Our Press Release - 16th August 2024
WHAT IS GOING ON IN THE SCOTTISH GOVERNMENT? WHO IS ACTUALLY IN CHARGE OF ENERGY POLICY?
GILLIAN MARTIN, Cabinet Secretary for Net Zero and Energy, sends duplicate emails (see at end of this press release) to multiple shocked recipients via their elected representative Deputy First Minister, Kate Forbes, informing them that the Scottish government has ‘no plans for a public inquiry’ on Skye despite the Highland Council’s objection to SSEN’s overhead line application over nine months ago in November 2023.
A local authority objection to a Section 36 or Section 37 planning application should trigger an automatic public inquiry and communities on Skye, in the full knowledge that SSEN’s overhead lines are to *encourage yet more onshore wind turbines, are anxious for the opportunity to have SSEN’s planning application examined in a public forum and a chance for independent experts to cross examine the developers.
*The encouragement of hundreds if not thousands additional huge and dominating turbines across the Highlands is because of the Scottish government’s onshore wind policy as confirmed by Ofgem to Communities B4 Power Companies (CB4PC) and SSEN themselves in a public meeting.
CB4PC has written to the Energy Consents Unit demanding an explanation.
“To announce this decision in a letter to the DFM for her to pass on to a constituent seemed to be a very unusual way (to say the least) to disseminate a decision that many people have been waiting a long time to hear.
Surely something should have been placed on the ECU web site page and objectors notified.
A rumour is circulating amongst objectors that the ECU is trying to disown this letter on the basis that it was not written by the ECU.
The Scottish Ministers are a single entity reflecting the code of collective responsibility. When one Minister signs a letter including a decision then that binds the other Ministers too (unless they resign). It also binds the respective Departments.
Furthermore, given that the letter was presumably drafted by senior advisors, who would have consulted with colleagues, and then the letter was checked and signed by the Cabinet Secretary, we are entitled to take the letter at face value and it clearly states “we have no plans to constitute a Public Inquiry”.
Therefore, taking all of the above on board, the "no Public Inquiry" is then the collective decision of the Scottish Government.”
Lyndsey Ward from CB4PC says:
Is the Scottish government just incompetent or do they simply not care about the stress they have loaded onto the citizens of Skye and the Highlands with their clumsy blurting out of vital information. Their contempt for local democracy and disrespect to those about to be hideously impacted by their total disregard of community views and that of their local authority is simply astonishing and unacceptable. A copy and pasted email is not the way to announce such devastating news!
CB4PC continues to be amazed at the slashing of local opinion where Big Energy is concerned. The revelation that SSEN and parent company SSE have not had a planning application refused by Scottish Ministers in at least fifteen years does not instil confidence in those fighting to protect Scotland’s iconic environment from the global investment companies determined to destroy it for profit that the Scottish government has their best interests at heart.
Email from Gillian Martin to Kate Forbes and sent to several constituents asking why there has not been a public inquiry announced for Skye over nine months after Highland Council objected to SSEN’s Section 37 overhead line planning application. See highlighted section in yellow.
From: Kate Forbes MSP <Kate.Forbes.msp@parliament.scot>
Date: 14 August 2024 at 14:27:29 BST
Subject: Planning Inquiry (Case Ref: KF20400)
Dear XXXX, thank you for your recent correspondence.
Please see below the response that I received from the Energy Minister in full.
Kind regards,
Kate
Kate Forbes MSP
Skye, Lochaber and Badenoch
Dear Kate,
Thank you for your email on behalf of your constituent, regarding developments on the Isle of Skye and their request for a Public Inquiry.
The Scottish Government recognises the need to strike a balance between allowing deployment to reach net-zero targets and to decarbonise our power supply for the health of our population and environment, while considering concerns over factors such as peatland, biodiversity, landscape impacts, local economy and tourism, and cumulative impacts. The planning system exists to ensure that development sites are optimised and offer net benefit wherever possible, with our planning and consenting systems ensuring that each application is viewed holistically.
