The 103-turbine development, run by community company Viking Energy, would be one of the largest in Scotland.
Ministers approved the 457MW wind farm last year, but Sustainable Shetland launched a campaign to challenge the decision. A length hearing was held earlier this year and today (Tuesday), Lady Clark of Calton said the Government had not complied with their obligations towards the Wild Birds Directive 2009. She stated they had not "meaningfully engaged" with the directive.
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She added: "This case involves a very large, multimillion pound development with important consequences.
"It is plain that this is a case in which it appears not to be disputed by anyone that whimbrel are a declining species in the UK with approximately 95% of 290 breeding pairs in Shetland."
In a decision letter regarding the project, the Scottish Government said it had given careful regard to the potential impact of the development on the environment.
The review noted that the Scottish Natural Heritage (SNH) was of the opinion that a reduction in the scale of the wind farm would still likely result in a significant impact of national interest on the conservation status of the UK whimbrel population, but it was added: "Ministers are not satisfied that the estimated impact of the development on whimbrel demonstrates such a level of significance."
However, Lady Clark said: "I am in no doubt that the complete failure of the respondents in the decision letter to address explicitly legal issues arising out of the Wild Birds Directive 2009 and explain their approach to the decision making in the case has caused great difficulty in understanding and dealing with their decision."
The Shetland News said neither Sustainable Shetland or Viking Energy were able to give a detailed response to Lady Clark's ruling, but would comment further in due course.
(JP/CD)
