A LEADING crofting lawyer has advised that the anomaly of the 500 acre Cross-Skigersta estate in a crofting community ‘should be drawn to the attention of Ministers at the earliest possible opportunity.’  Derek Flyn of Macleod & MacCallum, Solicitors of Inverness, acknowledged by the Law Society as a specialist in crofting law, has advised that ‘there is no logical reason for excluding the Cross-Skigersta holdings from the Galson Crofting Community body’.

In a letter to the Steering Group he states:
‘The question is whether a crofting community body is to comprise only crofting townships within an existing estate or is the wording of the Land Reform Act flexible enough to include (a) non-crofting townships and their occupants and (b) townships and tenants of contiguous or adjacent estates. In the present case the question is whether the occupiers of the fishermen’s holdings at Cross Skigersta (who are of like economic status as crofters) should be included in the Galson Crofting Community Body.’ 

Mr Flyn draws attention to the provisions of the Land Reform Act which allows ministers to approve the definition of the crofting community.  On the formation of the Galson Estate Trust he comments; ‘The company which is being formed is intended to include and unite the whole community in the Galson area. It will, of course, become the crofting community body if required for the purposes of the Act.  It is the vehicle by which the crofting community can apply to buy eligible croft land (e.g. Galson Estate) but that is not its only purpose.

The area of benefit is the Galson area and this includes all the crofting townships there. It must also benefit the occupiers of the holdings at Cross-Skigersta. In my view the purpose of the legislation is not to limit activity but to encourage it; not to fix communities but to allow them to develop’.

The question of whether tenants of the fishermen’s holdings can be classed as crofters is not addressed. Many Cross-Skigersta residents, who make up one fifth of the population of Ness, are of the view that full crofter status, with equal rights to the common land, is the only way forward.

The North Lewis Wind Farm Debate
Join the fios ballot and make sure you have your say

A show of hands at meetings and postal ballots are the usual ways to arrive at decisions on community issues. Clearly postal ballots are very expensive but are likely to deliver more accurate results , as was evident from the 2001 ballot on the Ness-Tolsta road link.  This issue had been on the agenda for decades and a ballot of households in Ness and Tolsta gave a return of 466 people from Ness in favour of the link (86%) and 75(14%) against it. A very clear majority by any standard and quite an achievement to get over 500 people from Ness to give an opinion – this level of response could never be obtained at a public meeting.  Unfortunately we will NOT have a formal vote on the proposed wind farm but fios readers are encouraged to let us know their views by completing the form enclosed with this issue. To ensure that results are as accurate as possible we will only count votes made on the paper provided.

Below are some, but by no means all, of the argumnets for and against the proposed development. Maps and other details of the windfarm have been published in earlier issues and, on the basis of the information available, you are invited to answer the question: ‘Are you in favour of the Lewis Wind Power proposed windfarm on the Galson, Barvas and Stornoway estates?’  By placing an X in the appropriate box and returning the form to Fios, Ness Hall, NESS, Isle of Lewis, HS2 0SW in the stamped envelope provided, you too will be able to have your say.  Responses by 1 June please. We will also welcome votes by email from subscribers to the electronic version of fios.

The great debate on windfarm developments on Lewis

Estate Trust established

URRAS OIGHREACHD GHABHSAINN, the Galson Estate Community Trust became a legal fact last Monday evening, 17 May, when the new company’s memorandum and articles were signed by the steering group’s Chairman and Secretary, James MacDonald and Neil Finlayson, who are standing in as interim directors. Urras Oighreachd Ghabhsainn will be registered as a charitable company limited by guarantee with Companies House in the next few days and the pipe dream for which the steering group has worked so hard, will become a very definite, reality.

Steering Group Chairman James Macdonald told fios, ‘this is an exciting moment for everyone involved and will herald a lot of activity over the coming few weeks. Now that the Trust is up and running, we will be recruiting members and electing directors.

The feasibility Study is due to be unveiled by consultants Strutt and Parker and this will give us all a chance to see for ourselves the true possibilities of community ownership. The new post of Community Buy-Out Co-ordinator should be up and operational by the end of June and will provide a central point of contact for all enquiries about the buyout.