It is clear to me that we have a pressing environmental need to increase our renewable generation capacity and there is an important role for onshore wind in driving economic growth, creating high-quality green jobs and bringing wider benefits to communities across Scotland. We will need more installed onshore wind capacity by 2030 but we want communities to benefit more from their development than has been the case in the past and have tasked developers to work with communities on this. You can read more about our onshore wind ambition and the benefits we want this to bring for Scotland in the Onshore Wind Sector Deal.
I recognise that ensuring Scotland has an electricity system that is fit for the demands of the future is vital, and the upgrade to infrastructure is something that countries across Europe are having to prioritise. We need to ensure the power that is generated from increasingly renewable sources can be transported to where it is needed – to our homes, businesses, and communities across Scotland and Great Britain.
I note that your constituent has requested a Public Inquiry. These powers apply to cases where there are considerations of national or regional importance and a proper evaluation of them cannot be made unless there is a special inquiry for the purpose; and that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
There are however existing and well-established consenting procedures for renewable energy infrastructure, including for the consideration of any cumulative impacts arising. Therefore, we have no plans to constitute a Public Inquiry.
However, the Scottish Government is committed to ensuring that developments happen in the right place, and our planning and consenting systems are designed to ensure local communities can have their say.
The National Planning Framework 4 (NPF4), which was approved by the Scottish Parliament, directly influences all planning and consenting decisions. NPF4 makes sure decision-making enables the sustainable expansion of our electricity networks and renewables infrastructure while continuing to protect our most valued natural assets and cultural heritage. Potential impacts on communities, nature and cultural heritage, including the cumulative effects of developments, are important considerations in the decision-making process, with all applications being subject to site-specific assessments.
The ongoing planning reforms have placed significant emphasis on increasing the capacity for local people to have a meaningful say and influence over their area's future development. The Planning (Scotland) Act 2019 introduced a range of provisions designed to enhance the engagement of communities throughout the Scottish planning system. This includes several measures intended to improve the process of preparing local development plans, including the new right introduced earlier last year for communities to produce their own local place plans.
Scottish Ministers have responsibility for determining applications relating to onshore generating stations with a capacity greater than 50MW and overhead lines, under sections 36 and 37 of the Electricity Act 1989. Once an application is submitted to Scottish Ministers for consideration it is subject to consultation with statutory and non-statutory stakeholders and members of the public. It is through this consultation that local communities have an opportunity to make a representation to any live application. By law, Scottish Ministers must consider representations relating to a project made as a result of that consultation process when considering applications and proposals are considered on a case-by-case basis.
To ensure that everyone has access to relevant information about the procedures for applications under sections 36 and 37 of the Electricity Act 1989, the Scottish Government has published good practice guidance, which includes further information on the application process, public consultations and how to make representations. The good practice guidance is available on the Scottish Government’s website here.
In addition to this we have made repeated calls on the UK Government to make pre-application community engagement in these projects and associated guidance a statutory requirement, and to explore mandating community benefits from all onshore renewable energy projects and transmission infrastructure. At the moment both are voluntary, and the previous government was not responsive to the Scottish Government’s asks on these issues to explore mandating community benefits across all other parts of our future onshore net zero energy system.
However, with a new UK Government now in place I am actively in early engagement with them to progress this work and get agreement. I will continue to make the argument that the communities of Scotland need to see the benefits of these developments and that developers should be subject to stricter rules on how they engage with communities and how they respond to concerns.
In lieu of any UK Government acting on those calls, we are engaging with developers of onshore renewable projects, and with Transmission Owners, to encourage meaningful engagement with communities who are being asked to host this infrastructure.
Thank you again for contacting me about this important matter. I hope your constituent finds the above information helpful.
Yours sincerely,
Gillian Martin MSP
Cabinet Secretary for Net Zero and Energy
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Contact: Communities B4 Power Companies
