Beauly to Denny Overhead Transmission Line Condition 18: Balblair Rationalisation Scheme - Briefing Note Background The decision letter sent from Colin Imrie to Ian Marchant at Scottish and Southern Energy Plc (SSE) on 06 January 2010 granted consent, subject to certain conditions, for the application of the development of the overhead transmission line between a proposed extended substation at Beauly, near Inverness, and the Wharry Burn, near Dunblane1. Condition 18 of the consent (attached at Annex A for reference) refers to a “Balblair Rationalisation Scheme”. With regard to those conditions of consent which apply to The Highland Council area, The Scottish Government understands that a report prepared by The Highland Council officials and submitted to the Council’s Planning, Environment and Development Committee has raised concerns regarding perceived inconsistencies in these conditions for the Beauly to Denny overhead line. This note is designed to clarify the purpose and nature of the Balbalir condition. Purpose To provide guidance on the Scottish Government’s intentions with regards to the Balblair Rationalisation Scheme, and to address the concerns raised in the report to the Committee in respect of the Beauly to Denny consent 1 A second letter was sent to Scottish Power Transmission Limited granting consent for the application of the development between the Wharry Burn, near Dunblane to the proposed substation north east of Dunipace, Denny. conditions. The Scottish Government’s response to these latter concerns is attached at Annex B. Purpose of the Scheme To mitigate the cumulative visual impact of the wirescape in the Balblair area resulting from the combined presence of the consented 400kV line and existing 132kV and 275kV lines. The Scheme will see at least 6km of existing overhead line which connects into Beauly substation removed or improved. Rationale The issue of impacts on visual amenity has been the focus of significant discussion among the applicants, the statutory consultees and in the evidence presented to the Public Local Inquiry (PLI). The PLI reporters endorsed the iterative route selection process adopted by the developers and concluded that the route as now consented was logical and justified. In this context, the PLI reporters accepted that the area around the existing Balblair substation is a ‘pinch point’, i.e. a location where the alignment of the now consented overhead line is severely constrained by topographic and/or other environmental considerations. This dictates that only minor deviations in tower positions in this area would be possible. Having endorsed the route as now consented, the reporters nevertheless concluded that the impacts on landscape character and visual amenity in the Balblair area would be significant and categorised as ‘moderate adverse’. The evidence from SSE on the proposed mitigation is discussed at para 1.1.245 of Volume 1 of the PLI report. At para 11.12.1 of Volume 1 of the PLI report, the reporters note that: “As The Highland Council readily admits, the community of Balblair has concerns regarding the existing wirescape around the Beauly substation and from our site visit we can well understand the reasons for these concerns. To the north of the substation and north and west of Wester Balblair there are 5 overhead transmission lines converging on the substation… This results in a substantial concentration of overhead lines and towers in that area with a consequent major adverse visual and landscape impact. We have no doubt that the removal of some of these lines and their associated towers could only have a beneficial effect on the visual amenity and landscape character of the immediate area and on the residents of Wester Balblair. That benefit would be increased if the removal of the 132kV overhead lines also allowed the reduction in height of the existing tall tower for the 275kV line immediately to the western edge of the village.” The reporters therefore recommended that implementation of such measures be a condition of the grant of consent. Scottish Ministers agree and have imposed condition 18 accordingly. Details of Location The proposals must include the removal of sections of three existing 132kV lines around Balblair. These would be replaced by underground cables and three new terminal towers. The total length of overhead line removed would be about 6 km and this would be replaced by almost 8 km of underground cable. These sections of line are located as follows: 1. to the north of Balblair (to Erradale in the Farley Wood, part of the line to Grudie Bridge); 2. to the north-north-east of Balblair (to Teachnuik Wood, part of the line to Shin); and 3. to the east of Balblair (to the Dunballoch Plantation, south of Beauly – part of the line to Inverness). The proposals must also include the removal, relocation or reduction in height of the single tall tower to the north of the substation, and any feasible reduction in height of towers made possible as a result of the removal of these sections of 132kV lines. The Scottish Government’s intentions with regards to the Balblair Rationalisation Scheme The Balblair Rationalisation Scheme will comprise of measures to be undertaken by SSE for mitigating the landscape and visual impact of the line in the Balblair area. Condition 18 states that: “Neither the overhead transmission line or the towers carrying that line shall be installed or constructed…” in the whole Highland Council area until the requirements at (1)(a), (b) and (c) are fulfilled. Part 4 of the condition details certain sections of existing overhead line which must be included in the Scheme. The condition requires the developers to bring forward proposals to mitigate the visual impact of the wirescape in the Balblair area, specifically sections of the Beauly-Inverness, Beauly-Shin and Beauly-Grudie Bridge 132kV overhead lines and a number of towers in the area. These proposals must include plans for the undergrounding of the aforementioned sections of overhead line and for the lowering or repositioning of various other towers. The Scottish Government is required by Condition 18 to consult with The Highland Council before approving any scheme proposed by the developers. In particular, the Council has a crucial role to play in representing the views of the local community. It is our view that the Council should be consulted by SSE from the outset in the design of the scheme and we understand the company fully intends to do so. Process The Condition lays out three requirements that must be fulfilled before the overhead transmission line or the towers can be erected. It is the intention of the Scottish Government that these three requirements run sequentially, as follows. 