Knocknagael to Tomatin 275kV Planning Statement

October 2015

Knocknagael to Tomatin 275kV

Planning Statement

Scottish Hydro Electric Transmission Plc.

Knocknagael to Tomatin 275 kV Overhead Line

Planning Statement

Published by Scottish Hydro Electric Transmission Plc.

Inveralmond House 200 Dunkeld Road

Perth PH1 3AQ

Authored by Jones Lang LaSalle

October 2015

Scottish Hydro Electric Transmission plc Knocknagael – Tomatin 275 kV OHL

LT000019 Planning Statement

CONTENTS

1 INTRODUCTION 1

1.1 BACKGROUND 1 1.2 THE PROPOSED DEVELOPMENT 1 1.3 ROUTE DESCRIPTION 2 1.4 TRANSMISSION LICENCE HOLDER OBLIGATIONS 2 1.5 APPROACH AND METHODOLOGY 3 1.6 CONSIDERATION OF THE DEVELOPMENT PLAN 4 1.7 ESTABLISHING THE RELEVANT POLICY BASELINE 4 1.8 STRUCTURE OF REPORT 5

2 ROUTEING AND ALTERNATIVES 7

2.1 INTRODUCTION 7 2.2 APPROACH 7 2.3 ALTERNATIVES 7 2.4 CONCLUSIONS 8

3 ENERGY POLICY AND NEED 9

3.1 INTRODUCTION 9 3.2 EUROPEAN ENERGY POLICY 9 3.3 UNITED KINGDOM ENERGY POLICY 10 3.4 SCOTTISH GOVERNMENT POLICY 11 3.5 CONCLUSIONS 14

4 NATIONAL PLANNING POLICY 15

4.1 INTRODUCTION 15 4.2 NATIONAL PLANNING FRAMEWORK 3 15 4.3 SCOTTISH PLANNING POLICY (2014) 17

5 THE DEVELOPMENT PLAN 21

5.1 INTRODUCTION 21 5.2 THE DEVELOPMENT PLAN 21 5.3 AIMS AND OBJECTIVES 21 5.4 RELEVANT POLICIES 24 5.5 CONCLUSIONS 34

6 CONCLUSION 35

6.1 INTRODUCTION 35 6.2 THE ELECTRICITY ACT 35 6.3 NATIONAL PLANNING AND ENERGY POLICY 35 6.4 THE DEVELOPMENT PLAN 36 6.5 OVERALL CONCLUSIONS 36

Scottish Hydro Electric Transmission plc

Knocknagael – Tomatin 275 kV OHL

Planning Statement LT000019


LT000019 1 Planning Statement

1 INTRODUCTION

1.1 Background

1.1.1 Jones Lang LaSalle (JLL) has been appointed by Ramboll Environ UK Ltd, on behalf of Scottish Hydro Electric Transmission plc (the Applicant), to provide a planning statement in support of an application for consent for the proposed Knocknagael – Tomatin Overhead Line project (the Proposed Development). The Proposed Development is described below and more fully within Chapter 2 of the Environmental Statement (ES).

1.1.2 The application for consent is made under Section 37 of the Electricity Act 1989 (as amended).The application for consent also contains a request that a Direction is made under the terms of s.57 of the Town and Country Planning (Scotland) Act 1997 (as amended) to the effect that planning permission for the Proposed Development be deemed to be granted.

1.2 The Proposed Development

1.2.1 The Proposed Development comprises approximately 19 km of 275 kV overhead transmission line (OHL) and 4.5 km of 132 KV OHL supported by steel lattice towers. The proposed line runs from the existing Knocknagael substation on the southern fringe of Inverness to a proposed new substation located at Glen Kyllachy, approximately 1 km north of Garbole and approximately 6 km south-west from the village of Tomatin. The 132 kV OHL is a diversion of the existing 132 KV OHL proposed in order to connect with the proposed Tomatin substation.

1.2.2 The application for the construction and operation of the Proposed Development is for it to be sited and contained within Limits of Deviation (LOD). The LOD are designed to allow flexibility in the final siting of individual towers and access tracks to reflect topographical, engineering and environmental constraints.

1.2.3 Certain ancillary works would be associated with the OHL such as the formation of temporary and permanent access tracks with associated bellmouths where the tracks meet public roads.

1.2.4 The following parameters have been identified for application of the LOD to the Proposed Development: • a horizontal LOD of 200 m (width) (100 m either side of the OHL) where no

specific environmental constraints have been identified;

• a horizontal LOD of 80 m where the OHL passes through woodland;

• a vertical LOD set at a maximum of 60 m (height) above ground level (agl), based on the maximum height of the proposed lattice steel towers; and

• a horizontal LOD of 100 m (width) has been applied to proposed new access track (50 m either side of the proposed track alignment).

1.2.5 The proposed 275 kV OHL between Knocknagael substation and the proposed Tomatin substation would be constructed using self-supporting galvanised steel lattice towers. A total of 60 towers are proposed and they would be of 'L8' series tower design. The specific tower design can vary to accommodate engineering requirements for factors such as topography, span length (distance between towers), exposure and changes of direction. Typical tower height will range between 46 m



Planning Statement 2 LT000019

and 55 m above ground level. Typical tower elevations are shown in Figure 2.2 of the ES.

1.2.6 The spacing between towers would vary depending on topography, altitude and land use. It is anticipated that the typical span between towers would be approximately 300 m.

1.3 Route Description

1.3.1 The Proposed Development is located to the south of Inverness, extending from the existing substation at Knocknagael south east over moorland and then south through coniferous forest to cross Strathnairn at right angles to the river Nairn before heading south east, parallel and to the east of the existing 132 kV line.

1.3.2 The Proposed Development commences at approximately 180 m Above Ordnance Datum (AOD) and ascends to 230 m AOD before entering the forest plantation to cross the ridge at 240 m AOD. Thereafter, the Proposed Development descends over undulating ground to the Strath floor, crossing the river Nairn at a height of approximately 180 m AOD. It then routes to a localised area of higher ground (210 m AOD) before commencing a steady ascent to 260 m AOD east of Farr House, crossing the Uisge Dubh and attaining a maximum height of 508 m AOD at Carn Eitidh. Thereafter, the Proposed Development descends steadily towards Strathdearn, terminating at the proposed substation at an elevation of around 410 m AOD.

1.3.3 The landform of the Study Area is typified by the parallel features of The Great Glen, Strathnairn and Strathdearn which are separated by moorland ridges.

1.3.4 The land uses that the Proposed Development is routed through comprises a mosaic of improved and semi improved grassland, rough grazings, moorland and commercial forestry plantations, which are usually of single species and dark uniform colour. Riparian woodland, occasional hedgerows and isolated groups of deciduous trees are also characteristic features of the Study Area.

1.3.5 The Study Area also contains some concentrated and scattered settlement, isolated dwellings and farmsteads in the hinterland of Inverness which lies in the north eastern portion of the study area. The key small settlements in the Study Area include Farr, Inverarnie and Tomatin. Currently one large operational, wind farm (Farr), comprising 41 turbines, exists within the Study Area.

1.3.6 Other prominent vertical man-made features in the Study Area include single turbines, telecommunication and radio masts, steel lattice OHL towers in the north and centre of the Study Area and woodpole mounted overhead lines.

1.3.7 The main transport routes through the Study Area are the A9, the A82, the A862, the B9154, the B862, the B8082, the B861 and the B851. Other notable roads are the minor road through Strathdearn and the unclassified road which links the Strathderan road with the B851 running through Strathnairn.

1.4 Transmission Licence Holder Obligations

1.4.1 SHE Transmission is the transmission licence holder in the north of Scotland and has a duty under Section 9 of the Electricity Act 1989 to facilitate competition in the generation and supply of electricity. The company also has obligations to offer non-discriminatory terms for connection to the transmission system, both for new generation and for new sources of electricity demand. As a transmission licence



holder, SHE Transmission is subject to the provisions of the Electricity Act 1989. Section 9 of the Act requires SHE Transmission to "develop and maintain an efficient, co-ordinated and economical system of electricity transmission".

1.4.2 All transmission licence holders are required under Section 38 and Schedule 9 of the Electricity 1989 Act to take account of the following factors in formulating proposals for the installation of overhead transmission lines:

“(a) to have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features or special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and,

(b) to do what he reasonably can to mitigate any effects which the proposals would have on the natural beauty of the countryside or any such flora, fauna, features, sites, buildings or objects.”

1.4.3 In light of these obligations, SHE Transmission as licence holder has sought to develop a project which balances technical, economic and environmental matters. The ES demonstrates that due regard to the above matters and appropriate mitigation has been considered in detail.

1.5 Approach and Methodology

1.5.1 The purpose of this Planning Statement is to review the Proposed Development in the context of national planning and energy policy and the relevant terms of the Development Plan.

