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Edinburgh Reporter
19 hours ago
- Business
- Edinburgh Reporter
Councillors reject holiday cabins for second time
Plans to create a holiday site on the fringe of the Pentland Hills have been thrown out for a second time this year Lucy Crombie lodged an application to build 20 wooden holiday lodges on a site known as the Paddocks. The area of open countryside borders Leyden Road, a narrow, winding rural road bounded by open farmland and woodlands which climbs from Kirknewton up to the main A70 road which skirts the Pentland Hills regional park. The same application was rejected by the Development Management Committee in January last year and an appeal later dismissed by the Local Review Body. One objector called for the council to refuse to decide on the latest filing of the proposals saying they had not changed since the council rejected the same plans last year. And a lawyer suggested the proposal may have come back 'to wear down' resistance. Planning officers said the applicant had now supplied supplementary reports which validated councillors hearing the plans again. The latest application attracted 22 objections including one from the local community council and a neighbour Juliet Bentley who lives in the B- listed Ormiston Castle immediately adjacent to the site. Ewan MacLeod of legal firm Shepherd and Wedderburn, acting as agents for Ms Bentley told councillors: 'Both we and our client are surprised that the application has been made to the council. It is identical in all material respects to [the previous] application. 'The application has clearly been submitted within the 5-year window and there has been no change in the development plan or in any other material consideration. The council must therefore consider whether to exercise its discretion to refuse to determine the application.' In its written objection the firm said, ' [the] applicant's failure to address the well-founded planning issues raised by local residents and the council's reasons for refusal, we submit that it would be irrational for the council to determine the application.' Mr MacLeod said that if the application was refused ' the applicant can appeal to Scottish ministers and an unelected Scottish Government official can then take a decision which may overturn the democratic will of this committee… If you decline to determine the application the applicant has no appeal.' He said such a decision would also save the council the expenses of defending its decision at an appeal. An agent for the applicant denied planner's criticism of the proposals being 'too urban' in appearance, saying that the cabins on the site occupied less than a third of the area. Suggestions that the site would be too visible on the landscape were also questioned. He added that his client was prepared to explore road widening and passing spaces outlined in concerns highlighted by the planners. Planners outlined their objections stating: 'The proposals for the holiday chalets at this location would create a sense of urbanisation within a countryside setting. The Roads Officer would require works to be undertaken in order to improve road safety, including access works, road widening works at five points on the public road and application of a speed limit, to support the proposals. 'Mitigation measures can potentially address road safety concerns (although it is unclear if this will require agreement with third party landowners in respect of road widening works)' Councillor Damian Doran-Timson asked planning officers what had changed in the plans since they were rejected by the LRB in August last year. Planning officer Gillian Cyphus said there had been a lack of information when the proposals had gone to the review body; the slight change now was that drainage reports had been made available. That was why planners had recommended the proposals come before councillors for determination, with the recommendation for refusal. Councillor Pauline Clark said: 'I think we should be encouraging tourists to come here. However, I do think access is a big problem. I think the lack of being able to walk to the train station is a problem. I don't know if paths are something that could be sorted. It's major stumbling block She defended the planning appeal procedures of the Scottish Government as democratic. Councillor Doran-Timson agreed with her objections: He said ' We need to do more for tourism and economic development has been a failure, but I think the amount of non-conformities we have with the application, not just the paths there's a number of different issues that have me going toward officers' recommendations.' He added: 'Unlike Councillor Clark I share Mr MacLeods concerns about the Scottish Reporter overturns in recent years in West Lothian.' Councillor Pauline Stafford said she had concerns about families with children walking the main road to Kirknewton. 'The nature of the site would encourage people to drive to and from it,' she added. Councillor Willie Boyle said: 'My concern is that this looks like a caravan holiday park rather than holiday cabins you see in rural areas.I think the design is wrong. Councillor Doran Timson's motion to refuse planning permission was backed by Willie Boyle. By Stuart Sommerville, Local Democracy Reporter Like this: Like Related
