Resumption — Common Grazings — Wind Farms
The following is the text of a letter which I sent to certain of the solicitors specialising in Crofting Law on 16 October 2002 in response to a request from an agent:
“I have recently been contacted by a person who is involved in a project to develop a wind farm on an area of crofters’ common grazings. As he indicated any development for a wind farm will require planning permission and in view of the costs involved in the application and subsequent processing of that application this is a very expensive exercise. The particular development company is concerned not to incur vast expense in applying for planning permission if thereafter the Court was to refuse resumption for their development.
My purpose in writing to you is to let you know that the Court have considered this situation and have indicated that they would be content to process a resumption application without first having the grant of planning permission available through to the stage of a hearing if necessary and would then issue an interim order indicating whether the purpose was a reasonable purpose or not in terms of section 20 of the 1993 Act. Thereafter the Court would propose to sist the application until such time as planning permission has been granted. On the granting of planning permission the Court would issue a formal Order authorising resumption.”
K H R Graham
Principal Clerk
