Local Authorities and Development Division (LAD).dot

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Business, Enterprise and Energy Directorate
Energy Networks Division

T: 0300 244 1085 F: 0300 244 1060
E: colin.imrie@scotland.gsi.gov.uk




Ian MacDonald Manson
Director of Legal Services
Scottish Hydro-Electric Power Distribution Ltd.
Inveralmond House
200 Dunkeld Road
Perth
PH1 3AQ


Your ref: C33302

5 February 2010

Dear Mr Marchant,

ELECTRICITY ACT 1989 AND TOWN AND COUNTRY PLANNING (SCOTLAND) ACT
1997
OVERHEAD TRANSMISSION LINES AT FORT AUGUSTUS SUBSTATION, INVERNESS-
SHIRE; LOCH KINARDOCHY, WHITE BRIDGE AREA; TULLICHVILLE, WESTER SHIAN,
AUCHILHANZIE/BELNOLLO AREA AND TEMPLEMILL AREA, PERTHSHIRE
SCOTTISH HYDRO-ELECTRIC POWER DISTRIBUTION LIMITED


Application

I refer to the applications, made on behalf of Scottish Hydro-Electric Power Distribution Ltd
(“SHEPD”), dated 28 September 2005 and received on 30 September 2005 for:


(i) consent under section 37 of the Electricity Act 1989 (“the Electricity Act”) to install, and
keep installed, above ground the deviations of existing overhead electricity transmission
lines in the areas of The Highland Council and Perth & Kinross Council, as described in
those letters and accompanying documents and in the paragraph ‘proposed deviations’,
below; and


(ii) a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997
(“the Planning Act”) that planning permission be deemed to be granted in respect of those
deviations of overhead electricity transmission lines.




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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                                    
www.scotland.gov.uk
Proposed deviations
Those sections of electricity line (“the proposed deviations”) which are the subject of the
applications are as follows:
      33kV overhead lines (No. 1 and No. 2) at Fort Augustus substation, Inverness-shire;
      33kV overhead line west of Loch Kinardochy, Perthshire;
      132kV overhead line at White Bridge area, Perthshire;
      132kV overhead line at Tullichville, Perthshire;
      132kV overhead line north of Wester Shian, Perthshire;
      11kV overhead line at Auchilhanzie/Belnollo area, Perthshire; and
      11kV overhead line at Templemill area between Crieff and Muthill, Perthshire.


Beauly – Denny line


On the same day, the Scottish Ministers also received applications from Scottish Hydro-
Electric Transmission Ltd and Scottish Power Transmission Ltd for consent under section 37
of the Electricity Act and a grant of deemed planning permission under section 57(2) of the
Planning Act. The Scottish Ministers note that those applications form two parts of a
proposal to install a double circuit 400 kV overhead transmission line from Beauly to Denny
(“the 400kV line”). The proposed deviations are required to enable the construction of the
400kV line.


Consultation


The Highland Council (THC) and Perth & Kinross Council (PKC), being the relevant planning
authorities, were consulted on the proposed deviations in their respective areas. The Ministry
of Defence and Historic Scotland were also consulted. No objections were received to any of
the applications; however THC recommended a series of safeguards to be implemented in
respect of the Fort Augustus deviations if the applications were to be approved.




Process


The proposed deviations were referred to the Directorate for Planning and Environmental
Appeals to be considered along with all other applications relating to the Beauly-Denny


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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                             
www.scotland.gov.uk
400kV overhead line proposal. The public inquiry into the 400kV line took place at various
locations along the proposed route on various dates between 6 February and 20 December
2007. The Report on the proposed deviations (“the Report”) was finalised and submitted to
Scottish Ministers on 2 November 2009.


Environmental matters


The Scottish Ministers do not consider the proposed deviations to be developments of the
type defined within either Schedule 1 or 2 of the Electricity Works (Environmental Impact
Assessment) (Scotland) Regulations 2000 (“the Regulations”). In considering the criteria of
Schedule 3 to the Regulations and the provisions of Regulation 3(3)(b) and 4, these
developments are not likely to have significant effects on the environment by virtue of factors
such as their nature, size or location. Consequently the developments are not classified as
developments requiring an environmental impact assessment.


The Scottish Ministers’ considerations


The Scottish Ministers have considered fully and carefully the applications and
accompanying maps, the representations received, and the Report. The Scottish Ministers
note that no objections have been raised in respect of the proposed deviations, although
THC recommended the implementation of a number of safeguards in respect of the Fort
Augustus applications.


The Scottish Ministers agree with and adopt the Reporters’ consideration of the issues
raised, their reasoning and the conclusions they reach, as summarised at p.3 of the Report.
Ministers accept the recommendations in that Report.


