The Energy Consents Unit contacted Statkraft in April 2026 requesting information from them with regards to the Raeshaw Farms Judgement. Essentially they have been asked to advise whether the wind farm and its grid connection are considered one project for the purposes of the Environmental Impact Assessment or not, and if not, to provide justification in this regard. A requested response date of May 4th was given. As of yet (18th May) a response has not been uploaded on the ECU portal. The full correspondence is attached below.

SAVE COWAL’S HILLS OBJECTION ON THIS VERY POINT

One of the many points of objection we made to this application was on this very point as below.

1.2 Components of an Environmental Impact Assessment (EIA) -based Application
‘A material deficiency in the EIA concerns the assessment of the “project” as a whole. An electricity generating station of whatever type is useless without some means of transmitting power to the end user. In the same way, a power line, whether overhead or underground, is useless without a source of generation. The two are interdependent. The project’s grid connection does not form part of this application under the Electricity Act, 1989. It is to be assumed that this is the rationale for this EIA not providing any information on the environmental effects arising from the required grid connection.

3.2.13 to 3.2.15 (in EIA) states:
‘The grid connection point for the Proposed Development is subject to confirmation by the network operator. It is current anticipated that the Proposed Development will connect to Dunoon substation. The precise route of the grid connection cabling has not yet been determined and its effects are not identifiable/assessable because it has yet to be designed and an application has not yet been made. The grid connection application will be made by SSEN who are responsible for the transmission and distribution of electricity in Argyll and Bute.’

We assume of course that the applicant feels that it is fine to state that an application for connection would be made later and there is no notion that the grid connection should form part of this project. The applicant does not make a statement beyond the above, however a relevant consideration in determining the nature of a projects relates to functional interdependence – where one part of a project could not function without the other. So here we have a hybrid development proposed for wind turbines, and BESS, but it is not considered relevant to add in the grid infrastructure to aid in assessing the project? We view this as a serious failing even if the decision-makers are willing to allow such incompleteness.‘

RAESHAW FARM’S JUDGEMENT

What is the Raeshaw Farms Judgement you may ask? On 17 February 2026, the Inner House of the Court of Session delivered a decision in Raeshaw Farms Limited v Scottish Ministers [2026] CSIH 10. The Court quashed the planning permission for the Wull Muir Wind Farm, granted on appeal, and remitted the decision back to the Scottish Ministers for a different reporter to retake the decision.

The Court held that:

• the reporter, in deciding to grant consent, erred in failing to consider whether the wind farm and grid connection constituted one project for EIA purposes; and
• there was force in the argument that it was irrational to take the benefits of a connected, operational wind farm into account without also addressing potential adverse impacts of the grid connection.

The full (lengthy) document is below.