Mr Macdonald outlined the next steps in the drive to ensure the whole community has an opportunity to take part in the process. He said: “We will petition every eligible member of the community to join us. Membership of the new company is open to all residents in the Ness to Upper Barvas area, as well as Galson Estate croft tenants who reside within 16 kilometres of the estate’s boundary. House occupiers on adjacent land that shares a common boundary with croft or grazings land on the Galson Estate are also eligible for membership.  However, one over-riding consideration is that persons seeking membership must be registered on the electoral roll and be entitled to vote in Comhairle nan Eilean’s local government elections.”

The Trust will shortly be issuing a newsletter to every home explaining the procedure. Mr Macdonald added, “as always the steering group will be more than happy to help with any enquiries”.

LOCAL MEN Angus Smith (Dell), James Macleod (Swainbost), Donald Mackay (Galson) and Angus Morrison (Airidhantuim) joined a 16-strong party of community council representatives on a visit to a working wind farm in the north of England on Wednesday.

AMEC subsidiary Lewis Wind Power organised the trip to let local people see and hear for themselves what wind turbines in action are like. The visit centred on the High Volts Windfarm near Hartlepool which has three turbines of a similar size to those proposed for the Galson Estate. Also making the trip, were representatives of the Stornoway Trust who had independently chartered a plane from Stornoway Airport.  The Community Council representatives left for Hartlepool on Wednesday and returned on Thursday. A full report of their findings will be published in the next issue of Fios.

At a meeting in Lionel School on Tuesday, 4 May, crofting representation from the entire Galson Estate area met to discuss the way forward in the face of growing concerns and uncertainty about the wind farm development. Representatives from Ness General, Upper Barvas, Ballantrushal, Galson Moor, and Galson thrashed out a course of action which would give voice to the entire crofting community and present a united front in all future discussions with Lewis Wind Power.

No firm decisions have yet been made but many of the townships have agreed with the development in principle with certain reservations regarding the proximity of the turbines to the houses. At present, South Dell has decided to raise its objection to the wind farm, while Galson, has given its full backing to the development as it now stands. 

Although the local crofting lobby’s final position with regard to the wind farm has yet to be clarified, the meeting on Tuesday did make several decisions that will shape future discussions with the developers.  The map released by Lewis Wind Power last week gives a clear indication of where the turbines on the Galson Estate are likely to be sited and, in a few cases, the turbines are placed as close as 1.5km to the nearest homes. The group intend to write to Lewis Wind Power and ask that some of the turbines closest to nearby houses be moved.  The decision was also made to request, on behalf of the entire crofting community, that the Heads of Agreement already signed between the estate and the developer, be made public. As yet, neither the soon to be established Galson Estate Trust, nor the crofting community have any firm idea of how the payment from the proposed development will be structured.

The committee made a unanimous decision to temporarily withhold distribution of the Peatland Management Scheme funds with the view to hiring a lawyer to look into the crofters’ legal position and make sure that all alternative options to full resumption were properly investigated. Lewis Wind Power parent company AMEC are to be approached with regard to setting up a crofters’ fund for legal representation as soon as possible and it is hoped that the lawyer’s fees will be paid from this sum.

The chairmen of both Ness General and Galson Moor have urged all townships to hold further meetings to discuss the development with their own shareholders. Ness General Chairman, Angus Maclean added, “The wind farm issue is picking up speed. I suggest it is of the utmost importance – for our generation and the next – that we are up and running with it. We must all work together and ensure our crofting interests are not left behind.”

Public consultation on proposed community buyout

THE Galson Community Land Ownership Steering Group is currently awaiting a report on the feasibility of community ownership of the Galson Estate. The study is being carried out by Aberdeenshire based chartered surveyors, Strutt & Parker, who recently made a factfinding visit to the island during which they met community and crofting representatives. The Steering Group has also secured the services of crofting law expert Derek Flynn of Inverness based legal firm, MacLeod & McCallum.

Though future renewable energy projects on island estates have received much publicity over the past year, consultants Strutt & Parker have been instructed to assess the viability of a community owned estate that would not necessarily receive lucrative revenues from future windfarms.  As part of the consultation process, the Galson Community Land Ownership Steering Group will be hosting public meetings on Tuesday 20th April and Wednesday 21^st April at the Ness Hall and Airidhantuim School, respectively. 