1.5.2 Reference is made to the predicted significant environmental effects of the Proposed Development with regard to the overall aims and objectives of the Development Plan. Key Development Plan polices are also considered and conclusions are presented with regard to how the Proposed Development accords with such polices. Overall conclusions are also presented taking into the overall policy conclusions.

1.5.3 The route for the Proposed Development is located entirely within the Highland Council administrative area.

1.5.4 As noted above, the application for the Proposed Development is to be made under s.37 of the Electricity Act 1989 (the 1989 Act) to the Scottish Ministers for the construction and operation of overhead electricity transmission lines.

1.5.5 There is a distinction to be drawn between the grant of an application for Section 37 consent and Deemed planning permission under Section 57 of the Town and Country Planning (Scotland) Act 1997. Deemed planning permission under Section 57 (2) of the 1997 Act can only be given upon the granting of consent under Section 37 of 1989 Act. It is a matter for the discretion of the Scottish Ministers as to whether they consider it appropriate to make such a Direction in addition to the consent which is sought under Section 37.

1.5.6 Paragraph 3(1) of Schedule 9 to the 1989 Act provides a specific statutory requirement on the Scottish Ministers, when considering applications for s.37 consent:-

“The desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeology interest; and




The extent to which the developer has complied with its duty to do what it reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or any such flora, fauna, features, sites, buildings or objects.”

1.5.7 In light of these obligations, the Applicant has sought to develop a project which balances technical, economic and environmental matters. The ES demonstrates that due regard to the above matters and appropriate mitigation have been considered in detail.

1.6 Consideration of the Development Plan

1.6.1 In previous s.37 decisions, the broad approach adopted has been to evaluate the need for a proposed development against the predicted environmental effects of the development. It is considered that the Development Plan alone does not contain the policy framework to perform the central role in such an evaluation because the policies within it have not been formulated to take account of transmission license holder obligations or the need requirements of the Proposed Development (this is with the exception of Policy 69). For example, the Proposed Development is a ‘National Development’ as set out within the National Planning Framework 3 (NPF 3), which demonstrates the national importance and need for the Proposed Development.

1.6.2 Nevertheless, it is considered appropriate for Ministers to have regard to, so far as relevant, Development Plan policies in the evaluation of the proposed development, alongside other national energy and planning policy considerations. The aims, objectives and key policies in the Development Plan remain an important part of the relevant framework within which the Proposed Development falls to be considered.

1.6.3 In evaluating the Proposed Development, the approach has therefore been to consider whether the underlying aims and objectives of certain key policies would be undermined to the extent of causing harm to the regional or local land use planning and energy strategies. Conclusions are presented on this basis.

1.7 Establishing the Relevant Policy Baseline Relevant Planning and Energy Policy

1.7.1 The following national planning and energy policy documents are considered of relevance to the determination of the Proposed Development and are considered further within this Planning Statement: • UK Renewable Energy Strategy (2009), Department of Energy & Climate

Change (DECC);

• UK Renewable Energy Roadmap Update (2013), DECC;

• The 2020 Routemap for Renewable Energy in Scotland (2020); Scottish Government;

• Low Carbon Scotland: Meeting Our Emissions Reductions Targets 2013 – 2027, Scottish Government;

• The Electricity Generation Policy Statement (2013), Scottish Government;

• The 2020 Routemap for Renewable Energy in Scotland – Update (2013), Scottish Government;

• The National Planning Framework 3 2014; and

• Scottish Planning Policy 2014.



The Development Plan

1.7.2 Within the Highland Council area the Development Plan consists of the Highland Wide Local Development Plan 2012 and the Inner Moray Firth Local Development Plan 2015. The Inner Moray Firth Local Development plan is of limited relevance to the Proposed Development, as it is of more relevance to development within settlements and therefore it is not considered further.

1.8 Structure of Report

1.8.1 This report has been structured as follows: • Chapter 2 provides an overview of the route selection process;

• Chapter 3 provides an assessment of the Proposed Development in the context of relevant energy policy;

• Chapter 4 provides an assessment of the Proposed Development in the context of relevant National Planning Policy;

• Chapter 5 provides and assessment of the Proposed Development in the context of the relevant provisions of the Development Plan; and

• Chapter 6 provides overall conclusions on the support that can be drawn for the Proposed Development from national planning and energy policy as well as the relevant terms of the Development Plan.






2 ROUTEING AND ALTERNATIVES

2.1 Introduction

2.1.1 The route selection process is an iterative process where considerations such as environmental constraints and licence holder obligations are balanced together prior to selecting the preferred route. Chapter 3 of the ES provides a description of the routeing process and the consideration of alternatives, which are summarised below.

2.2 Approach

2.2.1 The approach to the routeing of the Proposed Development was based on a three stage process. , In the first stage, four corridors were identified that were capable of accommodating the required network reinforcement. Each corridor was then assessed in terms of environmental constraints and a corridor of 1km in width was identified as the preferred option.

2.2.2 The next stage in the routeing process was to then identify route options within the preferred corridor which were then assessed for environmental constraints, resulting in changes to the route A LOD was then applied to the preferred route and this was taken forward to public consultation.

2.2.3 Following the consultation process, the route of the OHL and the associated LODs for the preferred route were refined further to take account of responses received. Following this, a final proposed route and LOD were identified as the Proposed Development, which provided an optimum balance of environmental, engineering and economic factors, consistent with licence holder obligations.

2.2.4 The approach to routeing was also informed by relevant guidance and policy considerations, including: • The Holford Rules: Guidelines For The Routeing Of New High Voltage

Overhead Transmission Lines With Ngc 1992 And Shetl 2003 Notes;

• Scottish Hydro Electric Transmission Plc (2004) Electricity Transmission Development Proposals In Scotland, The Scottish Hydro-Electric Transmission Limited (SHETL) Approach, High Voltage Steel Lattice Tower Transmission Lines;

• The Highland Wide Local Development Plan; and

• National planning and energy policy requirements.

2.2.5 The extent to which the Proposed Development addresses the above policy and guidance is considered within Chapters 3, 4 and 5 of this Planning Statement.

2.3 Alternatives

2.3.1 The consideration of alternatives was embedded within the routeing and design process for the Proposed Development. The consideration of alternatives extended to considering the need for development, various routeing options and consideration of different design components for the Proposed Development in terms of tower and conductor choice.




2.4 Conclusions

2.4.1 In conclusion, the Proposed Development has been informed by an iterative route selection and design process that has sought to balance environmental constraints with economic considerations, as required by the relevant provisions of the Electricity Act, relevant policy and guidance.



3 ENERGY POLICY AND NEED

3.1 Introduction

3.1.1 Energy policy at European, UK and Scottish levels are relevant considerations when considering transmission infrastructure reinforcement that is required to support renewables generation. In this case, the proposed development is required to support an additional 212 megawatts (MW) of contracted generation, in the area which will significantly exceed the capacity of the existing 132 kV double circuit OHL.

3.1.2 There are also further wind farms in the early stages of development, which if progressed could contribute up to a further 67.5 MW of renewable generation. These would also require connection into the transmission network to the south of Inverness. As such, the significant volumes of new wind generation proposed to the south of Inverness, combined with the lack of capacity in the existing network, has triggered the need for reinforcement of the existing electricity transmission network in the area.

3.1.3 This chapter considers energy policy at the European, UK and Scottish Government levels so far as relevant to the need for the Proposed Development. In doing so, the policy framework supporting further deployment of renewables is considered due to the need for the Proposed Development being due to unnecessary network capacity to support the connection of further renewables to the grid.

3.2 European Energy Policy

3.2.1 On the 22 January 2014 the EC unveiled its proposals for EU 2030 Energy and Climate Change Policy. In summary, the proposals contain provisions for inter alia: • A binding greenhouse gas reduction target of 40% below the 1990 level by 2030;

and

• A renewables’ target, on an EU wide binding basis of at least 27%1 of energy consumption by 2030.

3.2.2 The press release from the EC of 22 January 2014 sets out that “these are the pillars of the new EU framework on climate and energy for 2030” and it adds that “renewable energy will play a key role in the transition towards a competitive, secure and sustainable energy system”.

3.2.3 Page 3 of the EC press release adds that the proposals also include a new governance system and that the 2030 framework will require National Plans for competitive, secure and sustainable energy. These are intended to be prepared by Member States under a common approach which will “ensure stronger investor certainty and greater transparency, and will enhance co-hearing, EU co-ordination and surveillance”.

