The Inner House of the Court of Session refused a challenge by the charity against the Neart na Gaoithe offshore wind farm on Wednesday, clearing the way for construction of the 450MW scheme to begin in 2018.
The project has been stalled for more than two years after RSPB Scotland took legal action against the developer Mainstream Renewable Power as it claimed the development threatened to impact on wild birds such as puffins, gannets and kittiwakes.
In 2014, The Scottish Government consented to four major windfarms, the Inch Cape, Neart na Gaoithe and Seagreen Alpha and Bravo projects, in the Firth of Forth and the Firth of Tay.
RSPB Scotland successfully won a judicial review against the schemes in 2016. However, the judgement was overturned on 16 May this year following appeals by the Scottish Ministers and the developers.
-- Advertisement --
Now, the court of session ruled it was refusing an application by the charity for the case to be sent to the supreme court.
Andy Kinsella, Chief Operating Officer of Mainstream, said: "After more than two years and two court hearings, we hope that the RSPB acknowledges a fair hearing and allows us to get on with delivering the very significant benefits this project brings to the Scottish economy and its environment.
"Once constructed this £2bn project will be capable of supplying 325,000 homes – a city the size of Edinburgh – with clean energy.
"It will create more than 500 direct jobs during construction and over 100 direct permanent jobs once operational. £540 million will be directly invested in Scotland during the construction phase with a further £610m during the operational phase. We are delighted with the decision and look forward to working constructively with the RSPB to take the wind farm into construction next year."
Anne McCall, director of RSPB Scotland, said: "While disappointed by the court of session decision it is not wholly unexpected. We will now take time to consider the details and determine our next steps.
"The existing consents, if implemented, could have a significant impact on Scotland's breeding seabirds but we are hopeful that by continuing to work with all the developers we will be able to reduce those impacts."
(LM/MH)