Though it is unlikely that Strutt & Parker will have completed its report by these dates, the Steering Group is anxious to keep crofters and residents fully informed on progress and to offer the public every opportunity to offer its views and contribute to the consultation process.  It is anticipated that these and future public meetings will enable crofters and those living on the Galson Estate to explore all the issues relating to a community buyout, including the establishment of a Trust to manage the affairs of a new community owned estate.

The Ness General Grazings committee at its meeting on Tuesday agreed in principle to the proposal but recommended that the test site be away from peat banks and back filled with hard core. This did not imply that any new test site was agreed as a location for a turbine.  Tom Brinicombe, Wind Energy PR and Communications Officer for AMEC Project Investments Limited issued a statement last week apologizing ‘for the apparent haste that has caused annoyance within the local community’.

However LWP this week said that the information they would have gleaned on peat and rock structures was not absolutely necessary prior to submitting the planning application but that they may be asked to provide this information by the statutory bodies at a later date.  LWP has also given an assurance that they will forward the plans for turbine locations and access roads to those with a crofting interest to get their views before they submit their planning application. It is understood that these plans are now almost complete.

The 16 x 16 x 5m ‘footprint’ of one of the 300 wind turbines

In the footsteps of giants LEWIS WIND Power (LWP) hosted a public meeting at Lionel School last Monday and over fifty people gathered to hear what little new information the energy giants had to offer. Despite being only three months away from their planning application and having spent £3 million on the project so far, LWP appear to have made little headway in the public consultation process and have still to make any formal contact with the crofting bodies whose agreement will be crucial to them in the coming months.

John Price of AMEC confirmed that LWP had signed ‘Heads of Agreement’ with the Galson Estate which he believed would be legally binding were the estate to change hands and would preclude other wind farm developments going ahead on the estate.

A map showing where the 120m high turbines are likely to be placed was presented at the meeting and can be viewed at Ness Hall. Photographic material was also shown, see above, which gave an idea of the sheer scale of each structure. Mr Price advised that the ‘footprint’ of each of the 300 turbines was 16 x 16 x 5 metres, which, together with around 150km of 5m wide roads, would take a substantial amount of land out of crofting tenure. Mr Price reaffirmed the company’s wish to use island based quarries to produce the massive tonnage of rock required for the ground work.

The total project cost is estimated at £400 million and the farm is expected to produce an annual income of around £90 million each year of its minimum 20 year life. Mr Price stated that the total output of the farm was expected to be around 600 megawatts per year and confirmed that Galson Estate had agreed a minimum community payment of £1000 per megawatt installed. He also estimated that up to 20% equity could be made available to the community if it chose to invest in the project. 

The wind farm is expected to make a major contribution to the UK’s green energy production targets and, as Mr Price was keen to point out, could generate hundreds of jobs on the island while construction was under way and a further 30 permanent maintenance posts once the farm is up and running.  LWP were unable to comment on the details of the studies so far commissioned but did promise that all studies would be available to the public when the planning application is lodged in June.

Questions were asked concerning LWP’s commitment to the North Lewis Community and to public consultation in general; one web literate member of the audience pointing out that the company had failed to update its own website since May 2002. Another member of the audience asked about LWP’s ability to run such a major project when its founding company, British Energy, had only recently been bailed out by the government after going into administration.

Recent press coverage has highlighted the Royal Society for the Protection of Birds position on the Galson Estate development and this has the potential to jeopardise the LWP planning application. The RSPB have serious concerns for the important populations of Red and Black Throated Divers, Golden Plovers, Dunlins and Eagles that are found in the Special Protection Area of moorland on which many of the turbines are to be built. Asked how confident he was that the project would still go ahead, Mr Price replied, “We are very confident that we will achieve planning permission in June. Perhaps less confident that the Scottish and Southern inter connector will go ahead quite so smoothly because of planning issues on the Scottish mainland.”

New wind power alternative on the cards?

A NEW NAME has emerged on the ever expanding renewable energy market which could not only provide an alternative to the vast development now proposed by AMEC but could add up to a better deal for the entire community.  North Wind Energy (NWE), a new company with strong island connections, has written to the Ness Community Council offering to facilitate a small 5-10 turbine development which could pay out significantly greater community dividends while reducing the environmental impact on the site.