3.2.4 On 22 January 2014 the EC also issued a statement by President Barroso (President of the EC) on the 2030 Energy and Climate Change Framework and this stated that:

“We also set a binding 2030 target for renewables at European Union level. The goal is at least 27% of energy consumption. It is a function of the 40% target because

1 The Statement by the EU President adds that the 27% target “is a function of the 40% target, because we can’t reach the

greenhouse gas target without a collective effort on renewables”.




we can’t reach the greenhouse gas target without a collective effort on renewables. Having such a European Union renewables objective is also a very important signal to investors who need long term certainty to make investments, and also a clear signal in terms of our security of supply”.

3.3 United Kingdom Energy Policy

3.3.1 The UK Government retains control of the overall direction of energy policy including the attainment of UK national targets on renewable energy generation. Since devolution in 1999, some energy policy issues have been devolved to Scotland, such as energy efficiency and renewable energy (including consents for generating plants covered by the Electricity Act 1989). Encouraging more electricity generation from renewable sources is an important element of both the UK and Scottish Climate Change Programmes.

3.3.2 In light of the significant increase in renewable energy required by the EU Directive, the UK Government published a strategy in July 2009 in order to implement the obligations contained within the Directive and to enable a significant increase in the contribution that renewable energy makes to energy generation in the UK.

3.3.3 The UK Renewable Energy Strategy (UKRES) sets out the means by which the UK can meet the legally binding target of 15% of energy consumption from renewable sources by 20202.

3.3.4 In the UKRES, a ‘lead scenario’ is presented which suggests that more than 30% of electricity should be generated from renewables by 20203.

3.3.5 A key element of the strategy is that it sets out the EU requirement that progress will be reported to the EU every two years, in terms of the achievement of delivery against the trajectory set for the 2020 target. The purpose of the milestone reporting is to ensure that a trajectory is maintained towards 2020.

3.3.6 The document makes it clear that the Devolved Administrations have a leadership role to deliver. The Strategy was published by the UK Government yet the policies to assist in meeting the 2020 targets will be taken forward in England, Scotland, Wales and Northern Ireland as appropriate and in accordance with each devolution arrangement. The document makes it clear that each of the Devolved Administrations is setting out its own plan to increase renewable energy use and that “the UK Government and the Devolved Administrations are working together to ensure that our plans are aligned”.

3.3.7 In terms of transmission infrastructure the UKRES states that “most of the new renewable electricity capacity in the medium term is expected to come from onshore and offshore wind, with longer-term contributions from marine power. Since these

2 Renewable energy accounted for 7% of energy consumption in 2014 (Source: DECC, Digest of UK Energy Statistics

(DUKES) July 2015). 3 The contribution of all renewables to UK electricity generation was 19.1% in 2014. (Source: DECC, Digest of UK Energy

Statistics (DUKES) July 2015).



are generally sourced far from areas of demand, we will need to ensure significant new investment in transmission infrastructure.” (para 4.18).

UK Renewable Energy Strategy (2009)

3.3.8 On 6 November 2013 the former Coalition Government published an update to the UK Renewable Energy Road Map following publication of the original document in 2011. The introduction (page 11) stated:

“The Government strongly supports renewable energy as part of a diverse, low carbon and secure energy mix. Alongside gas, ….. renewable energy offers the UK a wide range of benefits from an economic growth, energy security and climate change perspective”.

3.3.9 The Update specifically addresses economic growth, jobs and investment. Paragraphs 40 and 41 state that DECC analysis suggests that reforms of the electricity market could help achieve the additional £100-£110 billion investment that is required in the electricity sector between now and 2020. It adds that “we expect renewables to pay a key part in this growth”.

3.3.10 Paragraph 47 states that in addition to the economic opportunities associated with the development of renewable energy infrastructure, further jobs and investment are created through the development of associated supply chains.

3.3.11 The Update also makes specific reference to public opinion and at paragraph 58 states: “a tracking survey conducted quarterly for DECC by an independent research organisation have shown consistently high levels of public support for the use of renewable energy”. Reference is made to a study undertaken in September 2013 which showed 76% of respondents support the use renewables to generate the UK’s electricity, fuel and heat with only 4% opposed. It adds that in the most recent survey almost two thirds supported onshore wind (66%).

3.3.12 Onshore wind is referred to on page 44. Paragraph 114 states that “onshore wind, as one of the most cost effective and proven renewable energy technologies, has an important part to play in a responsible and balanced UK energy policy”.

3.4 Scottish Government Policy Electricity Generation Policy Statement (2013)

3.4.1 The Scottish Government published an initial draft Electricity Generation Policy Statement (EGPS) in November 2010. A further revision of the EGPS was published in draft in March 2012 for consultation. The final version of the EGPS was published on 28th June 2013.

3.4.2 The EGPS states at paragraph 1 of the Executive Summary that electricity generation and the economic and environmental benefits which could arise from a shift from fossil fuel generation to a portfolio comprising renewable and cleaner thermal generation are matters of considerable importance to the Scottish Government.

3.4.3 The EGPS is one of the most recent policy statements issued by the Scottish Government covering renewable energy. It examines the way Scotland generates




electricity and considers the changes necessary to meet the various targets set by the Scottish Government.

3.4.4 Paragraph 2 of the Statement notes that the report is built upon a sustainable, low carbon vision of Scotland’s energy future and it states “the need for a rapid expansion of renewable electricity across Scotland…” The report takes account of the changing policy context in Scotland, the UK and the EU since the National Planning Framework was published in June 2009.

3.4.5 Paragraph 8 states that the report will assist the Scottish Government to comply with further statutory requirements under the Climate Change (Scotland) Act 2009. It also reiterates in paragraph 9 that the Government is committed to securing the transition to a low carbon economy, which is one of the six ‘strategic priorities’ laid out in the refreshed Government Economic Strategy.

3.4.6 The report summarises the Scottish Government’s targets and these are set out as: • delivering the equivalent of at least 100% of gross electricity consumption from

renewables by 2020 as part of a wider, balanced electricity mix;

• enabling local and community ownership of at least 500 MW of renewable energy by 2020;

• lowering final energy consumption by 12%; and

• seeking increased interconnection and transmission upgrades capable of supporting projected growth and renewable capacity.

3.4.7 The report highlights that these targets underpin the Government’s vision of a stable and desirable future generation mix for Scotland, built around the following key principles (paragraph 4 ): • a secure source of electricity supply;

• at an affordable cost to consumers;

• which can be largely de-carbonised by 2030; and

• and which achieves the greatest possible economic benefit and competitive advantage for Scotland including opportunities for community ownership and community benefits.

3.4.8 In terms of economic benefit, the report states that it is expected that there would be, over the decade to 2020, from renewables alone, a provision of up to 40,000 jobs and £30 Billion of investment to the Scottish economy and a transformational opportunity for local ownership and benefits.

3.4.9 Paragraph 14 states that the 2020 target:

“is a challenge – to the energy supply sector, to our renewable industry and innovators and to Scotland’s communities; it is both a statement of intent and a rallying call, embodying our firm belief that Scotland can and must exploit its huge renewables potential to the fullest possible extent – to help meet demand here and in Europe. It is as much about the value and importance of the journey as it is about the destination”.



3.4.10 Paragraph 17 states that the Government estimates that the 100% target will require around 14-16GW of installed renewable electricity capacity to be deployed.

3.4.11 Page 11 of the report explains that the UK target is to produce 15% of all energy from renewable sources and an estimated 30% of electricity from renewable sources by 2020 and that this:

“will require connection to Scotland’s energy resource and we will continue to work to connect Scotland to an ever more integrated UK and EU market”.

3.4.12 The report cross refers to the 2020 Routemap for renewable energy in Scotland. Paragraph 32 reiterates the EU context and states that Scotland has the potential to make a “major contribution to the EU’s overall renewables target”.

3.4.13 Paragraph 39 states that Government expects “offshore renewables to play a major role in meeting our targets for 2020 and beyond, and are making every effort to deliver the support and the infrastructure which these technologies and their supply chain will need to develop and flourish. With 25% of Europe’s offshore wind potential, the manufacturing, supply chain, job creation and training opportunities present Scotland’s communities with a huge economic opportunity”.

3.4.14 The EGPS addresses transmission and distribution and states at Paragraph 84 that the period 2012 – 2020 will see significant activity to reinforce and develop the GB transmission system and to connect “both our onshore and off shore renewable generators”.

Renewable Energy’ Report by Audit Scotland (September 2013)

3.4.15 In September 2013, Audit Scotland published a report on renewable energy, setting out an analysis of the Scottish Government’s policy on renewable energy, progress to meeting targets, funding barriers and leadership. The report notes that in terms of strategy “the Scottish Government has a clear and consistent strategy for developing renewable energy” (page 11).

3.4.16 In terms of the progress towards meeting the Scottish Government’s renewable energy generation targets, the report identifies that “Meeting the renewable electricity target by 2020 relies on the continued expansion of wind technology…To meet the 2020 target, average annual increases in installed capacity need to double” (page 24).