Determination


Subject in the case of Fort Augustus substation, Inverness-shire to the conditions set out in
Annex 2, Scottish Ministers, in exercise of the powers conferred by section 37 of the
Electricity Act 1989 grant consent to install, and keep installed, above ground an overhead
electricity transmission line as described in Annex 1. The consent may, after the expiry of a




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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                              
www.scotland.gov.uk
period of 6 months from the date of consent, be varied or revoked by the Scottish Ministers
under section 37(3)(b) of the Act at any time.


Subject in the case of Fort Augustus substation, Inverness-shire to the conditions set out in
Annex 2, Scottish Ministers, in exercise of the powers conferred by section 57(2) of the Town
and Country Planning (Scotland) Act 1997 direct that planning permission be deemed to be
granted in respect of the development described in Annex 1.


The Scottish Ministers direct that section 58(1) of the Town and Country Planning (Scotland)
Act 1997 is not to apply as respects that planning permission but that the permission is to
lapse on the expiration of a period of 4 years from the date of this direction.




COLIN IMRIE
Head of Energy Markets
The Scottish Government




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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                            
www.scotland.gov.uk
ANNEX 1
                                 Description of Development


Overhead Transmission Line

1    The deviation of overhead transmission line at:

       i. Two lengths of 33kV overhead line (No. 1 & No. 2) each over 250 metres at Fort
          Augustus substation, Inverness-shire;
      ii. 33kV overhead line over 920 metres west of Loch Kinardochy near the Schiehallion
          Road junction with the B846, Perthshire;
     iii. Two lengths of 132kV overhead line, each over 420 metres, at White Bridge near the
          Schiehallion Road junction with the B846, Perthshire;
    iv. Two lengths of 132kV overhead line, each over 350 metres, at Tullichville, west of
          Aberfeldy, Perthshire;
      v. Two lengths of 132kV overhead line, each over 620 metres, north of Wester Shian,
          west of Amulree, Perthshire; and
    vi. 11kV overhead line over 250 metres at Templemill area between Crieff and Muthill,
          Perthshire.
    vii. 11kV overhead line over 700 metres at Auchilhanzie/Belnollo area, east of Gilmerton
          near Crieff, Perthshire

all as specified in the applications for consent and planning permission made to Scottish
Ministers by Scottish Hydro-Electric Power Distribution Ltd and dated 28 September 2005.




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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                           
www.scotland.gov.uk
ANNEX 2

CONDITIONS
Part 1

1.1 The commencement of the Development shall not occur until a Construction Method
Statement (“CMS”) has been submitted to and approved by the Highland Council (“THC”)
after consultation with Scottish Environmental Protection Agency (“SEPA”) and Scottish
Natural Heritage (“SNH”).

1.2 The CMS shall include:
         a) Measures to safeguard archaeological features in the area as identified by
            Historic Scotland;
         b) Measures to protect water quality during construction work, including how this
            will be internally enforced and how predicted heavy rainfall events will be
            mitigated against in the maintenance regime;
         c) Proposals for the restoration of sites at which temporary works have been
            undertaken to their pre-construction state;
         d) Hours of working to be adhered to during all phases of the development;
         e) Measures to minimise the impact of noise, in terms of conditions 43 and 44 of
            the section 37 consent in respect of the Beauly-Denny application; and
         f) Any further mitigation measures originally set out in the Environmental
            Statement for the Beauly-Denny application which THC deem to be
            appropriate.

1.3 If, within 28 days following receipt of the CMS, THC has not confirmed to the applicant in
writing whether it requires any further information and if so, what the nature of that
information is, SHEPD may assume that the CMS is acceptable and they shall implement
the CMS in its entirety unless otherwise agreed in writing with THC.

2.1 The prior written agreement of THC shall be required in order to permit construction
traffic to take access over the minor Fort Augustus – Auchteraw road.




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5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                             
www.scotland.gov.uk
Part 2

Interpretation

‘Beauly-Denny application’ means the Application for consent and planning permission in
respect of the construction of a 400kV overhead transmission line between Beauly,
Inverness, and Denny, Falkirk, made to Scottish Ministers by Scottish Hydro-Electric
Transmission Ltd and dated 28 September 2005;

‘Environmental Statement’ means the Environmental Statement commissioned in connection
with the Beauly-Denny application to assess the environmental impact of that Development,
which accompanied that Application;

‘THC’ means The Highland Council;

‘SEPA’ means Scottish Environment Protection Agency; and

‘SNH’ means Scottish Natural Heritage.




                                                           
5 Atlantic Quay
150 Broomielaw
Glasgow G2 8LU                                                                        
www.scotland.gov.uk