Construction of the proposed Sutherland spaceport has moved a step closer after an appeal was rejected by a high-ranking judge.
A judicial review was called after Scotland’s biggest landowner opposed the decision by Highland Council to grant planning permission in August 2020.
Wildland Limited, owned by billionaire Anders Holch Povlsen, opposed the £17.3million development at A’Mhoine, near Tongue in Sutherland.
However, following a judicial review, Lord Doherty has opted to throw out Wildland’s case.
The judicial review took place between June 8 and June 11 this year as Wildland sought a reduction of the planning permission.
The land company argued the proposal had failed to consider the environmental impacts of proposed visitor facilities, how visitors would be managed and the impact on wildlife.
Wildland also questioned if the proposal failed to follow the correct legal procedures.
Petition refused
After hearing evidence at the Court of Session in Edinburgh, Lord Doherty said that correct procedure was followed and ruled against Wildland on every count.
The high-ranking judge was satisfied with the responses from the respondent Highland Council, and interested party Highlands and Island Enterprise (HIE).
Lord Doherty concluded: “I shall sustain the third to eight pleas-in-law for the respondent and the third to eighth pleas-in-law for the interested party, repel the petitioner’s pleas-in-law and, and refuse the petition.”
‘Game-changing moment’
Dorothy Pritchard, chairwoman of Melness Crofters Estate, said: “This is a game-changing moment for the local community here in Sutherland.
“We have worked tirelessly with all the stakeholders involved over the last four years to consider every stage of this development.
“Our priority has always been to ensure the close-knit crofting community, its stunning landscape, and native wildlife are protected under a proposal that would make this the world’s first working croft land and carbon-neutral space hub.”
She added: “This decision unlocks investment in a project that will undoubtedly secure a long-term future for our community, creating new job opportunities for the younger generation while also attracting new people and investment to the area.”
MCE say the creation of the spaceport is an opportunity to address a declining population and the decommissioning of Dounreay by providing opportunities locally.
What happens next?
HIE and MCE still have to wait before they can develop the spaceport.
The result of a Land Court hearing from May is still required before work can begin.
If approved, the Sutherland spaceport will become the world’s first carbon-neutral spaceport.
Around 200 jobs are expected to be created.
‘Another step forward for our plans’
A spokesman for HIE welcomed the decision.
“Naturally, we are delighted with this outcome, which brings the prospect of small satellites being launched from Scotland in the near future a step closer to reality.
“Space Hub Sutherland is a significant project that will provide high quality local jobs and create vital infrastructure to support the growth of the UK space sector in Scotland.”
He added: “Care for the natural environment has always been a key element of our plans.
“Our planning application included comprehensive survey findings and recommendations designed to minimise and mitigate any potential impacts on habitat, wildlife and birdlife.
“Today’s decision is another step forward for our plans to develop what we intend to be the world’s greenest spaceport.”
‘The countdown to space launch from the UK can begin’
Forres-based Orbex, who will launch rockets from the site, have welcomed the decision.
Chief executive Chris Larmour said: “This is extremely positive news for a wide variety of communities and businesses and paves the way for the pathfinder launch of small satellites from Sutherland Spaceport in Scotland.
“We’re especially pleased for the crofters of the Melness Crofters Estate, who will be able to protect and develop their community with modern jobs.
“Sutherland is still the only UK spaceport with planning permission and now, with this ruling, the countdown to space launch from the UK can begin.”
Wildland ‘surprised and disappointed’
Tim Kirkwood, chief executive of Wildland Limited, said he was “surprised and disappointed” by the judgement.
Mr Kirkwood said he hopes “sense will eventually prevail” as further work will be required for the launch exclusion zone.
The business chief believes a more “sympathetic development” would be of better value to the area, citing the business plan as “weak”.
Wildland have said they are particularly disappointed as the ruling comes just months before global attention is shone on Scotland as COP26 is held.
Mr Kirkwood said Wildland will continue to work with communities to improve “economic, social and environmental outcomes for all”, whilst working with nature.
He added: “At this stage we will take time to consider the ruling carefully and decide whether further steps are appropriate to provide the protection so urgently needed.”