Anders Holch Povlsen says he won't appeal decision to allow Sutherland Space Hub to go ahead
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Billionaire landowner Anders Holch Povlsen has conceded defeat in stopping the UK's first vertical launch space port in the Highlands.
After his company's legal challenge was grounded by a judge last month, Mr Povlsen had 21 days in which to lodge an appeal.
His company Wildland Ltd said on Friday it had decided not to appeal – but it was still "deeply disappointed" by the decision.
However, it wanted to "work constructively with all stakeholders to make sure commitments made in connection with the development as consented, are kept or even exceeded".
Mr Povlsen, Scotland's richest man and largest private landowner, owns land near the proposed Space Hub Sutherland and has concerns about its impact on protected areas.
Wildland raised the legal action against Highland Council's planning approval.
But a judge has said he was "not persuaded" that the local authority had erred in law.
Lawyers for Mr Povlsen believed Highland Council's planning decision last year failed to take into account the risks to the local environment and wildlife populations.
The best course of action is that we work constructively with all stakeholders to make sure commitments made in connection with the development as consented, are kept or even exceeded
They argued that documents showed the authority did not appear to have properly considered the impact that people visiting the site could have on the area.
But in a judicial review judgement issued at the Court of Session in Edinburgh, judge Lord Doherty rejected the submissions made to him by Wildland's representatives.
He wrote: "I am not persuaded that the respondent (Highland Council) has erred in law. I am not persuaded that the respondent did not apply the correct test.
"In my opinion there is nothing in the appropriate assessment which suggests the existence of any such error, and there is nothing in the report of handling which causes me to conclude that the report led the respondent into any such error."
Public agency Highlands and Islands Enterprise (HIE) has proposed building the facility for launching small satellites on the A'Mhoine Peninsula, an area of peatland and crofts near Tongue on the north coast.
Tim Kirkwood, chief executive of Wildland Limited, said:"Although we were deeply disappointed at the outcome of the judicial review for the A’Mhoine spaceport and felt that a justifiable case was presented to the court, we have decided that proceeding to appeal isn’t the way forward.
"There remain deep reservations that additional, space-related development consents will be sought in connection with Space Hub Sutherland.
"We are mindful that extensive commitments have been made that the spaceport will be an exemplar for environmental sustainability. While we are still concerned that those objectives will be very difficult to meet in practice, the best course of action is that we work constructively with all stakeholders to make sure commitments made in connection with the development as consented, are kept or even exceeded.
"It remains absolutely essential that any wider benefits from the project truly don’t come at the expense of the natural environment and the vulnerable biodiversity it supports."
HIE has forecast the development would create 61 local jobs and 250 across the region.
The agency has said up to 12 rocket launches will take place at the site annually, with the first blasting off in the “early 2020s”.
Forres-based Orbex is planning to use it to send its Prime rockets into orbit, carrying commercial payloads into space.
Highland Council received 457 objections and 118 representations in support of HIE's planning application.
The local authority approved the plans in June last year and referred its decision to the Scottish Government for scrutiny.
In August last year, Scottish ministers said the plans did not require a decision at national level and should be dealt with by Highland Council.
Danish businessman Mr Povlsen, who is reportedly worth £4.5 billion thanks to his Bestseller and Asos retail empire, is Scotland’s biggest landowner, with more than 221,000 acres across 12 estates, including Strathmore, Ben Loyal and Ben Hope in Sutherland.
Earlier this year it was announced another of his companies, Wild Ventures, had invested £1.43 million in a proposed space centre on the Shetland island of Unst.
HIE is footing £9.8 million of the cost of developing the Sutherland facility and the UK Space Agency is contributing £2.5 million.
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