Scotsman
4 days ago
- Business
- Scotsman
A conversation can be better than a court case in executry disputes
Stephanie Hepburn calmly outlines the advantages of mediation Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Death, as the saying goes, is one of life's certainties. But what happens after a death, particularly when it comes to sorting out a loved one's estate, can be anything but straightforward. We are seeing a noticeable rise in executry disputes, both north and south of the Border. These can be disagreements over wills, inheritances and the administration of estates. These are often messy, emotional and, if taken to court, can be expensive. But there could be another way. One that may be kinder, quicker and usually more cost-effective: mediation. Advertisement Hide Ad Advertisement Hide Ad So what is mediation and why should it be on the radar for anyone involved in an executry dispute? Stephanie Hepburn is a Partner, and Head of Private Wealth Disputes, Shepherd and Wedderburn Mediation is a process where an impartial third party (the mediator) helps those in a dispute to have a conversation. It's not about deciding who's right or wrong. It's about opening up a dialogue in a structured setting, with the aim of reaching a solution that everyone can live with which can be tailored to individual needs and the unique dynamics of the relationships involved. In executry disputes, mediation can be particularly powerful. Tensions are often high, and emotions are usually a factor, often between close family members. The dispute might not be about money but driven by personal conflict or resentment which has been brought to a head after the death of a loved one. Mediation gives people the space to talk about what's really going on. It can help preserve – or at least soften the breakdown of – fractured relationships in a way that court action may not. Advertisement Hide Ad Advertisement Hide Ad From a practical point of view, mediation is usually far quicker and cheaper than litigation. Court action can sometimes take months, even years, and costs can easily spiral and eat into the very estate that everyone is arguing over. Mediation, by contrast, can often be arranged within a matter of weeks and resolved in a day or two. It can also help parties reach solutions the court might not be able to offer. Of course, mediation isn't always suitable. If someone is being unreasonable, is unwilling to compromise or refuses to engage, it might not work. There are also some cases where court action is necessary or unavoidable, particularly where a legal right needs to be established or where there is a complex legal question to be answered. But in appropriate cases, the Scottish courts might encourage parties in executry disputes to consider mediation before going full steam ahead to a hearing, although unlike in England and Wales, the court cannot impose any cost sanctions for unreasonably refusing to mediate. Your lawyer can play an important role in mediation. They can recommend a suitable mediator, help you prepare for the mediation, advise you on your rights and options and any legal or tax implications of a proposed settlement, making sure it is workable in law, and fair in practice. Advertisement Hide Ad Advertisement Hide Ad
Scotsman
03-06-2025
- Business
- Scotsman
Onshore wind capacity needs to double what there already is in the next five years, industry leaders say
Onshore wind farms are going to have to increase by at least double, energy bosses have said | Maritxu22 - Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Scotland's onshore wind developments will need to double in capacity in the next five years as pressure mounts on grid upgrade works to be consented, energy leaders have said. The minimum target north of the Border for onshore wind is currently 20GW of power by 2030. Advertisement Hide Ad Advertisement Hide Ad It would mean needing to double the current total installed capacity of 10.1W to date in the next five years. Colin Innes, a partner at Shepherd and Wedderburn, and who specialises in renewables, said the significant step up comes after a lull in development since the Conservative government effectively banned onshore wind in 2015. Colin Innes, a partner at Shepherd and Wedderburn | Shepherd and Wedderburn Speaking to The Scotsman, Mr Innes said: 'What needs to happen is building and building quickly to maximise the economic benefit for Scotland and catch up on the missed years we lost when there was a limited number of turbines built comparatively. 'The 'switch off' caused a blip in terms of deployment for a period of five or six years.' Advertisement Hide Ad Advertisement Hide Ad The calls come as Scottish Conservatives described the current net zero agenda as 'unrealistic and unaffordable' with the Scottish Government having 'missed their eco targets for years.' Mr Innes said a challenge the sector faces is an ongoing 'disconnect between what the public thinks is going on and where energy developments are going to be in a decade with how much electrification is needed to meet demand.' The Climate Change Committee (CCC) says by 2040, 80 per cent of cars should be electric and one in two homes have a heat pump as part of the nation's 'decarbonising' plan. About 60,000 UK homes installed a heat pump in 2023, according to the CCC, a figure it wants to see climb to 450,000 by 2030 and 1.5 million by 2035. Advertisement Hide Ad Advertisement Hide Ad Mr Innes said: 'People think we are trying to sort out electricity as it is now. 