An appeal is being heard in the Scottish Land Court in Edinburgh against the Crofting Commission's decision to reject applications by four crofting townships to develop community-owned wind farms on their common grazings under Section 50B of the Crofting Act. 

The townships of Sandwick North Street, Melbost and Brananhuie, Sandwick East Street and Aignish on the Isle of Lewis had vowed to appeal the Commission's decision, announced last September, and that appeal is now underway inside the Scottish Land Court in George Street.

A total of 21 wind turbines would be developed under the four schemes - plans which have brought the townships into conflict with Lewis Wind Power (EDF Energy and Wood) who also have plans for the sites and have a lease from landowner the Stornoway Trust.

The Crofting Commission rejected the four townships' applications last year on the basis of a set of objections from Stornoway Trust, which were submitted to the Commission a year late in three of the four cases. It is the Commission's rejection of the 50B applications which is being appealed.

Two days have been scheduled for the appeal and the Scottish Land Court have indicated it will make a decision in July.

The Stornoway Trust had lodged seven objections with the Crofting Commission against the crofters' applications to build their own community wind farms.

The Commission rejected six of the arguments by the Stornoway Trust but upheld the seventh, which the crofters are now appealing. The townships are arguing that the Commission's decision was invalid for various reasons - the most obvious being the late submission of objections. 

Objections are supposed to be submitted within 28 days and this is one of the points the Land Court will be considering in the appeal, among other arguments about whether the Commission had good grounds for accepting the late objections from the Stornoway Trust.

Rhoda Mackenzie, spokesman for the Four Townships, said: "We are glad it's reached this stage and are looking forward to a fair hearing from the Land Court because we don't feel we got it from the Commission. We don't feel that they followed due process as laid down in the Crofting Act. 

"This is an important case and it could be a landmark decision. We've always seen this as a test case, which could transform the rights of crofters to unlock the potential in their land."

Section 50B of the 1993 Crofting Act was passed into law in 2007 by the last Labour Administration in Holyrood with the intention of enabling crofting communities to use their common grazings for new activities - expected to be in the areas of horticulture, recreation and growing winter feed.

Most significantly, the clause stated that the consent of landowners was not required; the only caveat being that the proposed use should not be detrimental to the landowner.

The clause had never been tried until the Lewis townships decided to use it in a bid to develop community wind farms on their own common grazings.

They believe their wind farms would not be detrimental to the landowner, Stornoway Trust, as the Trust would receive rental payment from their community-owned schemes in the same way as rental payment from any other projects including those owned by Lewis Wind Power / EDF Energy.

Point and Sandwick Trust | www.pointandsandwick.co.uk