Alternatives to the scale of development now on the cards with AMEC have always been dismissed because a new inter-connector to transport electricity back to the mainland grid could not be justified without such a big development going ahead. NWE ,however, believe their proposals could go ahead with the infrastructure that is now in place.  Stewart Henderson of NWE spoke to Fios this week, saying “We would be interested in delivering a small 5-10 turbine scheme and do not see the absence of a new interconnector as any real bar to such a development being achievable.”

The development proposed by energy giants AMEC would involve the installation of 300 giant 2MW turbines, each producing 7000 MW each year, worth in the region of £320,000 – that’s £96 million profit for AMEC each year. The current AMEC deal on offer is expected to yield a community dividend of around £1000 per year per MW, an annual total of around £300,000.  In addition, the estate owners and the crofters would split an additional payment between them.

NWE are proposing to develop a small 10MW farm on the moor, generating around £1.6 million each year, split equally between the community, the estate owners and the development financiers to produce an estimated community profit of over £530,000 each year.  At last week’s meeting of Ness Community Council it was agreed that further information would be sought on the new proposals.

New status for Stiapabhat  (13 February 2004)

SCOTTISH NATURAL HERITAGE have just announced an award of £3000 to Comunnn Eachdraidh Nis for the installation of a bird hide and suitable signage at the Loch Stiapabhat site in Knockaird.  The announcement follows further awards from the Comhairle’s Community Economic Development unit, the Ness Gateway Project and from CEN itself, to secure funding for the entire £10,000 project.  The new hide is the first step in achieving proper recognition for this important site which is due to be granted ‘Local Nature Reserve’ status later this year, the first award of this kind in the Western Isles.

Andy Robinson of SNH explained, “Stiapabhat is a very rare habitat in Lewis terms, enriched by machair sands, its surrounding vegetation provides important coverage for many species of birds, including the ever dwindling Corncrake.”

John Maciver of CEN was delighted that the project had received the final go-ahead, saying “An open meeting will now be convened and a managament committee established to take this exciting project forward. This new status will come with new responsibilities and SNH, the Comhairle and the Galson Estate, our partners in the project, will all have a responsibility to ensure the reserve is well managed and well promoted at a national and international level.”

Strutt & Parker, the consultants appointed to undertake the study, were due to meet with the Steering Group on Wednesday, 28 January, but were stranded in Ullapool due to bad weather. The meeting went ahead with Sandra Holmes, Community Land Advisor at the Scottish Land Fund and Derek Flynn, the group’s solicitor, and kicked off a number of discussions to be held in the community and to cover a wide cross section of the inhabitants.

The Steering Group would welcome any input or questions appertaining to the buyout. Members of the committee can be contacted via NDC on 810800.

Fios - Ness Community Council news (16 January 2004)

Representatives from the Land Buyout Steering Group raised the important issue of land resumption in the ongoing negotiations between the Galson Estate and Lewis Wind power.

It appears that agreements are now being signed between the estate and the developers that could result in a large area of crofting land being resumed from crofting tenure without the prior consent of local crofting bodies. The Community Council will be writing to the owners of the Galson Estate to request an urgent meeting and demand that the local community be given a seat at the negotiating table.

The Steering Group also confirmed that the Feasibility Study into the possibility of a community land buy-out was due to commence next week and that £10,900 had been secured from the Community Land Unit for that purpose.

Fios - land ownership bulletin (02 January 2004)

Some questions and answers about local ownership of the Galson Estate

As a result of meetings held recently at Ness Development Centre, Dell, and Airidhantuim School, between members of the Galson Community Land Ownership Steering Group and representatives from the Townships Grazings Committees, a wish was expressed for greater public awareness on the implications of the Community Buyout. With this in mind the Steering Group list the following “Frequently Asked Questions”.

Lewis Wind Power offer snubbed (19 Dec 2003)

Ness Community Council has recommended that the Wind Farm Community Benefit Group reject the offer of £5000 made to it by Lewis Windpower Ltd.

Following discussion at Tuesday’s public meeting, John MacIver chair of Ness Community Council said: “This Council was democratically elected by the people of Ness and our unanimous decision this evening is that the Windfarm Benefit Group, acting on behalf of the community, should reject this offer.” 