2020 Routemap for Renewable Energy in Scotland – Update (2013)

3.4.17 The Routemap Update was published on 19th December 2013. The Ministerial Forward states that “Renewable energy is a central element of a strategy for a successful Scotland. Scotland’s vast renewable energy resources create major job and investment opportunities and – as part of wider common balanced energy mix – will deliver secure, low carbon and cost effective energy supplies”. (Page 3).

3.4.18 The Update within the section entitled ‘Deployment Update’ states that in 2012, 40.3% of gross electricity consumption was achieved from renewable sources. As of September 2013, it is noted that Scotland had 6.5GW of installed renewable electricity generation capacity and an additional 4.6GW of capacity either under construction or subject to extant development consents. The 2020 target is the




equivalent of 16GW of capacity and further deployment of renewables is required to achieve this.

3.5 Conclusions

3.5.1 The renewable energy policy framework is directly related to the need to upgrade the electricity transmission network within Scotland. Large scale renewable energy generation in Scotland is generally located in areas which are relatively distant to areas of concentrated energy demand and the national grid was developed on the basis of connecting generation assets in close proximity to populated areas of concentrated demand. On this basis, much of the country’s grid assets do not have the capacity to accommodate large scale renewables generation in remoter areas. Accordingly, to meet the renewables aspirations at the European, UK and Scottish levels, further significant transmission network enhancement is required.



4 NATIONAL PLANNING POLICY

4.1 Introduction

4.1.1 This section of the Planning Statement sets out relevant national planning policy considerations including the position on the needs case and the designation of the Proposed Development as a ‘National development’. Reference is made to the following national planning policy documents: • The National Planning Framework 3 2014;

• Scottish Planning Policy 2014; and

• Scottish Historic Environment Policy.

4.2 National Planning Framework 3

4.2.1 Scotland’s third National Planning Framework (NPF3) was published by the Scottish Government on 23 June 2013. NPF3 is a long term strategy for Scotland and is the spatial expression of the Government’s Economic Strategy and plans for development and investment in infrastructure. Together, NPF3 and Scottish Planning Policy (referred to below) applied at the strategic and local levels, are intended to help the planning system deliver the Government’s vision and outcomes for Scotland and to contribute to the Government’s central purpose.

4.2.2 The NPF 3 provides for a number of ‘National Developments’, which are those developments deemed to be of national significance. NPF 3 states:

“Whilst national development status establishes the need for a project, it does not grant development consent. Planning permission and any other necessary assessments and consents will still be required at the consenting stage. Mitigation set out in the Action Programme should inform subsequent planning processes and be applied as appropriate to avoid or reduce environmental effects and demonstrate no adverse effects on the integrity of European protected sites.

The detailed description of the components of each national development in Annex A will assist planning and other consenting authorities in determining whether national development status applies to a particular proposal.”

4.2.3 In terms of the Proposed Development, this is covered by National Development 4 ‘High Voltage Electricity Transmission Network’, which applies to all onshore electric cabling at 132 kV and above. In terms of the ‘statement of need’ for this National Development class, NPF 3 states:

“4 – Need: These classes of development are needed to support the delivery of an enhanced high voltage electricity transmission grid which is vital in meeting national targets for electricity generation, statutory climate change targets, and security of energy supplies.”

4.2.4 The Proposed Development therefore receives significant policy support at the national level in principle.




The National Vision

4.2.5 NPF3 sets out the Government’s ‘vision’ for Scotland which is referred to as inter alia: • A successful, sustainable place – “we have a growing low carbon economy

which provides opportunities…”

• A low carbon place - “we have seized the opportunities arising from our ambition to be a world leader in low carbon generation, both onshore and offshore…”

• A natural resilient place - “natural and cultural assets are respected; they are improving in condition and represent a sustainable economic, environmental and social resource for the nation…”

A Low Carbon Place

4.2.6 Chapter 3 of NPF3 address ‘A Low Carbon Place’. As noted below, this is also a “subject policy” in Scottish Planning Policy. Paragraph 3.1 explains that planning will play key role in delivering on the commitments set out in delivering ‘Low Carbon Scotland: The Scottish Government’s Proposals and Policies’. It adds:

“the priorities identified in this spatial strategy set a clear direction of travel which is consistent with our world leading climate legalisation”.

4.2.7 The introduction to Chapter 3 states that the Government’s ambition “is to achieve at least an 80% reduction of greenhouse gas emissions by 2020”.

4.2.8 The introductory section acknowledges that at present, the energy sector accounts for a significant share of the country’s greenhouse gas emissions and that a planned approach to development has ensured that onshore wind development has widely avoided internationally and nationally protected areas.

4.2.9 Paragraph 3.7 states that whilst there is strong public support for wind energy as part of the renewable energy mix, opinions about onshore wind in particular locations can vary. It adds that the technology is also “…recognised as an opportunity to improve the long term resilience of rural communities”.

4.2.10 Paragraph 3.8 makes reference to targets and states that by 2020, the aim is reduce total energy demand by 12%. In order to achieve this, and to maintain energy supplies, further diversification of supplies will be required.

4.2.11 It adds that the Government’s aim is to meet at least 30% of overall energy demand from renewables by 2020 – this includes generating the equivalent of at least 100% of gross consumption from renewables with an interim target of 50% by 2015.

4.2.12 Paragraph 3.28 states:

“Electricity grid enhancements will facilitate increased renewable electricity generation across Scotland. An updated national development focusing on enhancing the high voltage transmission network supports this, and will help to facilitate offshore renewable energy developments. Distribution Network Operators (DNOs) also have plans to make essential upgrades to the distribution networks. This will be vital, particularly for enabling areas that are remote from the main grid to realise their renewable energy potential. The environmental impacts of this type of infrastructure require careful management”.



4.2.13 Paragraph 3.29 states:

“We recognise that there will be a need to mitigate the environmental impacts of new or upgraded high voltage onshore transmission lines and that there will be a cost associated with this. Mitigation corridors bringing wider benefits to landscape and visual amenity, and which promote green places and active travel networks, may be an effective option in some areas”.

4.3 Scottish Planning Policy (2014)

4.3.1 A new Scottish Planning Policy (SPP) was published on 23rd June 2014. The purpose of the SPP is to set out national planning policies which reflect Scottish Government Ministers’ priorities for the operation of the planning system and for the development and use of land. The SPP is a statement of Scottish Government policy on how nationally important land use planning matters should be addressed.

4.3.2 Paragraph (iii) states that as a statement of Ministers’ priorities, the content of the SPP is a material consideration that carries significant weight, although it is for the decision maker to determine the appropriate weight to be afforded to it in each case.

Relationship of SPP to National Outcomes

4.3.3 Paragraph 9 of the SPP refers to ‘Outcomes’ and they relate to the Scottish Government’s ‘Purpose’ “of creating a more successful country, with opportunities for all of Scotland to flourish through increasing sustainable economic growth….”.

4.3.4 Paragraph 10 adds that the Scottish Government’s 16 national outcomes articulate in more detail how the ‘Purpose’ is to be achieved. It adds that the pursuit of these outcomes provides the impetus for other national plans, policies and strategies and many of the principles and policies set out in them are reflected in both SPP and NPF3.

4.3.5 Paragraph 13 of SPP introduces four planning outcomes which explain “how planning should support the vision” for the planning system in Scotland. Three of these outcomes are particularly relevant namely: • Outcome 1: a successful sustainable place – supporting sustainable economic

growth and ……the creation of well designed, sustainable places;

• Outcome 2: a low carbon place – reducing our carbon emissions and adapting to climate change; and

• Outcome 3: a natural, resilient place – helping to protect and enhance our natural and cultural assets, and facilitating their sustainable use.

4.3.6 Outcome 2 ‘A Low Carbon Place’ explains that NPF3 will facilitate the transition to a low carbon economy, particularly by supporting diversification of the energy sector. Paragraph 18 makes reference to the Climate Change (Scotland) Act 2009 which




has set a target of reducing greenhouse gas emissions by at least 80% by 2050, with an interim target of reducing emissions by at least 42% by 2020.

Principal Policies

4.3.7 SPP contains two Principal Policies, ‘sustainability’ and ‘placemaking’. Sustainability is addressed at Page 9. The SPP states that:

“the Scottish Government’s central purpose is to focus Government and public services on creating a more successful country with opportunities for all of Scotland to flourish through increasing sustainable economic growth”.

4.3.8 Paragraph 25 adds that the Scottish Government’s commitment to the concept of sustainable development is reflected in its Purpose.