1. The Developers come forward with proposals for the scheme, after consultation with Highland Council. It is important that proposals are made as soon as possible, in order that the appropriate consultation can then be undertaken. 2. The Scottish Government will allow 30 days for consultation with Highland Council on any proposal. Ministers decide if the proposals appropriately fulfil the purpose of the scheme. 3. Provided that approval for the proposal has been given by Scottish Ministers, the Developers obtain any further permissions and consents required to implement the approved scheme. Further Advice and Discussion The Scottish Government is very keen to engage with The Highland Council where we can be of assistance on this matter. If you require any further clarification please do not hesitate to contact me at the following number or email address: Simon Coote The Scottish Government Head of Energy Consents and Deployment Business, Enterprise and Energy Directorate Tel: 0300 244 1238 Email: simon.coote@scotland.gsi.gov.uk ANNEX A The Balblair Rationalisation Scheme condition Balhlair Rationalisation Scheme 18.--( 1) Neither the overhead transmission line or the towers carrying that line shall be installed or constructed in the area of THC until(a) the applicant has submitted to the Scottish Ministers for approval a scheme prepared in accordance with this condition setting out proposals to mitigate the impact of wirescape in the Balblair area ('the Balblair Rationalisation Scheme'); (b) the Scottish Ministers have, in consultation with THC, approved the Balblair Rationalisation Scheme; and (c) the applicant has obtained any consents and permissions necessary to enable the applicant to implement the approved Balblair Rationalisation Scheme. (4) The Balbair Rationalisation Scheme is to include proposals for: (a) the removal of those sections of the Beauly-Inverness, Beauly-Shin and BeaulyGrudie Bridge 132kV overhead transmission lines, and their replacement with underground cables as detailed in Chapter 11 of Volume 2 of the Inquiry Report and APL INV22 (Plan showing wirescape mitigation measures at Beauly substation); and (b) the lowering or repositioning of(i) the tower situated immediately to the west of Wester Balblair which presently supports the existing 275kV line; and (ii) all other towers which it would be technically possible to reduce in height as a result of the removal of the 132kV lines. (5) The applicant shall implement the approved Balblair rationalisation scheme within one year of the commissioning of the overhead transmission line unless otherwise agreed in writing by the Scottish Ministers. ANNEX B In respect of the concern that the conditions of consent for the Beauly to Denny overhead line are inconsistent between local authority areas. The Reporters fully considered potential mitigation measures in the Environmental Statement and in evidence to the public inquiry. Consent for the Beauly-Denny upgrade is subject to detailed and comprehensive conditions to protect the interests of communities, the environment, cultural heritage and tourism. Every one of these conditions addresses a specific impact which has been assessed to be significant, and it is up to the applicants to fulfil those conditions. With the exception of the additional conditions imposed by Jim Mather, the Minister for Enterprise, Energy and Tourism, all conditions of consent for the upgrade were fully considered at the Inquiry and follow the Reporters’ recommendations. With regard to the specific concerns raised by the report to the Committee: SSE condition 42, which concerns the issue of towers close to properties, addresses specific localised impacts on visual amenity which the PLI reporters assessed as being major adverse. In the Perth & Kinross Council area between Tummel Bridge and Braco there will be 33 properties within 100m of the line as now consented, compared with 18 in The Highland Council Area between Beauly and Fort Augustus. The route as now consented has been chosen to avoid areas of population where possible, and in addition the Limits of Deviation (LODs) within which tower positions can be moved have been restricted in areas close to properties, for example around Fanellan and Eskadale. Regardless, any plans to micro-site towers within their defined LODs will be set out in the Construction Procedures Handbook, which must be approved by Scottish Ministers in consultation with the Environmental Liaison Group and the Tourism, Cultural Heritage and Community Liaison Group, both of which The Highland Council and Cairngorms National Park will be invited to sit on. Those conditions which secure some financial community benefit also address specific localised impacts which the reporters assessed to be significant. The impacts on tourism, recreation and businesses were fully considered at the PLI, and the reporters concluded the overall impact would be modest and would reduce over time. With regard to those conditions relating to roads in The Highland Council’s area, the list of measures to be contained in the Traffic Management Scheme is not exhaustive - Condition 56(4) provides the Council with an opportunity to request information on, for example, potential improvements to passing places if they see fit. If requested, this information could inform proposals which form part of the Scheme, and the Council’s approval will be required before the Scheme can be implemented. In respect of the restoration of roads, Condition 55 will ensure that all roads and highway structures used in connection with the development in The Highland Council area are returned to their previous standard as defined in the baseline engineering survey. With regard to the Roads (Scotland) Act 1984, Section 96 provides any relevant roads authority, including The Highland Council, with the right to claim a sum by way of a composition for any liability the applicant may have for any excessive damage to roads as a result of their use by heavy or otherwise extraordinary vehicles or traffic.