The three members of Ness Community Council on the group are Neil Finlayson, James Macleod and Norman Thomson.

The letter from Simon Fraser, Galson Estate factor, which was before the meeting also stated: “The value of the community benefit which has been secured by the estate, (acting along with Barvas Estate and the Stornoway Trust) will ensure that a minimum of around £1000 per annum per installed megawatt capacity will be paid to the community within the estate area. In Galson Estate I estimate that this could possibly yield over £200,000 each year once the windfarm is in production.”

The meeting was informed that there had been no community representation at these negotiations with the windfarm developer and there was concern that the offer now on the table would prejudice any future negotiations. 

The letter from the Estate does not state how much the land owner is set to benefit but previous estimates were £400,000 per annum. Some members expressed strong views on the issue and in particular the present provisions which enable land to be taken out of crofting tenure (resumption).

Stormy times ahead for Lewis Wind Power (21 November 2004)

At two public meetings in Airidhantuim and Lionel schools on Wednesday evening, local people had the opportunity to air their views on the proposed development of a Lewis wind farm. Around thirty people turned out at each meeting to hear Lewis Wind Power (LWP) partners Amec present their development plans for the area. The company has completed initial environmental and technical surveys and although they have now outlined the site for the farm, they have yet to confirm the actual positioning of each turbine.

The proposed area covers land under the Stornoway Trust and both the Galson and Barvas estates. LWP plan to submit their formal planning application in June 2004 and the planning process is expected to last twelve months. The application will include the exact location of each turbine and will be available for public consultation as part of the formal planning process. Planning permission must be approved by both Comhairle nan Eilean Siar and the Scottish Executive and the crofting community will have the right to veto the development if the majority so chose.

The project depends on the installation of sub-sea cabling that would connect any Lewis produced electricity to mainland Scotland. The cable is to be installed by Southern and Scottish Energy PLC who are providing the interconnector as part of their own development plans. Southern and Scottish will also have to obtain planning permission for the cable itself and while it is believed that the relevant planning bodies will hold no opposition to the cable as such, there could be some resistance to the erection of the new pylons required to carry the electricity through the mainland Highlands.  If it goes ahead, the wind farm will be the biggest of its kind ever constructed. LWP hope to erect around 300 of the turbines spread evenly throughout the three estates.  Each one would stand around 120 meters tall, and would include a 80m set of blades turning at around 25 revolutions per minute.  The turbines would be set 500m apart and be positioned at least 1.5km away from any house.

Concerns were raised at both meetings about the levels of noise pollution, which would result from the development. John Price of Amec was insistent that noise levels in residential areas could be guaranteed to remain at or below 35 dba, a figure set to represent “a quiet bedroom”.  At the Lionel meeting, John Macritchie questioned the Amec team over the huge hard core requirements for the project, estimated to be around 1.5m cubic tonnes. The access roads for the site are planned to follow a spinal route running east of the main Barvas to Ness road, accessed from some point near the Barvas end of the main Stornoway road - and at almost 5m wide they will require a lot of rock. It is expected that island quarries will be developed to supply this huge demand, but LWP Project Manager Louise Pepper stated that the final plans for procuring that stone had not been completed but would be detailed in the planning application.

The question of decommissioning the windfarm at the end of its twenty year expected life span was raised by several members of the audience at Airidhantuim.  Amec representatives confirmed that the landowner had exacted a guarantee from LWP in the form of an insurance policy that would cover the cost of decommissioning should the company fold and be unable to pay for dismantling site itself.

At both meetings the thorny question of money was raised again and again. LWP confirmed that 96% of the expected profits from the development would stay in the LWP purse but insisted the small 4% remaining cash would bring huge dividends to the community.

The development is expected to cost LWP a total of around £450million and include a loan to value rate of 80%, despite this, the project is expected to net them around £1.4 billion over twenty years. The remaining 4% will be divided between the landowners, the crofters and the community.