4.3.9 Paragraph 27 cross refers to the Government’s Economic Strategy which it states “indicates that sustainable economic growth is the key to unlocking Scotland’s potential…. and to achieving a low carbon economy…” It also makes reference to the need to maintain a high quality environment and to pass on “a sustainable legacy for future generations”.

Presumption in Favour of Development that contributes to Sustainable Development

4.3.10 A key new ‘Policy Principle’ in the SPP is the statement at Paragraph 27 which is as follows:

“This SPP introduces a presumption in favour of development that contributes to sustainable development”.

4.3.11 Paragraph 28 continues and states:

“the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the cost and benefits of the proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost”.

4.3.12 Paragraph 29 of SPP then sets out that policies and decisions should be guided by a number of principles. Those of relevance include the following: • giving due weight to net economic benefit;

• supporting good design;

• supporting delivery of infrastructure, for example…. energy;

• supporting climate change mitigation and adaption including taking account of flood risk;

• having regard to the principles for sustainable land use as set out in the Land Use Strategy;

• protecting, enhancing and promoting access to cultural heritage, including the historic environment;

• protecting, enhancing and promoting access to natural heritage including…... landscape and the wider environment; and

• protecting the amenity of new and existing development and considering the implications of development for water, air and soil quality.



4.3.13 The introduction of the presumption in favour for development that contributes to sustainable development has important consequences for development management practice. Paragraphs 32 and 33 of SPP explain how this Policy Principle operates for development management.

4.3.14 Paragraph 32 states that “the presumption in favour of sustainable development” does not change the statutory status of the Development Plan as the starting point for decision making. This is an important acknowledgement, consistent with the legal position on the primacy of the Development Plan and the application of section 25 of the Town and Country Planning (Scotland) Act 1997 for planning decision making. The SPP is a non-statutory document and it does not seek to change the law.

SPP Subject Policies – A Low Carbon Place

4.3.15 SPP addresses ‘A Low Carbon Place’ as a ‘subject policy’ on page 36 and refers to ‘delivering electricity’. Paragraph 152 refers to the NPF context and states that NPF3 is clear that planning must facilitate the transition to a low carbon economy and help to deliver the aims of the Scottish Government. It is stated that Scotland has significant renewable energy resources, both onshore and offshore.

4.3.16 Paragraph 153 states that terrestrial planning “facilitates” development of renewable energy technologies, and guides new infrastructure to appropriate locations. It adds that “sufficient supply of low carbon and low cost generation of electricity from renewable energy sources are vital to reducing greenhouse gas emissions…”. It explains that renewable energy also presents a significant opportunity for associated development, investment and growth of the related supply chain.

4.3.17 In terms of ‘Policy Principles’, Paragraph 154 states that the planning system should: • Support the transformational change to a low carbon economy, consistent with

national objectives and targets, including deriving:

- 30% of overall energy demand from renewable sources by 2020; and

- The equivalent of 100% of electricity demand from renewable sources by 2020.

• Support the development of a diverse range of electricity generation from renewable technologies – including the expansion of renewable energy generation capacity.

• Guide development to appropriate locations and advise on the issues that will be taken into account when specific proposals are being assessed.

4.3.18 SPP also cross refers to “key documents” and those of relevance include: • The Electricity Generation Policy Statement;

• The 2020 Routemap for Renewable Energy in Scotland; and

• Low Carbon Scotland: Meeting Our Emissions Reductions Targets 2013 – 2027.

4.3.19 These documents are material considerations in their own right and their relationship to the Proposed Development is assessed below.

Development Management for Energy Infrastructure Developments

4.3.20 In terms of development management, Paragraph 169 of SPP set out that “proposals for energy infrastructure should always take account of spatial frameworks for wind




farms and heat maps where these are relevant. Considerations will vary relative to the scale of proposals and area characteristics but are likely to include: • Net economic impacts, including local and community socio economic benefits

such as employment, associated business and supply chain opportunities;

• The scale of contribution to renewable energy generation targets;

• Effects on greenhouse gas emissions;

• Cumulative impacts – planning authorities should be clear about the likely cumulative impacts arising from all of the considerations below;

• Impacts on communities and individual dwellings, including visual impact, residential amenity and noise and shadow flicker;

• Landscape and visual impacts including effects on wild land;

• Effects on the natural heritage, including birds;

• Impacts on carbon rich soils using the carbon calculator;

• Public access, including impact on long distance cycling and walking routes and scenic routes identified in the NPF;

• Impacts on the historic environments, including scheduled monuments, listed buildings and their settings;

• Impacts on tourism and recreation;

• Impacts on aviation and defence interests and seismological recording;

• Impacts on telecommunications and broadcasting installations, particularly ensuring that transmission links are not compromised;

• Impacts on road traffic;

• Impacts on adjacent trunk roads;

• Effects on hydrology, the water environment and flood risk;

• The need for conditions relating to the decommissioning of developments, including ancillary infrastructure and site restoration; and

• The need for a robust planning obligation to ensure that operators achieve site restoration”.

4.3.21 In terms of the various considerations set out above, SPP also contains detailed policies on a number of the topics referred to, such as cultural heritage and the historic environment, natural heritage and landscape designations.

SPP Conclusions

4.3.22 Support for energy infrastructure at an appropriate scale remains within SPP, with the 2020 targets being reiterated and the continued support for onshore wind being firmly re-stated which the Proposed Development seeks to connect to the national grid. The Proposed Development is found to be entirely consistent with SPP and would further the sustainable development, economic development and low carbon objectives set out.



5 THE DEVELOPMENT PLAN

5.1 Introduction

5.1.1 This section of the Planning Statement provides an assessment of the Proposed Development against the relevant terms of the Development Plan. In doing so, it draws upon the findings of the ES.

5.1.2 This chapter is set out as follows: • it identifies the relevant provisions of the Development Plan and assesses the

Proposed Development in light thereof; and

• conclusions are presented on the degree of accord of the Proposed Development with the Development Plan when read as a whole.

5.1.3 The Development Plan assessment presented within this chapter assesses the Proposed Development against the provisions of the Development Plan that are of most relevance to the assessment of the predicted residual effects of the Proposed Development, as reported within the ES.

5.2 The Development Plan

5.2.1 The Development Plan for the site is the Highland wide Local Development Plan (HwLDP). The HwLDP deals with both strategic and local planning matters. Following a process of Examination, the HwLDP was adopted on the 5 April 2012. Whilst the HwLDP supersedes the general policies of the Local Plans in THC area, some elements of the Local Plans (i.e. site allocations and settlement development areas not covered by the HwLDP and some site specific policies) have been retained as part of the Statutory Development Plan. The elements of the adopted Local Plans, which remain in force, are included in a Retention Schedule, attached as Appendix 7 to the HwLDP.

5.2.2 However, there are no aspects of the retained Local Plans that are relevant to the assessment of the Proposed Development. Therefore, the policy assessment in this chapter deals only with the relevant policies contained within the HwLDP.

5.2.3 In addition to the HwLDP, the Inner Moray Firth Local Development Plan has recently been adopted by THC. This LDP covers the geography of the Proposed Development; however, its policies and objectives are mainly relevant to settlement expansion and growth. This part of the Development Plan is considered to be of very limited relevance to the Proposed Development and is not considered further.

5.2.4 The policies considered to be of relevance are set out in Table 3.1 below. Some are more relevant than others.

5.3 Aims and Objectives

5.3.1 Section 4 of the HwLDP sets out the spatial strategy for the area. Paragraph 4.1 states “…it is important to ensure that development is, in the first instance, directed to places with sufficient existing or planned infrastructure and facilities to support




sustainable development” (page 10). In line with SPP, it emphasises that the national context is one of support for sustainable economic growth.

5.3.2 Section 5 of the HwLDP sets out the vision for the Highland Council Area as follows:

“by 2020, Highland will be one of Europe’s leading regions. We will have created sustainable communities, balancing population growth, economic development and the safeguarding of the environment across the area, and have built a fairer and healthier Highlands” (page 12).

5.3.3 The Council has translated what this means in land use planning terms and this includes “promoting opportunities that allow for investment in services and infrastructure” (page 14). The Council aim to inter alia: • enable sustainable Highland communities;

• safeguard the environment;

• support a competitive, sustainable and adaptable Highland economy; and

• to provide better opportunities for all and a fairer Highland.

5.3.4 The HwLDP on page 23 also provides a Vision and Spatial strategy for the Inner Moray Firth area and within this spatial strategy electricity grid reinforcement features



broadly in the area of the Proposed Development. This is illustrated below in Figure 5.1:

Figure 5.1: Spatial Strategy for Inner Moray Firth

5.3.5 Section 22 of the HwLDP is entitled “Renewable Energy Developments” and in terms of transmission infrastructure, it states:

“Additional electricity transmission and distribution infrastructure will need to be developed in Highland in order to realise the region’s potential contribution to renewable electricity generation, contributing to national requirements and in order to serve local needs. It is a national priority that the electricity network heading both south and east is improved to take advantage of the renewables potential”.

