Shetland windfarm - Viking Energy

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[stilldellin]

Quote :- Korean company Doosan blamed deteriorating confidence in the offshore wind market for its decision.

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-17767075

 

more and more companies seeing the light and giving up on this obsolete crap ! Give it another ten year then try again....

[orkneypaul]

For somene that kens nothing about crofting law can anybody put me right on this.

Under crofting law, the crofter is required to use all croft land either to cultivate the croft or for some other

“purposeful useâ€.

Cultivation is self-explanatory. “Purposeful use†is defined as any other activity that would not adversely

affect the croft, the public interest, the interests of the landlord (if any), and the use of the adjacent land.

Renewables and Crofting:

A Perspective on the Challenges for

Developers

© Wright, Johnston & Mackenzie LLP 2012 E: dmkg@wjm.co.uk W: www.wjm.co.uk

Based on that definition, developing a renewable energy project could certainly be considered to be a

purposeful use. However, the fact that the land is crofting land means you’ll need to take actions that

wouldn’t be necessary if the land were not crofting land.

Stage 3: What action do you need to take?

The type of action you need to take hinges on whether the crofter is an owner or a tenant.

A. If the Crofter owns the land

Where a crofter owns his land there is, of course, no third party landowner. However, the land is still

designated croft land and must be cultivated or put to a purposeful use by the crofter.

If an Option and Lease were entered into, to give a developer rights in respect of a renewable energy

development on the land, it would be the developer and not the crofter who was using the land for the

purposeful use. This is not allowed under crofting law.

To be allowed, either (a) the land will have to be de-crofted, or an application will have to be made to

the Land Court, by both the developer and the crofter, for consent to develop the land.

So if this were true then SSE holding a gun to the trusts head by saying we are building this whatever wheather you are in or out are taking a lot for granted .

Perhaps I missed all the decrofting notices but I am sure there are people out there who will put me right.

[MuckleJoannie]

Scottish and Southern Energy has reaffirmed its intention to build the Viking windfarm regardless of whether the Shetland community continues as its partner.

 

http://www.shetlandtimes.co.uk/2012/04/19/scottish-and-southern-well-go-on-without-you

[paulb]

For somene that kens nothing about crofting law can anybody put me right on this.

Under crofting law, the crofter is required to use all croft land either to cultivate the croft or for some other

“purposeful useâ€.

Cultivation is self-explanatory. “Purposeful use†is defined as any other activity that would not adversely

affect the croft, the public interest, the interests of the landlord (if any), and the use of the adjacent land.

Renewables and Crofting:

A Perspective on the Challenges for

Developers

© Wright, Johnston & Mackenzie LLP 2012 E: dmkg@wjm.co.uk W: www.wjm.co.uk

Based on that definition, developing a renewable energy project could certainly be considered to be a

purposeful use. However, the fact that the land is crofting land means you’ll need to take actions that

wouldn’t be necessary if the land were not crofting land.

Stage 3: What action do you need to take?

The type of action you need to take hinges on whether the crofter is an owner or a tenant.

A. If the Crofter owns the land

Where a crofter owns his land there is, of course, no third party landowner. However, the land is still

designated croft land and must be cultivated or put to a purposeful use by the crofter.

If an Option and Lease were entered into, to give a developer rights in respect of a renewable energy

development on the land, it would be the developer and not the crofter who was using the land for the

purposeful use. This is not allowed under crofting law.

To be allowed, either (a) the land will have to be de-crofted, or an application will have to be made to

the Land Court, by both the developer and the crofter, for consent to develop the land.

So if this were true then SSE holding a gun to the trusts head by saying we are building this whatever wheather you are in or out are taking a lot for granted .

Perhaps I missed all the decrofting notices but I am sure there are people out there who will put me right.

 

wrong the crofter commission is happy for a crofter to get a turbine installed. we have gone through them and they are very supportive. the only deal is that the land has to be restored after the turbine is removed.

