Onshore windfarms continue to be a key source for Scotland’s renewable energy generation.
This includes new projects like the Chleansaid wind farm in the Highlands, which received consent from the Scottish Government last year. With construction planned to begin in 2026 and the new facility set to become operational the following year, this development is expected to generate up to 100MW of electricity.
In common with other new onshore wind projects, Chleansaid will feature just 16 “super” turbines, with a maximum height of 200 metres (656ft) which can power an estimated 54,000 homes.
The model for this project, which will utilise bigger wind turbines to generate more power on a high-altitude site, is one that is increasingly being embraced by renewables developers in Scotland. While a 200-metre turbine will produce greater yields, transporting the blades of these large turbines to what are typically remote and inaccessible areas does, however, create significant challenges.
The blades cannot be folded or bent once constructed which places severe limits on the routes turbine delivery vehicles can take in reaching their end destination. Nor can large turbines be simply transported over the airspace of private properties to the site of a windfarm without securing rights to do so.
The requirement to secure overrun and oversail rights from private landowners, whose properties sit along the turbine delivery route to a proposed development, can add significant time and cost to a windfarm project. There is also a potential environmental impact as it may be necessary to carry out civil engineering works to widen existing roads and remove street furniture to enable the safe transport of these super turbines.
While some private landowners may not be willing to grant overrun and oversail rights to a windfarm developer, other landowners may already have granted exclusive rights to another developer. In such cases, the existing agreement would need to be unpicked before further rights can be granted.
There are also further instances where landowners seek to grant non-exclusive rights to a number of developers who share the same turbine delivery route by granting them leases of small areas of their land with ancillary rights over the rest of their land to enable access. In these circumstances, certain legal protections are required to safeguard the rights of each developer.
All of these potential obstacles bring with them the prospect of added time and money to a windfarm project.
In cases where landowners are unwilling or unable to grant the access rights required, developers can consider investing in blade lifting technology. The blade is raised or rotated which makes it easier to drive on narrow roads with sharp bends, whether in rural or urban centres. During their journey, the blades are transferred to the blade lifters to navigate the more constrained sections of the turbine delivery route. While this new technology is starting to be used in Scotland, it is not yet commonplace as it involves using specialist vehicles which are significantly more costly to run than standard turbine delivery vehicles.
The purchase of title insurance is a further option that will generally save time and resources for developers who are seeking an access agreement with a landowner who cannot be easily traced or contacted.
Going forward, we may also see the further use of compulsory purchase rights to enable the delivery of super turbines in Scotland. Developers who hold a generation licence have compulsory purchase powers under the Electricity Act 1989. While the use of these powers has to be justified and in the public interest, given the key role that windfarms play in contributing towards the Scottish Government’s carbon reduction targets and the transition to a net-zero society, there is a compelling case to be made.
As the development of onshore wind farms continues at pace across Scotland, large turbines will increasingly feature on many of these new sites due to the enhanced generation capacity they can deliver. Developers will therefore need to ensure they have the appropriate legal measures in place to get these turbines in place.
Claire Wallis is a partner and energy specialist lawyer at CMS
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