THE Scottish Government has been accused of acting illegally in its dealings over a highly controversial wind farm.
Local councils in the Borders believe rules have been broken because government officials have been in discussion with the Ministry of Defence about the wind farm "in secret".
The Ministry of Defence opposed plans for the 48-turbine Fallago Rig
wind farm in the Lammermuir Hills during a public inquiry to decide whether the application should be approved. It was worried the turbines could interfere with radar signals.
However, it has come to light that since the public inquiry finished 15 months ago, the planning consents team at the Scottish Government has been in discussions with the MoD and the applicant.
This has led to claims that the Scottish Government was trying to influence the result of the inquiry so that the wind farm could go ahead.
The Scottish Government has denied any wrongdoing and there has not yet been a decision on the proposal.
In a letter to energy minister Jim Mather, Dave Lochead, chairman of Cranshaws, Ellemford and Longformacus Community Council, said: "We are extremely concerned about the abuse of inquiry procedure by the government to apparently achieve an outcome to suit its policy objectives in this area."
He added: "It appears that the government is willing to over-ride the proper planning procedure in support of their wind energy policy objective in the case of the Fallago Rig application."
The Scottish Government has insisted it was adhering to the rules in the Town and Council Planning Rules 1997 when it communicated with the MoD.
However, Scottish Borders Council senior solicitor Nuala McKinlay said in the letter: "I have taken the opportunity to review the 1997 rules and struggle to find within those rules any legal explanation or justification for events that have taken place since the inquiry closed."
And Morag Ferguson, corporate legal adviser at East Lothian Council, criticised the government's behaviour, that had allowed parties to "submit additional information in private without any other party, nor, indeed, members of the public, having an opportunity to hear this new 'evidence'."
Mark Rowley, vice-chairman of Cranshaws, Ellemford and Longformacus Community Council, added: "How can we trust ministers to make fair and impartial decisions when they operate in secret?
"This is an exceptionally contentious wind farm proposal in an area increasingly blighted with wind farms."
A Scottish Government spokesman said: "We have acted entirely within the rules.
"Ministers wrote to Defence Estates and North British Windpower Ltd in October 2008 offering them an opportunity to supply further information which was now available, with regard to a possible mitigation of impacts that the Fallago Rig wind farm development may have on the Brizlee Wood radar. We understand that both parties have held discussions in relation to this request, although neither party has yet responded.
"Should there be any new evidence that ministers need to consider in relation to the determination of the wind farm application, then, in line with inquiry rules, we will write to the applicant, the planning authority and all parties offering them opportunity to comment."
