Protesters: power line go-ahead broke rules

Published on Monday 22 February 2010 22:02

CAMPAIGN groups have written to Scotland's energy minister demanding that a public inquiry into the controversial Beauly to Denny power line be reopened for legal reasons.

Scotland Before Pylons and the Beauly-Denny Landscape Group claim in a letter to Jim Mather that he did not follow procedural rules when he approved the 137-mile power line. There were 18,000 objections to the 350 million line from Beauly near Inverness to Denny in Stirling, which was granted permission in January.

Critics fear the 600 giant pylons will damage some of Scotland's most precious views, but the Scottish Government believes the line is crucial to enable the development of renewable energy.

Campaign groups have raised about 100,000 to hire a top lawyer to put together the legal case for reopening the public inquiry. On the advice of John Campbell, QC, the groups claim in the letter that Mr Mather acted outside his powers, under rule 21(4) of the Inquiries Procedure (Scotland) Rules.

Mr Mather decided not to follow the conclusion of the reporters that some sections of the lines should not be given planning permission.

"By deciding to overrule his reporters without consulting local authorities and other bodies, Mr Mather acted outside of his powers," the groups said.

They also reject repeated claims by Mr Mather that he has no power to insist that sections of the line are buried underground.

They cite Section 37 of the Electricity Act 1989, which allows the minister to impose any conditions that he sees fit.

Scotland before Pylons chairman David MacLehose said: "We are calling on Mr Mather to reopen the inquiry so that these matters can be resolved.

These are important issues that must be answered."

Beauly-Denny Landscape Group chairwoman Helen McDade, who is also head of policy at the John Muir Trust, said due to the level of objections, it was "vital" that "the proper procedures are followed and the concerns of objectors are dealt with. Some of our most important landscapes depend on Mr Mather taking our points on board and reopening the inquiry to examine these issues fully."

She told The Scotsman that if the public inquiry was not reopened, legal action in the form of a judicial review was an option the groups could consider. However, she added this would need "very serious consideration" due to the expense involved.

A spokesman for the Scottish Government said there were no plans to reopen the inquiry: "We are comfortable with the procedures that were followed." He added that the powerline upgrade would "unlock Scotland's vast renewables potential and let that potential be harnessed, transmitted and exported".