5.3.6 The Proposed Development is considered to be environmentally acceptable, it has been appropriately routed, it would contribute to Highland in socio-economic terms




and would contribute to the sustainability agenda. Accordingly, the Proposed Development draws support from the aims and objectives of the HwLDP.

5.4 Relevant Policies

5.4.1 The Highland Council scoping consultation response (provided in relation to a request to the Scottish Ministers for a Scoping Opinion on the scope of the Environmental Impact Assessment (EIA)) identifies a number of Development Plan policies of potential relevance to the EIA process. These are set out in Table 5.1 below.

Table 5.1: Scoping Opinion Development Plan Policies Policy Policy Heading

Policy 28 Sustainable Design

Policy 30 Physical Constraints

Policy 31 Developer Contributions

Policy 36 Wider Countryside

Policy 51 Trees and Development

Policy 52 Principle of Development in Woodland

Policy 53 Minerals

Policy 55 Peat and soils

Policy 56 Travel

Policy 57 Natural, Built and Cultural Heritage

Policy 58 Protected Species

Policy 59 Other important species

Policy 60 Other important Habitats

Policy 61 Landscape

Policy 62 Geo-diversity

Policy 63 Water Environment

Policy 64 Flood risk

Policy 69 Electricity Transmission Infrastructure

Policy 72 Pollution

Policy 77 Public Access

Policy 78 Long distance routes

5.4.2 While the above policies were taken into account through the EIA process, this does not mean that they are the key determinative policies with which to assess the merits



of the s.37 application. The policies set out in Table 5.2 below are those most relevant policies against which the Proposed Development should be assessed.

Table 5.2: Relevant Development Plan Policies Policy Policy Heading

Policy 28 Sustainable Design

Policy 52 Principle of Development in Woodland

Policy 57 Natural, Built and Cultural Heritage

Policy 58 Protected Species

Policy 59 Other Important Species

Policy 60 Other Important Habitats and Article 10 Features

Policy 61 Landscape

Policy 69 Electricity Transmission Infrastructure

5.4.3 Policy 28 ‘Sustainable Design’ is a general policy applicable to all forms of development. It contains a number of criteria, only some of which are of relevance to the Proposed Development. The policy states:

“The Council will support developments which promote and enhance the social, economic and environmental wellbeing of the people of Highland.

Proposed developments will be assessed on the extent to which they: • maximise energy efficiency in terms of location, layout and design, including the

utilisation of renewable sources of energy and heat;

• are affected by physical constraints described in Physical Constraints on Development: Supplementary Guidance;

• … demonstrate that they have sought to minimise the generation of waste during the construction and operational phases. (This can be submitted through a Site Waste Management Plan);

• impact on individual and community residential amenity;

• impact on non-renewable resources such as mineral deposits of potential commercial value, prime quality agricultural land, or approved routes for road and rail links;

• impact on the following resources, including pollution and discharges, particularly within designated areas:

- habitats freshwater systems

- species marine systems

- landscape cultural heritage

- scenery air quality;

• demonstrate sensitive siting and high quality design in keeping with local character and historic and natural environment and in making use of appropriate materials;

• … contribute to the economic and social development of the community.




Developments which are judged to be significantly detrimental in terms of the above criteria will not accord with this Local Development Plan. All development proposals must demonstrate compatibility with the Sustainable Design Guide: Supplementary Guidance, which requires that all developments should: • conserve and enhance the character of the Highland area

• use resources efficiently

• minimise the environmental impact of development

• enhance the viability of Highland communities.

• Compatibility should be demonstrated through the submission of a Sustainable Design Statement where required to do so by the Guidance.

• All developments must comply with the greenhouse gas emissions requirements of the Sustainable Design Guide.

• In the relatively rare situation of assessing development proposals where the potential impacts are uncertain, but where there are scientific grounds for believing that severe damage could occur either to the environment or the wellbeing of communities, the Council will apply the precautionary principle.

• Where environmental and/or socio-economic impacts of a proposed development are likely to be significant by virtue of nature, size or location, The Council will require the preparation by developers of appropriate impact assessments. Developments that will have significant adverse effects will only be supported if no reasonable alternatives exist, if there is demonstrable over-riding strategic benefit or if satisfactory overall mitigating measures are incorporated”.

5.4.4 The first criterion is satisfied by the Proposed Development given that its function is to transmit electricity generated from renewable sources.

5.4.5 The second criterion is satisfied through the route selection and EIA process; and in terms of the third, appropriate waste management would be implemented as part of the construction process. This can be secured by condition of consent, if required.

5.4.6 The fourth criterion deals with community and residential amenity. The routeing of the Proposed Development does not pass through any settlements and is routed adjacent to very few properties. While limited significant visual amenity effects are predicted to arise, none of these predicted amenity effects would represent an unacceptable residential amenity effect. The fifth criterion is not particularly relevant because no approved road, rail routes or prime quality agricultural land would be affected and in terms of minerals, the Proposed Development would not result in mineral sterilisation or substantial extraction.

5.4.7 The sixth criterion requires assessment of a development against various “resources”, particularly when designations are concerned. The various resources within the study area include dispersed cultural heritage assets, the Loch Ness and Duntelchaig SLA to the west, a small portion of the Drynacha, Lochindorb and Dava Moors SLA to the east, the Cairngorms National Park to the east and Wild Land Area 20 to the South. No significant effects are predicted on any of these designations. In terms of resources out with designated areas, the Proposed Development would result in significant adverse landscape and visual effects, although these have been limited through the routeing and EIA processes. All other effects reported within the ES are not significant. The significant effects reported are not considered



significantly detrimental overall and they are found acceptable in the context of the policy.

5.4.8 The seventh criterion requires sensitive siting and high quality design. The Proposed Development has been sensitively sited and the design has been well considered through both the EIA and routeing processes. The design of the Proposed Development is consistent with the Holford Rules, as set out within the ES.

5.4.9 In terms of the eighth criterion, the Proposed Development would contribute positively to the economic and social development of the community through the various local and wider benefits that would result. The construction of the Proposed Development will require a construction workforce, some of which will be sourced locally. There will be spend in the local economy from the construction workforce and there will be a requirement for local accommodation. In addition, the Proposed Development is required to facilitate the connection of wind farms to the national grid, which will allow the export of electricity generated to consumers. The relationship of the Proposed Development to the economic and social benefits of the wind energy developments it is intended to support, is also relevant.

5.4.10 The policy states that development judged to be significantly detrimental in terms of the above criterion will not accord with the Development Plan. However, the policy requires to be considered in the round and the Plan should be read as a whole before a judgement on accordance or otherwise is made with regard to the Development Plan. Nevertheless, there are no effects associated with the Proposed Development that are considered to be significantly detrimental overall. The EIA and routeing process is considered to have resulted in an environmentally acceptable development proposal and on this basis the Proposed Development is considered to be in accordance with the policy.

5.4.11 Policy 52: ‘Principle of Development in Woodland’ states:

“The applicant is expected to demonstrate the need to develop a wooded site and to show that the site has capacity to accommodate the development. The Council will maintain a strong presumption in favour of protecting woodland resources. Development proposals will only be supported where they offer clear and significant public benefit. Where this involves woodland removal, compensatory planting will usually be required.

The Council will consider major development proposals against their socio economic impact on the forestry industry within the locality, the economic maturity of the woodland, and the opportunity for the proposals to coexist with forestry operations.

For housing proposals within existing woodland, applicants must pay due regard to its integrity and longer term management. In all cases there will be a stronger presumption against development where it affects inventoried woodland, designated woodland or other important features (as defined in Trees, Woodland and Development Supplementary Guidance).

All proposals affecting woodland will be assessed against conformity with the Scottish Government’s Policy on Control of Woodland Removal. The current Highland Forest and Woodland Strategy will be considered as a material consideration. It is the intention that future reviews of the strategy will be adopted as supplementary guidance.




The Highland Forest and Woodland Strategy reflects the strategic directions of the Scottish Forest Strategy developing its priorities for action at the regional level and through its key principles seeks to: • ensure sustainability;

• increase the community benefit from forestry and woodlands;

• identify opportunities for forest and woodland expansion compatible with other interests;

• improve existing forests and woodland to enhance forestry’s contribution to the economy and environment of Highland;

• work with partners to address economic and infrastructure issues;

• retain and enhance the level of funding for forestry in Highland.”

5.4.12 The policy requires an applicant to demonstrate the need to develop a wooded site as well as show that the site has capacity to accommodate the development. The policy presumes in favour of protecting woodland and requires major development proposals to be considered against their socio economic impact on the forestry industry within the locality, the maturity of the woodland and the opportunity for the proposal to co-assist with forestry operations.