The Estates will receive an annual income based upon a set rental charge, together with a small percentage of each KWh of electricity sold. The crofters have two options available to them. The land on which the turbines and access roads are to be built can be resumed from crofting tenure and be given back to the estate owners who will then rent it out to the developers. The land would no longer be in crofting tenure and would net the crofter a one off capital payment to be decided upon by the land Court. The second option would require new legislation, but would allow the crofter to keep the land in question and rent it out to the developers themselves, earning 50% of the annual £1.25 million rental figure. At the end of the twenty year project, the land would revert back to the crofters who could then re-negotiate for any new wind farm development.  A further £200,000 is expected to be paid on an annual basis to an as yet unspecified community fund. That money would be available to the entire community and would be managed in such a way as to benefit all those who live on the estates in question. Although many non-crofters would be living in the shadow of the turbines, they would have no legal right to any of the rental income from the farm.

Katie Mary Mackenzie raised the possibility of rejecting LWP’s plans in favour of a smaller scale, community owned wind farm. A fifteen turbine development would cost in the region of £15m, much of which could be funded through a number of community renewables grants.  Simon Fraser will be meeting with the grazing committees early next week to ensure the crofters obtain the best possible deal for the community if the farm does go ahead.

The results of the planning application are not expected until June 05 and even if permission is granted and the project does go ahead, work will not start until well into 2006. LWP will be hope to hold monthly public meetings from now on.

Community buy-out one step closer  (7 November 2004)

Galson Estate Crofting Community Land Ownership Steering Group this week sent out an invitation to tender for the feasibility study that will form the basis of any future bid to buy the land. The brief has been developed by the Group after close consultation with the community and with assistance from both the Community Land Unit and the Renewable Energy Unit.

The Group announced that six separate consultancy firms had been invited to tender for the job and a response has been requested by the end of this month. A decision will be made soon after and a full feasibility study will be carried out over succeeding months with a report expected to follow in the first quarter of 2004. Public meetings will be held during this period and the final report will be circulated widely in the community.  If the feasibility study proves a worthwhile case for community ownership then a full ballot of the entire community would follow.  Pending the results of this ballot, a formal application to buy the land would be lodged with the Scottish Executive. If in agreement, the Executive would order a valuation of the land and the community would then have 21 days to fully commit to its purchase - and a further 6 months to secure funding for the asking price. Although the Scottish Land Unit would fund most of the cost, the community would have to come up with 6% itself. 

James Macdonald, Chair of the Steering Group, commented: “Following wide public consultation in the first half of 2003, the Steering Group has been beavering away in the preparation of this brief and of relevant background material. This feasibility study is a crucial stage for us and prepares the way for what we believe will be a strong vote for Community Ownership of the Galson Estate”.

With Europe’s largest wind farm still very much on the cards for both Ness and Barvas, and the prospect of over £1 million of rental income up for grabs each year, the question of who owns this land remains a crucial issue.  AMEC were due to have lodged their planning application last month but progress has been slower than anticipated with a mountain of regulations to be climbed. The project is also dependent upon the new sub-sea connection to the mainland grid which power giant Southern and Scottish Energy PLC are committed to providing.

Following the offer by Barvas and Galson Estates to set up a community trust fund, public meetings were held throughout the west side last week. At the Ness Community Council meeting on Tuesday, there was strong criticism of the landowners for negotiating with the windfarm developers without consulting the crofters or the wider community.  Later, at a joint meeting of representatives from Ness to Shawbost, the view was that the community should not be rushed into forming a trust at a pace to suit the landowners and developers, which might cost the residents in the longer term.  The community benefit working group has taken the first steps towards achieving the best deal possible for the communities of the Galson and Barvas Estates from the proposed wind farm developments.  This follows a series of rapid developments and the need for the community as a whole to play an active part in setting their own agenda for management of any benefits.

Special meetings were held through out area and representatives from the Barvas and Shawbost community councils will work with members of the community land ownership steering group representing the Ness and Airidh an Tuim community council areas. In this way, the land ownership question of the Galson Estate will remain an important part of negotiations without proving a barrier to working with others out with the estate to maximise the benefits for the residents of the four community council areas. The steering group also contributes the experience and knowledge about renewables gained in their work over the past eight months.

By working together the group want full community representation in negotiations between the developers, crofters and landowners - If genuine in their commitment to community involvement, AMEC and Lewis Wind Power should be amenable to this. Any windfarm developed will have an impact on the community for generations to come and any deals done now need the community’s long term future into account.

