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22-01221-S36 Supplementary Report no.1

Argyll and Bute Council · 15 February 2023
Back to Planning, Protective Services and Licensing Committee — 15 February 2023 and its agenda

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Argyll and Bute Council   
Development and Economic Growth     
 
  
This Supplementary report is a recommended response to the Scottish Government’s
Energy Consents and Deployment Unit (ECDU) Section 36 consultation on behalf of Drax
Cruachan Expansion Limited 
_________________________________________________________________________   
 
  
Reference No: 22/01221/S36   
 
  
Applicant:     The Scottish Government on behalf of Drax Cruachan Expansion Limited
Proposal:    Electricity Act Section 36 consultation relevant to construction and operation 
of new underground power station and associated infrastructure adjacent to 
Cruachan 1 to provide up to 600 megawatts (MW) of additional new    
generating capacity 
Site Address: Cruachan Power Station, Lochawe, Dalmally
________________________________________________________________________    
SUPPLEMENTARY REPORT NO. 1   
  
1. Legal Update on Wording of Recommendation
  
Since completion of the Report of Handling, Legal advice has very recently been received which
advises a change to the wording of the recommendation in order to avoid ambiguity on the
Council’s position and to protect the Council’s interests in the event that these issues are not
taken forward by the Energy Consents Unit. 
Revised Recommendation
Officers recommend that Members agree that the Council Objects to the current
proposals, unless the conditions as recommended by the Planning Authority and other
consultees are imposed on any consent.
Officers also seek Member’s authority to undertake further discussions with the
applicants and The Scottish Ministers to determine whether a planning condition, a
Section 69 agreement, or a Section 75 agreement between parties would most effectively
deliver the Council’s requirement for the necessary Housing Strategy. 
 
  
Author of Report: David Moore     Date: 14.02.23
Reviewing Officer: Sandra Davies     Date: 14.02.23  
 
 
  
Fergus Murray    
Head of Development and Economic Growth