We previously blogged about the critical role that compulsory purchase can play in delivering renewables projects and much needed upgrades to the electricity transmission network.
The Scottish Government’s Register of Compulsory Purchase Orders (CPOs ) records 17 energy related CPOs made by developers or network operators since the Register was first published in January 2012. Of these, seven were confirmed by the Scottish Ministers (allowing compulsory acquisition to proceed). Six CPOs were withdrawn – usually indicating that voluntary deals were done with the affected landowner, superseding the need for the CPO. And four cases have yet to be determined.
Three of the “pending” cases, which can be viewed on the Directorate of Planning and Environment’s online portal, demonstrate the useful and wide-ranging contribution which CPOs can make:
- Berwick Bank offshore wind farm – a CPO made by the developer (an electricity generation licence holder) to acquire land and rights for the onshore infrastructure needed to connect the recently consented offshore wind farm to the grid, including substation, cable route and landscaping. The land for the substation would be acquired outright (ownership), while the rights to be acquired include access rights, rights to lay cables, drainage rights and “protective rights” to avoid damage to infrastructure.
- Strathy South Onshore wind farm - a CPO made by the developer (again a licence holder) to secure land rights authorising the overrun and oversail of third party land to enable the transport of large wind farm components from Scrabster harbour to the development site in the Highlands. The developer in this case proposes to acquire the third party land outright but offer it back to the former owners post-acquisition, subject to a lease.
- Glenmuckloch to Glenglass Reinforcement project – a CPO made by the relevant transmission network owner and licence holder (SP Transmission plc) to acquire land and rights needed to develop a new substation and overhead electricity line.
Given the importance of CPO as a tool for project delivery, it’s disappointing that decision making on confirmation of energy CPOs has been slow in some cases. For example, the Scottish Government Reporter examining objections to the Strathy South CPO made his recommendations to Scottish Ministers in November last year, but the Ministers’ decision has still to be published. Berwick Bank has faced an even longer wait, although it might be expected that the decision will be made imminently given the recent issue of the section 36 project consent.
While quicker decision making would be welcomed, it’s reassuring for developers to know that they have the tools they need to unlock land assembly problems when negotiations stall or fail to reach agreement.
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