Galson and Barvas landowners offer £30,000 to start community fund  (04 July 2003)

THE OWNERS of Galson and Barvas estates have offered a joint payment of £30,000 to set up a trust to manage the community fund element of the proposed 600MW Lewis windfarm development.

At a meeting with the four Community Councils serving Ness to Shawbost, owners of both estates confirmed on Monday of last week that £10,000 would be made immediately available, with a further - £20,000 when the developer and estates had agreed the lease terms – expected to be within 3 months.

Sir Robert Clerk, factor of the Barvas Estate, was accompanied by two members of the Armitage family which owns the land.  Representing the Galson Estate were part-owner Sandy Graham and Finlay Boyd, a solicitor with Anderson MacArthur & Co.  Galson Estate factor Simon Fraser was unable to attend due to ill-health.

Sir Robert outlined the background to the proposed multi-million pound development on moorland owned by the three Lewis estates of Galson, Barvas and the Stornoway Trust. The developer – Lewis Wind Power Ltd - was expected to agree that between 2.5%-5% of income from the sale of the power generated would be available for distribution locally.

Apart from the landowner, other beneficiaries set to share revenues from the renewable energy development are: croft tenants on estate lands; people and amenities within the estates through income from a ‘community fund’; and a ‘planning’ fund, which would be paid to the Comhairle for use on local government financed projects throughout the Western Isles.

Sir Robert said: “The crofters and the estates get about the same amount, and the community fund would probably be about half of the landlord’s share.” Even with the smallest share going into a community fund, “it represents a massive input into the economy”.

He made it clear that no firm figures were available at this stage but sums of between £300,000 and 400,000 could be available to a Ness-Shawbost community fund annually for up to 60 years once the full installation was up and running, probably by 2010. There would also be payments each year in the construction phase, expected to be from 2006.

The factor confirmed what Lewis Wind Power (AMEC) had already stated at various public meetings that most of the moor is a specially protected area and development will have to be concentrated in a narrow strip between the protected area and coastal villages.  Within the protected area there is a special conservation area in which no development will be permitted. But there may be room for development outside this ‘strictly no-go’ area, though within the protected land. This is subject to negotiations with the environmental agencies.

Both estates were in favour of establishing one organisation to represent the communities from Ness to Shawbost. It was envisaged that this would eventually be a charitable trust managed by elected representatives from each area. A firm commitment to fund the set-up of the trust was given but it would be up to the communities to decide how to proceed.  

Responding to questions about where exactly the structures would be sited, the factor said that the location of each turbine would have to be declared in the planning application, which will be available to the community. This was a matter for AMEC, but he expected they would have the information sometime in the Autumn. He was aware that AMEC had stated there would be extensive consultation with all interested parties.

There was criticism from the floor of the failure of Galson Estate owners to meet with crofters and that negotiations had taken place with the developer and agreements made, without any consultation. Sandy Graham said that they had met the three Comhairle na Eilean Councillors for the area early on and had given details of the AMEC proposal. He said he was also prepared to meet crofting townships to deal with any questions.

Sir Robert stated that the compensation for crofters was likely to be set by the Land Court under existing provisions relating to resumption of common pasture which was under crofting tenure and would be discussed with the Barvas Estate crofters the following evening. Figures given at earlier meetings predicted that individual crofters on the Galson estate would be entitled to £1000 per annum and the three families which own the estate would share £420,000 from an installed capacity of 300MW.  Once the siting of turbines is agreed, more accurate figures will be available but the formula of 80% shared equally between crofters and the landowner with 20% for the community fund was likely to be followed. Responding to further questions about how the estate’s share would be calculated, the factor said: “It will be either a fixed rent or a percentage of the electricity generated.”

Other questions also focussed on the agreements between the landowners and Lewis Wind - how the 2.5-5% allocation was arrived at, was of particular concern to one individual.

Following the meeting with the landowners, the representatives of the community councils met to discuss the proposals. It was agreed that each of the four organizations would call a special public meeting in their own area to get the views of the wider community. One of the recommendations would be that two representatives would be appointed to represent each area in a group that would negotiate with the landowners and set up the community trust. It would be up to each meeting to decide if one community fund for Ness-Shawbost was appropriate. The Ness community is encouraged to attend a meeting in the Ness Hall on Tuesday 8 July where the potential benefits and environmental impact of wind power generation on the moor will be discussed.  Decisions made at the meeting could have an enormous affect on the area and its inhabitants for generations to come.

