CLASHINDARROCH- TIME FOR AN INJUNCTION

Hi All

OK, so enough is enough. As have said we would do, we have been chasing the authorities, collating evidence of condition breaches onsite and pushing as hard as we can, for those that are supposed to be there to protect the wildcat do the right thing. However, the logging continues and our patience has ran out.

We are now going launch legal action which will include a Judicial Review against Aberdeenshire council. We will be suing them. They are the ones who are allowing the development to take place and the more we dig, the more their conduct and decision making comes into question. They have signed off on planning conditions without the required information in place, they are allowing Vattenfall to then clear fell in clear breach of these conditions and y t they do nothing. As we have told them, every day that they dither, more wildcat habitat is lost. It is Aberdeenshire council that is allowing and indeed facilitating Vattenfall’s destruction of Scottish wildcat habitat.

As well as suing the council for allowing this development to proceed, we will crucially be applying for an injunction which should cause an immediate stop to all logging and development activities on the site. This is our aim and we are laser focused on it.

The stench surrounding this development is astonishing and the council are right in the middle of it. Transparency around planning applications is essential for public scrutiny. Well, how’s this for transparency????? The council originally assigned a reference to the Clashindarroch windfarm application. It was on a planning portal and we could see if and when any conditions were signed off. However, without any notification, the council assigned a new reference number and started signing off on conditions under this new reference. We and indeed the public did not know about this and so couldn’t challenge any decisions. We simply couldn’t see them. It appears to be an attempt to discharge conditions under the radar. Well, our legal team thankfully discovered this. The council have signed off a very important condition under this new reference. Condition 26. This refers to compensatory planting. The condition has been signed off but there are so many flaws and missing information in the compensatory planting plan provided by Vattenfall, that we strongly believe it should not have been approved. Importantly, without this condition no felling could take place, but once it was discharged under the radar, Vattenfall could then start the destruction.

Compensatory planting should take place on site or in the close vicinity of the development site. Of the sites submitted, we have discovered that one of the sites contravenes regulations as the soil is too poor to enable tree growth. Another site is unbelievably in Dumfries and Galloway, which isn’t even in the Highlands and there are no wildcats there. And a third site we know of is actually part of a government planting scheme. This is really important as this government planting scheme uses tax payers money, yet Vattenfall are proposing to assign part of it as contributing to their compensatory planting. It is against all regulations and likely illegal for public funds to be used to offset a private development in this way. Dodgy doesn’t even come close to describing what is happening here. Yet the council have signed all this off.

This is it, the gloves are coming off and we are taking this fight all the way. We are very confident that we have all the evidence we need to stop this now. By simultaneously suing and applying for an injunction, we literally can do no more.  This is the wildcat’s best chance and we need to grab it and pursue it with vigour.

We have already contacted the clerks for the Barristers and legal documents will be drafted and submitted as a matter of urgency.

As you can tell we are fired up.

It is not ok for a Swedish company to destroy Scotland’s wild heritage with impunity.

It is not ok for Aberdeenshire council to change application references, discharge wholly inadequate conditions and allow Vattenfall to act with impunity.

It is time for this madness to stop and for the wildcats to have the peace they so desperately need and deserve. Please as you always do, join us and help us to win this battle once and for all. Here is the link to our legal crowdfunder:

https://www.crowdjustice.com/cases/my/

Sincere thanks as always, your support means the world to us. We love these wildcats and we know you do to. They need our help more than ever.

Lots more updates to come so keep watching,

Very best wishes

Emily and a very fired up and confident Wildcat Haven Team.