News / Viking hearing starts on Tuesday
THE DISPUTE over the planned Viking Energy wind farm, in Shetland, is this week being taken to the Court of Session where a judicial review hearing starts on Tuesday.
Viking opponents Sustainable Shetland are challenging the Scottish government arguing they should not have granted consent for the 103 turbine wind farm, in April last year.
They will make the case that the government has failed in its duties under the EU Bird Directive, and rather than permitting development they should have ordered a public inquiry.
The Scottish government will defend the case while developer Viking Energy Partnership will also be present at the hearing as an interested third party.
The company’s project officer David Thomson said: “We think the Scottish government and ourselves have a robust case to argue.
“In the meantime we will continue to work towards delivering the project and the significant benefits to Shetland that would follow.”
A government spokesperson added: “The Scottish Government can confirm that they will be represented at the judicial review of the Viking wind farm decision. No further comment can be made pending the outcome of the case.”
Expected to last at least four days, the court case will kick off on Tuesday morning with Sustainable Shetland’s QC making the petitioner’s case.
This will be followed by a response from the government’s QC setting out the counter argument.
Viking Energy’s own legal representative then has the opportunity to respond to what had been said and make any final points.
Following shorter replies from Sustainable Shetland and the Scottish government the case before the judge will then close.
It will take several weeks before the judge issues his or her written judgement, either accepting the petition, rejecting it, or anything in between.
During a court hearing in December, Sustainable Shetland was granted a protective cost order which caps the community group’s obligation to pay the government’s legal cost up to £5,000 should they lose the petition.
They have also to pay the cost for their own legal team, which are expected to be much higher.
If the group win the case they can claim up to £30,000 of their legal cost from the Scottish government.
Viking Energy will have to pay all its legal cost. They will have no claim against Sustainable Shetland even in case the hearing goes in favour of the wind farm developer.
Viking Energy is a partnership between Scottish & Southern Energy and the Shetland Charitable Trust, which holds around £200 million of the isles’ oil funds.
The partnership also has four private shareholders including its project officer David Thomson.
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