5.4.13 In this regard, it is relevant that the proposed development is a ‘National’ development, as recognised by NPF3. Recognition within NPF3 as a National development demonstrates the in principal need for the development at the national level. Therefore, in terms of whether the site has capacity to accommodate the development, the proposed development has been subject to a rigorous EIA and routeing process which has resulted in the proposed route and LOD, which best addresses the relevant environmental and economic considerations under the terms of section 9 and schedule 9 of the Electricity Act 1989 (as amended). The identified route and LOD is, therefore, considered to have the capacity to accommodate the development. On this basis, the first part of the policy is satisfied.

5.4.14 In terms of potential socio economic impact on the forestry industry within the locality, it requires to be recognised that the Proposed Development will not result in the removal of all commercial forestry within the commercial forestry blocks that the Proposed Development is routed through. Commercial forestry operations will remain on the whole and in socio economic terms, the potential impact on the industry within the locality is expected to be minimal. The Proposed Development has also been routed in such a way that the Proposed Development can co-assist with the remaining forestry operations outwith but adjacent to the LOD corridor.

5.4.15 The policy also requires development proposals affecting woodlands to be assessed against the Scottish Governments policy on Control of Woodland Removal. It is the case that compensatory planting has not been proposed at this stage and in this regard any requirement for compensatory planting would be satisfied through habitat restoration and / or through other off site provision, as required.

5.4.16 On the basis of the above it is considered that the proposed development is meets the relevant terms and objectives of this policy.

5.4.17 Policy 57 ‘Natural, Built and Cultural Heritage’ states:

“All development proposals will be assessed taking into account the level of importance and type of heritage features, the form and scale of the development,



and any impact on the feature and its setting, in the context of the policy framework detailed in Appendix 2. The following criteria will also apply:

i. For features of local/regional importance we will allow developments if it can be satisfactorily demonstrated that they will not have an unacceptable impact on the natural environment, amenity and heritage resource.

ii. For features of national importance we will allow developments that can be shown not to compromise the natural environment, amenity and heritage resource. Where there may be any significant adverse effects, these must be clearly outweighed by social or economic benefits of national importance. It must also be shown that the development will support communities in fragile areas who are having difficulties in keeping their population and services.

iii. For features of international importance developments likely to have a significant effect on a site, either alone or in combination with other plans or projects, and which are not directly connected with or necessary to the management of the site for nature conservation will be subject to an appropriate assessment. Where we are unable to ascertain that a proposal will not adversely affect the integrity of a site, we will only allow development if there is no alternative solution and there are imperative reasons of overriding public interest, including those of a social or economic nature. Where a priority habitat or species (as defined in Annex 1 of the Habitats Directive) would be affected, development in such circumstances will only be allowed if the reasons for overriding public interest relate to human health, public safety, beneficial consequences of primary importance for the environment, or other reasons subject to the opinion of the European Commission (via Scottish Ministers). Where we are unable to ascertain that a proposal will not adversely affect the integrity of a site, the proposal will not be in accordance with the development plan within the meaning of Section 25(1) of the Town and Country Planning (Scotland) Act 1997.

Note: Whilst Appendix 2 groups features under the headings international, national and local/regional importance, this does not suggest that the relevant policy framework will be any less rigorously applied. This policy should also be read in conjunction with the Proposal Map.

The Council intends to adopt the Supplementary Guidance on Wild Areas in due course. The main principles of this guidance will be: • to provide mapping of wild areas;

• to give advice on how best to accommodate change within wild areas whilst safeguarding their qualities;

• to give advice on what an unacceptable impact is; and

• to give guidance on how wild areas could be adversely affected by development close to but not within the wild area itself.

In due course the Council also intends to adopt the Supplementary Guidance on the Highland Historic Environment Strategy. The main principles of this guidance will ensure that:




• Future developments take account of the historic environment and that they are of a design and quality to enhance the historic environment bringing both economic and social benefits;

• It sets a proactive, consistent approach to the protection of the historic environment”.

5.4.18 Policy 57 seeks to apply policy protection to natural, built and heritage features of local/regional importance, national importance and international importance. The ES provides an assessment of the potential impacts of the Proposed Development on such features, predominately within the LVIA, Ecology, Ornithology and Cultural Heritage Chapters. No significant effects are predicted on such features with the majority of predicted residual effects either being of ‘minor’ or ‘negligible’ magnitude, with the exception of significant landscape and visual effects, which are inevitable for a 19 km linear development containing steel lattice towers. While significant residual effects remain, such effects have been minimised through the routeing and EIA process that has been informed by the Holford Rules as well as SHETL’s update to them. The Proposed Development is found to accord with the provisions of this policy as the predicted effects are not considered unacceptable.

5.4.19 Policy 58 ‘Protected Species’ states:

“Where there is good reason to believe that a protected species may be present on site or may be affected by a proposed development, we will require a survey to be carried out to establish any such presence and if necessary a mitigation plan to avoid or minimise any impacts on the species, before determining the application.

Development that is likely to have an adverse effect, individually and/or cumulatively, on European Protected Species (see Glossary) will only be permitted where: • There is no satisfactory alternative;

• The development is required for preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment; and

• The development will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

Development that is likely to have an adverse effect, individually and/or cumulatively, on protected bird species (see Glossary) will only be permitted where: • There is no other satisfactory solution; and

• The development is required in the interests of public health or public safety.

This will include but is not limited to avoiding adverse effects, individually and/or cumulatively, on the populations of the following priority protected bird species: • Species listed in Annex 1 of the EC Birds Directive;

• Regularly occurring migratory species listed in Annex II of the Birds Directive;

• Species listed in Schedule 1 of the Wildlife and Countryside Act 1981 as amended;

• Birds of conservation concern.

Development that is likely to have an adverse effect, individually and/or cumulatively (see glossary), on other protected animals and plants (see Glossary) will only be



permitted where the development is required for preserving public health or public safety.

Development proposals should avoid adverse disturbance, including cumulatively, to badgers and badger setts, protected under the Protection of Badgers Act 1992 (as amended by the Nature Conservation (Scotland) Act 2004”.

5.4.20 Chapter 5 ‘Ecology’ and Chapter 6 ‘Ornithology’ of the ES demonstrate that the Proposed Development is consistent with legislative provisions relating to protected species and their habitats. It should be noted that the policy tests within this policy set a higher bar than those corresponding policy tests in national policy and relevant legislation. Nevertheless, the Proposed Development does not result in any residual significant effects on species or their habitats.

5.4.21 Policy 59 ‘Other Important Species’ states:

“The Council will have regard to the presence of and any adverse effects of development proposals, either individually and/or cumulatively, on the Other Important Species which are included in the lists below, if these are not already protected by other legislation or by nature conservation site designations: • Species listed in Annexes II and V of the EC Habitats Directive;

• Priority species listed in the UK and Local Biodiversity Action Plans;

• Species included on the Scottish Biodiversity List.

• We will use conditions and agreements to ensure detrimental affect on these species is avoided”.

5.4.22 The Proposed Development has been assessed through the EIA process as being unlikely to result in significant effects on species and their habitats. Accordingly, the Proposed Development accords with this policy.

5.4.23 Policy 60 ‘Other Important Habitats and Article 10 Features’ states:

“The Council will seek to safeguard the integrity of features of the landscape which are of major importance because of their linear and continuous structure or combination as habitat “stepping stones” for the movement of wild fauna and flora. (Article 10 Features). The Council will also seek to create new habitats which are supportive of this concept.

The Council will have regard to the value of the following Other Important Habitats, where not protected by nature conservation site designations (such as natural water courses), in the assessment of any development proposals which may affect them either individually and/or cumulatively: • Habitats listed in Annex I of the EC Habitats Directive;

• Habitats of priority and protected bird species (see Glossary);

• Priority habitats listed in the UK and Local Biodiversity Action Plans;

• Habitats included on the Scottish Biodiversity List.

The Council will use conditions and agreements to ensure that significant harm to the ecological function and integrity of Article 10 Features and Other Important Habitats is avoided. Where it is judged that the reasons in favour of a development clearly outweigh the desirability of retaining those important habitats, the Council will




seek to put in place satisfactory mitigation measures, including where appropriate consideration of compensatory habitat creation.

The Council will seek to safeguard the integrity of features of the landscape which are of major importance because of their linear and continuous structure or combination as habitat “stepping stones” for the movement of wild fauna and flora. (Article 10 Features). The Council will also seek to create new habitats which are supportive of this concept.