'But the reality is doubling the demand changes the system, changes the dynamic. 'All infrastructure needs to be a different scale.' Mr Innes said the onshore sector is 'buoyant' with 'a wide range of developers in the Scottish market coming through and a lot are getting consented.' Industry leaders said a recognised issue with this growth in renewable developments is a higher concentrations of turbines in 'intermediate areas' - not on the edge of towns or in protected areas - will be felt in years to come. This is due to restrictions to onshore wind turbines in areas including National Parks and National Scenic Areas, which, collectively, takes up about 20 per cent of the land in Scotland. Advertisement Hide Ad Advertisement Hide Ad Dalnacardoch Estate, which sits entirely within the Cairngorms National Park, halfway between Blair Atholl and Dalwhinnie (pic: Big Partnership) Limited delivery in England due to lower wind resource, protected uplands and solar energy competitors also drives more development in what the industry has labelled as 'hotspot areas' in Scotland. These include Caithness, Dumfries and Galloway, East Ayrshire and Argyll and Bute. The Lake District | Supplied Dumfries and Galloway and Ayrshire have been named as some of the hotspots for more wind farm developments | Katharine Hay For the communities taking the brunt, Mr Innes said 'the community benefit fund has to move beyond the village hall.' He said the communication on the 'wider benefit' of onshore developments when it comes to business rates also needs to be improved. 'The way we do business rates absolutely disassociates the benefits from onshore wind farms because it goes into a central pot and it's reallocated which means it gets lost,' Mr Innes added. Advertisement Hide Ad Advertisement Hide Ad 'In Scotland terms, the more generation we have the more business rates we have, the more money for public services and communities, but it gets lost because of the way we do that which is regrettable.' While renewable energy applications are flying in, including a noticeable increase in anaerobic digesters and applications and increased government funding for 'green' hydrogen plants, the grid infrastructure, which is currently being upgraded to transmit this upsurge in electricity, is facing delays. Scottish and Southern Electricity Networks (SSEN) Transmission is investing £22 billion in grid infrastructure over a five-year period from April 2026 to March 2031 to replace old lines and build 'super highways' to transfer power from developments in the north of Scotland to where energy is needed. Alison Hill, director of project development at SSEN | SSEN Alison Hill, director of project development at SSEN, said the company is on track with submitting plans for the grid upgrade, but it needs consenting bodies to act. Advertisement Hide Ad Advertisement Hide Ad The company has previously criticised the Scottish consenting system after it took four and a half years for the Beauly to Denny upgrade, a development that sparked a fierce backlash from the surrounding communities. Ms Hill said the current project to reinforce the network from Fort Augustus to Skye — the only power line serving all homes and businesses along its route and in the Western Isles - is showing serious delays. 'Two and a half years in planning and we're still waiting for that consent to be determined by the energy consent unit and the Scottish ministers,' she said. 'We're looking at replacing a line that's already there. It's not a new build. 'It's difficult to understand why it's taken so long. Advertisement Hide Ad Advertisement Hide Ad 'The overhead line route is very old. It's had ten major faults in just six years, far more than we would expect on a transmission network, so that line needs to be replaced.' Ms Hill said three new build overhead line schemes are to be submitted to the Energy Consents Unit in the coming months, adding: 'Once submitted we require the consenting bodies to act to maintain momentum for 2030.' Some of the pylon developments have drawn serious controversy from various communities across Scotland, including Aberdeenshire, where a new pylon line is proposed with some of the steel towers possibly reaching as high as 246ft (75m) and will be part of a planned 66-mile (106km) route between the town of Kintore and the village of Tealing. Earlier this year, the UK Government committed to ensuring households near new or upgraded pylons will save up to £250 a year for 10 years to be introduced through the Planning and Infrastructure Bill. Advertisement Hide Ad Advertisement Hide Ad In response to delays in consenting SSEN projects, the Scottish Government pointed to its guidance outlining the procedure to determine priority applications to install overhead line transmission infrastructure, under section 37 of the Electricity Act 1989, is within 52 weeks.