[orkneypaul]

Yeah I ken hid, they are good at spouting hot air to frighten folk, but they canna have leased any land yet or we would be seeing the decrofting notices.

[orkneypaul]

Paul B,

how can I be wrong I wis asking a question not making a statment

[orkneypaul]

By the way paul B was that a peedie turbine or the Viking ones.

[paulb]

makes no diffrence the foot print of even a big one is only a matter of a few 10s of metres. ours will be a 5 kw when it gets built. alot less than a shed or other building. the ground has been leased to the company with the commissions approval. its important to relises that they help support crofting producing an income for the crofters.

 

if you were a crofter that was to hae one built on there land they would have a very good sorce of income.

[unlinkedstudent]

Dammit!

 

Signed: Ghostie.

[Ghostrider]

@ paulb: The hills, scattalds, where most of these VE beasts are allegedly destined come under different croft legislation than a croft itself.

 

It is land in common, and can only function under seperate rules. For example, under right to buy, a crofter does have a right to buy a specific tract of common grazing land, only the right to buy the grazings right within the overall scattald equal to x hectares/grazing of y livestock. In a regulated scattald there should be a grazings committee which should make negotiations easier, presuming they can reach an agreement among themselves first, and with the crofters they represent, in an unregluated scattald, its effectively a free for all, and every man for himself.

[Ghostrider]

if you were a crofter that was to hae one built on there land they would have a very good sorce of income.

 

Yeah, of course you will. Only until SSE'snumber crunchers tell them that having gotten the cable laid half way to Scandinavia already, the Norskies, Icelanders whatever, having smelt the money are willing to export hydro/geothermal/whatever at a consistent rate and at a cost that makes laying the cable over the second and importing from them more profitable than the ragged supply VE and the little ones in folks backyards, and mothballing the lot.

 

Good luck getting back in the black on your investment before that happens. I may be passing up my pension, but I'm risking nothing bigger than investing in a windspael to tell me the ert on mine.

[Kavi Ugl]

Yep, and my guess is it won't destroy thousands of acres of land.

 

http://www.bbc.co.uk/news/uk-politics-17694215

 

As far as Scottish & Southern pressing on wi the windfarm regardless of whether Shetland is involved, well this just smacks of bully tactics and shows how little regard they have for Shetlanders.

 

It has a whiff of the old "lairds" attitude about it.

[unlinkedstudent]

Scottish and Southern Energy has reaffirmed its intention to build the Viking windfarm regardless of whether the Shetland community continues as its partner.

 

http://www.shetlandtimes.co.uk/2012/04/19/scottish-and-southern-well-go-on-without-you

 

Bet they make lousy poker players.

[Ian_H]

And why shouldn’t SSE carry on themselves if the Charitable Trust pull out? There is nothing to stop them continuing. The full democratic process has been gone through; permission to proceed has been granted.

 

Let’s remind ourselves of the democratic process. Some local decisions are made at Community Council level. In a Shetland context, the majority of decisions lie with the Council. But bigger decisions rest with the Scottish Government, or at Westminster (or the EU).

 

A windfarm of the size of Viking is a Scottish Government responsibility, and they have made their decision and given permission. Unfortunately governments don’t always have unanimous support for the decisions they make, but that doesn’t make their decisions any less valid. Shetland is represented in the Scottish Parliament by 8 MSP’s, one dedicated and seven regional. They have approved the Viking winndfarm, as announced by the energy minister; that is democracy in action.

 

It won’t matter who is elected on 3rd May, this is not something that SIC can reverse, so candidates standing shouldn’t pretend that they can. So lets look forward and try to get it built with minimum disruption and maximum benefit to Shetland. The maximum benefit to Shetland needs the Charitable Trust to stay in and play a very active part in taking things forward. Yes, quite a number of people will be adversely affected, but if the CT stay in and things are approached correctly, there should be some scope to minimise the adverse affects in the detailed design and implementation.