The Council will have regard to the value of the following Other Important Habitats, where not protected by nature conservation site designations (such as natural water courses), in the assessment of any development proposals which may affect them either individually and/or cumulatively: • Habitats listed in Annex I of the EC Habitats Directive;

• Habitats of priority and protected bird species (see Glossary);

• Priority habitats listed in the UK and Local Biodiversity Action Plans;

• Habitats included on the Scottish Biodiversity List.

The Council will use conditions and agreements to ensure that significant harm to the ecological function and integrity of Article 10 Features and Other Important Habitats is avoided. Where it is judged that the reasons in favour of a development clearly outweigh the desirability of retaining those important habitats, the Council will seek to put in place satisfactory mitigation measures, including where appropriate consideration of compensatory habitat creation”.

5.4.24 The Proposed Development has been assessed through the EIA process as being unlikely to result in significant effects on species and their habitats. The Proposed Development accords with this policy.

5.4.25 Policy 61 ‘Landscape’ states:

“New developments should be designed to reflect the landscape characteristics and special qualities identified in the Landscape Character Assessment of the area in which they are proposed. This will include consideration of the appropriate scale, form, pattern and construction materials, as well as the potential cumulative effect of developments where this may be an issue. The Council would wish to encourage those undertaking development to include measures to enhance the landscape characteristics of the area. This will apply particularly where the condition of the landscape characteristics has deteriorated to such an extent that there has been a loss of landscape quality or distinctive sense of place. In the assessment of new developments, the Council will take account of Landscape Character Assessments, Landscape Capacity Studies and its supplementary guidance on Siting and Design and Sustainable Design, together with any other relevant design guidance”.

5.4.26 This policy is relevant to potential landscape effects arising from development proposals. Chapter 4 of the ES reports on the findings of the Landscape and Visual Impact Assessment (LVIA), which considered the Proposed Development's relationship with the landscape. Significant effects are predicted to occur on five Landscape Character Types (LCTs), which is not unusual for a nationally significant



infrastructure development that is linear, supported by steel lattice towers and is around 19km long.

5.4.27 The two Special Landscape Area designations within the study area (the Loch Ness and Duntelchaig SLA and the Drynachan’ Lochindorb and Dava Moors SLA) will not be significantly affected by the Proposed Development.

5.4.28 The Proposed Development is considered to have been routed appropriately so as to respond to the landscape within which it is situated. The Proposed Development is found to accord with this policy.

5.4.29 Policy 69 ‘Transmission Infrastructure’ states:

“Proposals for overground, underground or sub-sea electricity transmission infrastructure (including lines and cables, pylons/ poles and vaults, transformers, switches and other plant) will be considered having regard to their level of strategic significance in transmitting electricity from areas of generation to areas of consumption. Subject to balancing with this consideration, and taking into account any proposed mitigation measures, the Council will support proposals which are assessed as not having an unacceptable significant impact on the environment, including natural, built and cultural heritage features. In locations that are sensitive, mitigation may help to address concerns and should be considered as part of the preparation of proposals. This may include, where appropriate, underground or sub-sea alternatives to overground route proposals. Where new infrastructure provision will result in existing infrastructure becoming redundant, the Council will seek the removal of the redundant infrastructure as a requirement of the development.”

5.4.30 The policy seeks to balance the strategic significance of an overhead line proposal in terms of its transmission of electricity from areas of generation to areas of consumption with the extent of predicted significant impacts upon the environment associated with the proposed development. The policy envisages that development proposals will be accompanied by mitigation proposals to help address concerns, which may include where appropriate, undergrounding and the removal of redundant infrastructure.

5.4.31 As set out within Chapter 1 of the ES and above within this Planning Statement, the need for the proposed development is purely based on the existing network capacity not being sufficient to support the additional 212MW of contracted generation in the area, which if the network was not upgraded would significantly exceed the capacity of the existing 132KV double circuit overhead line. The proposed development, through the consideration of alternatives, has been found to be the most appropriate development solution to enhance network capacity with due regard to licence holder obligations in the context of the proposed development being the most efficient, co-ordinated economical and environmentally acceptable development proposal to meet the network upgrade requirements.

5.4.32 The policy then requires the strategic significance of the proposed development to be balanced with the potential significant environmental effects of the development. In this regard, the proposed development, through the EIA process has been predicted to result in limited significant landscape and visual effects which have been reduced through the EIA and routeing processes. The routeing process has been informed by the Holford Rules as well as SHE Transmissions update to the Holford




Rules in 2004. It is the case that the routeing process has sought to minimise and reduce potential adverse environmental effects wherever possible.

5.4.33 The Proposed Development is a linear development supported by steel lattice towers that has a length of around 19km. The steel lattice towers are proposed at between 46 and 55m above ground level and considering this with the overall length of the proposed overhead line (circa 19 km), significant landscape and visual effects would be inevitable.

5.4.34 It is considered that the proposed development has been proposed in the most environmentally acceptable manner, whilst balancing this with other licence holder obligations set out within Chapter 1. Accordingly, it is considered that the potential residual significant effects of the Proposed Development are not unacceptable and on this basis the Proposed Development is found to be supported by the policy.

5.5 Conclusions

5.5.1 As set out above, the Proposed Development has been assessed against the relevant provisions of the Development Plan. The Proposed Development is found to be consistent with the aims and objectives of the plan. It is considered that there are no individual policies within the plan with which the Proposed Development does not comply.



6 CONCLUSION

6.1 Introduction

6.1.1 This Chapter of the Planning Statement draws together conclusions to explain how the Proposed Development is consistent with the requirements of the relevant provisions of the Electricity Act 1989 and the extent of support that can be drawn from other relevant policy considerations.

6.2 The Electricity Act

6.2.1 As identified in Chapter 1, the Proposed Development requires to be considered under the terms of the Electricity Act. Paragraph 3(2) of Schedule 9 to the Electricity Act provides a specific statutory requirement on the Scottish Ministers to have regard to the following when considering development proposals:

“The desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeology interest; and

The extent to which the developer has complied with its duty to do what it reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or any such flora, fauna, features, sites, buildings or objects”.

6.2.2 The information that is contained within the individual topic chapters of the ES, and the Technical Annexes addresses these matters.

6.2.3 It is important to note the use of the terms ‘desirability’ and ‘reasonably’ with regards to routeing, siting and mitigation. This recognises that there are balances and reconciliations to be considered in decision making, particularly in the context of the transmission licence holder obligation “to develop and maintain an efficient, co-ordinated and economical system of electricity transmission", which when examined in the context of Schedule 9 (as referred to above), will require environmental matters to be balanced against those of an economic and technical nature.

6.2.4 It is concluded that through the strategic routeing work and the EIA process, which has been undertaken in accordance with good practice, many possible environmental effects have been avoided or reduced. It is considered that the detailed work undertaken for the EIA has confirmed that the Proposed Development represents the best balance of technical, economic and environmental considerations. It is further considered that SHE Transmission has fulfilled its obligations under Schedule 9 of the Electricity Act in this regard.

6.3 National Planning and Energy Policy

6.3.1 Of particular relevance are the EU, UK and Scottish Government renewable energy targets and policies. Such targets and policies, provide the basis of the need case for the Proposed Development.

6.3.2 Such targets and need are also recognised within the NPF 3 and SPP. The proposed project is recognised within the NPF 3 as being a ‘National Development’, where the principle and need for the development has been accepted, leaving only the project specific details such as routeing and siting to be considered at the consents stage.




This is considered particularly relevant and a matter which should be attributed significant weight.

6.3.3 In terms or routeing and siting of transmission lines and substations, this has been informed by the Holford Rules, together with the Applicant’s own guidance4 and the EIA process, and on the whole has sought to avoid the most sensitive environmental areas favouring areas of lesser sensitivity. The route and the substation locations proposed have been carefully considered.

6.3.4 In conclusion, these policy considerations set out are found to be particularly supportive of the proposed project.

6.4 The Development Plan

6.4.1 The relevant provisions of the Development Plan have been considered and in particular the relevant aims and objectives and the policies that relate to the main technical environmental assessments reported within the ES. It is considered that the Proposed Development can draw support from the aims and objectives of the plan and that there are no individual policies with which the Proposed Development does not comply.

6.5 Overall Conclusions

6.5.1 It is considered that the project satisfies the obligations placed on the Applicant terms of the Electricity Act and is also supported by relevant policy considerations. It is therefore recommended that consent should be granted under s.37 of the Electricity Act and that a Direction should be made that planning permission be deemed to be granted under s.57 (2) of the Town and Country Planning (Scotland) Act 1997 for the Proposed Development as a whole.

4 Scottish Hydro Electric Transmission Plc (2004) Electricity Transmission Development Proposals In Scotland, The Scottish

Hydro-Electric Transmission Limited (SHETL) Approach;

Documents

Knocknagael to Tomatin 275kV Planning Statement