Yahoo
30-04-2025
- Business
- Yahoo
Failing to follow rules in renewables can deal a costly blow to companies
With the onshore wind sector rapidly expanding, the UK aims to become a 'clean energy superpower' by 2030 – but legal compliance with numerous health and safety standards is increasingly important for companies, says Kevin Clancy, Partner at Shepherd and Wedderburn (Image: Kevin Clancy, Partner at Shepherd and Wedderburn) The Health and Safety at Work Act 1974 – together with accompanying secondary legislation, guidance etc – outlines the requirements for the country's employers to conduct risk assessments, maintain safe systems of work, and create emergency response plans for incidents. Employers owe duties to their employees and to 'persons other than their employees', including the general public. Ensuring the health and safety of onsite workers is critical to avoid reputational damage, high penalties and, most importantly, injury or death. Key health and safety risks involved in the onshore wind sector include: ■ Onsite safety: Projects in the onshore wind sector can involve working at heights of over 100 meters and operating heavy and electrical machinery. There are higher risks of falling, injury from machinery, and electrocution. ■ Weather: Scotland's unpredictable weather poses a higher risk to workers in the sector, with high winds and rainfall exacerbating health and safety risks. ■ Public safety: Wind farms tend to be in rural areas, with nearby communities. Securing the safety of residents during construction and maintenance of the project should be a priority. ■ Risk management: identifying potential risks in order to reduce incidents occurring. Lessons learned from a recent case AN engineering firm was recently fined £800,000 following the death of a construction worker on June 5th, 2022 at an onshore wind farm in the Shetland Islands. The employee died after a skip's bale arm fell on him. The company failed to consider the risks of the bale arm falling and to implement measures to protect their workers against this risk. This case highlights the importance of employers understanding health and safety regulations and the repercussions of failing to follow these rules. The onshore wind sector requires heavy machinery to be operated and the failure to recognise risks associated with this may pose a significant danger to workers. Managing health and safety risks EMPLOYERS in the onshore wind sector have a responsibility to ensure they are not creating an unsafe work environment. To mitigate risks, they must consider the following: ■ Training: Workers must be properly trained on all onsite equipment and operating this equipment at a height. Regular training to ensure ongoing compliance should be considered. ■ Protection systems: Investing in fall protection systems, personal protective equipment, and weather monitoring systems may prevent incidents. ■ Protocols: Some risks may be unavoidable, but having protocols in place when dangers arise can prevent serious harm to workers. For example, employers should consider protocols to halt work during dangerous weather conditions. Shepherd and Wedderburn's health and safety team can provide comprehensive advice on risk assessments and the prevention of incidents in the workplace. We can also offer guidance on investigations and prosecutions. For more information, contact Partner Kevin Clancy in the health and safety team at Shepherd and Wedderburn at Shepherd and Wedderburn is headline sponsor of All-Energy, the UK's largest renewable and low-carbon energy exhibition and conference, taking place in Glasgow on 14-15 May 2025. Visit the All-Energy hub to find out more:
The Herald Scotland
30-04-2025
- General
- The Herald Scotland
Failing to follow renewables rules can deal a costly blow to companies
The Health and Safety at Work Act 1974 – together with accompanying secondary legislation, guidance etc – outlines the requirements for the country's employers to conduct risk assessments, maintain safe systems of work, and create emergency response plans for incidents. Employers owe duties to their employees and to 'persons other than their employees', including the general public. Ensuring the health and safety of onsite workers is critical to avoid reputational damage, high penalties and, most importantly, injury or death. Key health and safety risks involved in the onshore wind sector include: ■ Onsite safety: Projects in the onshore wind sector can involve working at heights of over 100 meters and operating heavy and electrical machinery. There are higher risks of falling, injury from machinery, and electrocution. ■ Weather: Scotland's unpredictable weather poses a higher risk to workers in the sector, with high winds and rainfall exacerbating health and safety risks. ■ Public safety: Wind farms tend to be in rural areas, with nearby communities. Securing the safety of residents during construction and maintenance of the project should be a priority. ■ Risk management: identifying potential risks in order to reduce incidents occurring. Lessons learned from a recent case AN engineering firm was recently fined £800,000 following the death of a construction worker on June 5th, 2022 at an onshore wind farm in the Shetland Islands. The employee died after a skip's bale arm fell on him. The company failed to consider the risks of the bale arm falling and to implement measures to protect their workers against this risk. This case highlights the importance of employers understanding health and safety regulations and the repercussions of failing to follow these rules. The onshore wind sector requires heavy machinery to be operated and the failure to recognise risks associated with this may pose a significant danger to workers. Managing health and safety risks EMPLOYERS in the onshore wind sector have a responsibility to ensure they are not creating an unsafe work environment. To mitigate risks, they must consider the following: ■ Training: Workers must be properly trained on all onsite equipment and operating this equipment at a height. Regular training to ensure ongoing compliance should be considered. ■ Protection systems: Investing in fall protection systems, personal protective equipment, and weather monitoring systems may prevent incidents. ■ Protocols: Some risks may be unavoidable, but having protocols in place when dangers arise can prevent serious harm to workers. For example, employers should consider protocols to halt work during dangerous weather conditions. Shepherd and Wedderburn's health and safety team can provide comprehensive advice on risk assessments and the prevention of incidents in the workplace. We can also offer guidance on investigations and prosecutions. For more information, contact Partner Kevin Clancy in the health and safety team at Shepherd and Wedderburn at Shepherd and Wedderburn is headline sponsor of All-Energy, the UK's largest renewable and low-carbon energy exhibition and conference, taking place in Glasgow on 14-15 May 2025. Visit the All-Energy hub to find out more:
