Scottish Government

Mr David Hodkinson

AMEC Wind Energy

Bridge End

Hexham

Northumberland

NE46 4NU

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Our ref: Clashindarroch Wind farm

10 September 2007

Dear Mr Hodkinson,

APPLICATION FOR CONSENT UNDER S36 OF THE ELECTRICITY ACT 1989:

WIND GENERATING STATION AT CLASHINDARROCH, ABERDEENSHIRE

1. I am directed by the Scottish Ministers to refer to the application dated 11 July 2003 under section 36 of the Electricity Act 1989 ("the Act") by Amec ("the Applicant") for both the consent of the Scottish Ministers to construct and operate a wind farm at Clashindarroch Forest near Huntly, Aberdeenshire and their direction under section 57 (2) of the Town and Country Planning (Scotland) Act 1997 that planning permission for the development be deemed to be granted.

Introduction

2. On 26 April 2004 and in terms of the Act, Moray Council advised the Scottish Ministers of their decision to object to this application. As that objection was not withdrawn and as the Scottish Ministers did not accede to the application subject to such modifications or conditions as would give effect to the objection, the Scottish Ministers were obliged, in accordance with paragraph 2 of Schedule 8 of the Act, to cause a public inquiry to be held.

3. The application was considered at a Public Local Inquiry held between 15 May and 1 June 2006 by Mrs Jill Moody DipTP MRTPI. A copy of the inquiry report is enclosed for information.

4. The parties who appeared at the inquiry are listed in Annex 1 at the end of the report. Chapter 1 of the report, between pages 1 and 17, gives a description of the site and its surroundings; summarises the proposal, consultation process, and representations received. Chapter 2 provides details of the relevant national Planning Policy Guidelines, Scottish Planning Policies and planning Advice Notes and development plan policies (pages 18-43)

Evidence at the Inquiry

5. In Chapter 3 of the report, the Reporter summarises the evidence led and the arguments advanced by the Applicant, the Deveron District Salmon Fishery Board, the Deveron Bogie & Isla Rivers Charitable Trust, and others.

Consideration by the Reporter

6. The reporter's reasoning, conclusions and recommendations that both Electricity Act section 36 consent and deemed planning permission be refused are given in Chapter 4.

The Scottish Ministers' Decision

7. The Scottish Ministers have carefully considered the report and have concluded that they accept the Reporter's findings of fact, conclusions and recommendations. The Scottish Ministers conclude that, in view of the potential unacceptable impacts of the proposal on the landscape, visual and residential amenity effects in the Deveron Valley, consent under section 36 of the Act should not be granted and accordingly do not direct that planning permission be deemed to be granted.

8. Copies of this letter and the inquiry report have been sent to Aberdeenshire and Moray Councils and to statutory consultees, Scottish Natural Heritage and the Scottish Environment Protection Agency. A copy of the decision letter and the inquiry report will be available on our website at www.scotland.gov.uk/enterprise/energy.

Yours sincerely

JANE MORGAN

Head of Energy and Telecommunications Division