The proposal comprised a 15-kilometre underground electricity cable, a substation and a transformer. Despite the appeal having been accepted as valid, the reporter found that the developers had not served notice on all requisite landowners under section 35(4) of the Town and Country Planning (Scotland) Act 1997. He then invited the appellants to correct this omission, but this led some landowners to question the legality of this course of action.
The reporter rejected claims that it was beyond his power to determine the appeal, despite the legally flawed application. Neither did he accept that his invitation to the appellants to correct the certification procedure meant he was predisposed to allow the appeal. However, he remained concerned that some landowners along the route had still not been notified. In that light, he held, it was not possible to assert that all reasonable steps had been taken to notify potentially affected owners.
Inspector: David Russell; Written representations