The big decision (23 May 2003)

THE possibility of a community buy-out of the Galson Estate came one step closer on Monday of last week when a public meeting in Airidhantuim School granted the go-ahead for a full feasibility study into the pros and cons of such a venture. Expected to cost between £8000 and £20,000, the study will be funded by HIE’s Community Land Unit (CLU) and should answer the many questions raised by the project and provide some much needed hard evidence.

Chaired by Steering Group Vice Chairman Donald A MacKay, the meeting was attended by Sandra Holmes of the CLU whose experience and expertise helped guide the successful buyout in North Harris earlier this year. Ms Holmes was keen to point out that at this early stage the community had nothing to lose by investigating the full potential of a possible buyout saying, “many people will still be undecided about the merits of such a proposal and quite rightly so – much more information is needed. All that is being asked of you now, is that you give it some thought - whether you are for it or against it, it is important that you become involved.”

The Steering Group leading the project began the process in March when a leaflet outlining the proposal was delivered to homes throughout Ness and the West side.  Mr Mackay accepted there were problems with distribution, “not everyone had a copy but of the 170 responses the group did receive, over 90% were in favour. A positive enough return to take the project on to the next stage.”

If the planned feasibility study can prove a worthy case for the takeover of the estate, the entire community would be balloted to gauge their response. If the majority were in favour, the community would form a limited company and then make a bid to the Scottish Executive to be allowed the right to buy. The exact percentage required will not be known until the details of the act are thrashed out over the coming months. If the case presented is strong enough to convince the Scottish Executive, the go ahead will be granted and the District Valuation Office will be commissioned to set a fair value for the estate.

The price of the land will not be known until after the application has been approved but is likely to include a considerable speculative price tag based on the possible development of the AMEC wind farm. When the valuation is published, the community would have 21 days to decide whether or not to commit to the purchase and then only a further 6 months to secure the necessary funds.

The Scottish Land Fund would provide most of the money needed to buy the estate but the community would have to find 6% of the purchase price itself. Given that our community could stand to make considerable profits if the wind farm goes ahead, the outside world might not be quite as generous with its donations as it was with islanders of Eigg.

If the buyout is successful it would be run by a community company, limited by guarantee to ensure that in the event of any future failure, the company members would be liable for only £1. The company would be non-profit making, ploughing any gains back into the estate and the community.  The legislation that will make all this possible is the new Land Reform Act which came onto the statute books in February this year but will not be operational until the Autumn when its full working code is published.

The act makes provision for two types of buyout - a Community Right to Buy which allows any community the right of first refusal if the land comes up for sale - and the Crofting Community Right to Buy which recognises the particular needs of fragile crofting communities by allowing them the right to buy with or without the landlord’s agreement. The provisions of the act will not alter in any way the rights of crofters nor will it have any affect on grant applications or any other crofting business.  Although it is assumed that any community bid for the estate would be a hostile one, it is not yet known whether the present owners, given the new law, would be willing to come to some amicable agreement.

The estate could stand to gain from an inflated land value based on the promise of a Wind Farm development which might never happen - if that promise failed to materialise and the land was not sold, the estate would return to its original, more modest value.

Public meetings will be held on a regular basis throughout the coming months and the steering group are urging as many people as possible to become involved in the process whatever their opinion - they are particularly keen to gain further representation from the crofting community. The group can be contacted through Fiona Cowan at Iomairt Nis.

The next meeting is expected to be in Ness Hall next month.

The news was given at a meeting in Airidhantuim school last week attended by around 70 local people. John Price of AMEC, the main developer of the proposed windfarm across the Lewis moorland, revealed that as most of the peatlands area is specially protected by European legislation, development at the northern end will be confined to a narrow strip between the villages and the protected area. He explained the need to reconcile the windfarm with the concerns of SNH, the Civil Aviation Authority and the MOD and confirmed they had now addressed most of the issues to the satisfaction of these various bodies.

Detailed surveys had been carried out on the habitat and flight activities of rare birds in order that the turbines can be carefully sited to have minimum impact on species like plover, merlin and diver which feed and nest in the area. However, further investigation of the road layout an