Legal Challenge to Galloway Power Line Project Dismissed
A legal challenge opposing the installation of new overhead power lines across southern Scotland has been dismissed.
The Scottish government granted approval last year for plans to replace approximately 27 miles (43km) of power lines between Kendoon and Tongland.
Campaigners described the approval as a "kick in the teeth," prompting Galloway Without Pylons (GWP) to seek a judicial review at the Court of Session.
However, a judge ruled that GWP failed to identify any evidence or representations that had been overlooked, leading to the failure of their legal challenge.
Approval for the project was confirmed in February of the previous year following an extensive planning process.
The existing network, constructed in the 1930s, was deemed by SP Energy Networks (SPEN) to be at the end of its operational life.
A public inquiry was conducted into the scheme, with reporters ultimately recommending refusal of the project.
Despite this, ministers decided that safeguarding energy supplies for roughly 30,000 residents justified proceeding with the project.
Opponents labelled the decision "disgraceful," noting that the local community had campaigned for seven years to have the lines either placed underground or rerouted.
The Court of Session has now published its judgement on the case.
Court's Judgement and Reasoning
The court noted that GWP's main argument was that the ministers' decision letter did not provide sufficient reasons for overruling the reporter's recommendation.
"The critical decision here concerned the weight to be attached to the need for the development,"said Lord Lake in his written judgement.
"The decision was that this should not be reduced as the reporters had suggested.
It was as a result of the effect of that on the overall balancing exercise that the ministers came to the decision that they did."
Lord Lake further stated that GWP had not identified any evidence or representations it claimed were overlooked.
"This makes it impossible to consider whether it was so obviously material that it required to be the subject of express consideration,"he added, ruling the legal challenge unsuccessful.
Reactions to the Ruling
Paul Swift of GWP expressed his disappointment with the court's decision.
"I'm extremely disappointed for myself, people living and working in the area and visitors.
It's also a blow for the environment and the wildlife especially when SPEN could have chosen the existing route - with a very short stretch of undergrounding - which would have caused far less damage,"he said.
SP Energy Networks issued a statement welcoming the court's decision.
"Our Kendoon to Tongland project will replace a line that's over 80 years old, improving the security of supply to thousands of homes and businesses, including hospitals and schools, in the region,"the statement said.
"Scotland's energy security will also be boosted by the project, helping to create more space on the network for new, green homegrown electricity to connect into the grid."
