen Alpha and Seagreen Bravo projects. The schemes have a combined total of 335 turbines, generating up to 2.284GW of electricity to power more than 1.4 million homes.
The developments were legally challenged by RSPB Scotland in January 2015 who said the scheme posed a great risk to thousands of resident and migratory seabirds in these areas. After RSPB took their case to the Court of Session in Edinburgh, Lord Stewart concluded the consents were not lawful in July 2016.
However, Scotland's most senior judge Lord Carloway has now reversed the decision by his colleague, finding the Scottish Government had acted lawfully and ruling his colleague had interpreted the law incorrectly.
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Stuart Housden, Director RSPB Scotland, said: "RSPB Scotland is, of course, hugely disappointed by today's (16 May) Inner House judgment. Whilst we fully support deployment of renewable energy, this must not be at any cost. Combined, these four huge projects threaten to kill thousands of Scotland's internationally protected seabirds every year, including thousands of puffins, gannets and kittiwakes.
"These could be amongst the most deadly windfarms for birds anywhere in the world. It was with great reluctance and as a last resort, but in these circumstances, it was clear that RSPB Scotland had to make a stand.
"While we are deeply disappointed with today's decision, given the huge threat to Scotland's wildlife from these projects, we do not regret our actions so far. We will now need to take some time to consider this judgment in detail and consider its wider implications before commenting further."
However David Sweenie, Mainstream Renewable Power's Offshore Manager for Scotland, which is delivering the 450MW Neart na Gaoithe offshore wind farm, welcomed the decision.
He said: "£2bn project is capable of supplying all the homes in a city the size of Edinburgh with clean energy. It will create over 500 jobs during construction and over 100 permanent jobs once operational. More than £540 million will be directly invested in Scotland during the construction phase and a further £610m during the operational phase.
"As a nationally-significant infrastructure project, Neart na Gaoithe will help Scotland and the UK meet their climate and energy goals, and develop a world-leading offshore wind sector. We have worked closely with a range of partners on the project, including the RSPB and we look forward to continuing to do so as we take the development forward."
(LM/MH)
