A complex retrospective planning application has led Highland councillors to seek advice from Sepa.
Scottish Hydro Electric Transmissions had applied for retrospective permission for three access tracks to overhead lines at Farr.
The tracks were consented for the construction period only, but Scottish Hydro wants to keep the tracks for ongoing maintenance.
However, local residents launched a staunch objection. They say the construction works have polluted their private water supply.
The residents can prove that their water is contaminated with bacteria linked to wildlife droppings. But they can’t prove that the Scottish Hydro development caused it.
Councillors grappled with the best approach to the complex application. Ultimately, they decided to consult the experts.
Local member David Fraser won support for his motion to ask Sepa to look again at the impact of the tracks.
Highland Council therefore deferred a final decision and will reconsider based on Sepa advice.
It’s an important win for the five homes, who say their water supply is no longer safe to drink.
Where is the evidence?
Much of the debate hinged on the evidence – or lack of it.
Scottish Hydro’s planning application in Farr attracted 11 local objections based on concerns about the private water supply to homes in Blar Buidhe, Achvaneran and Beachan.
Residents there say the water source provided abundant, clean drinking water for 37 years.
However, they tested the water supply in 2018 and found pathogenic bacteria including E. Coli. The test results suggest the water could be contaminated with deer droppings or other animal faeces.
Unfortunately, there’s no way of proving that works for the Tomatin – Knocknagael power line caused the problem.
Scottish Hydro ran its own tests at the Farr site in 2021 and found the risks of contamination “negligible”. Both Sepa and the council’s environmental health team also say the development is not likely to have affected the water supply.
Some residents now relying on bottled water, says councillor
Local councillor David Fraser took up the residents’ concerns and spoke at length during the meeting of south planning committee.
Mr Fraser drew attention to several alleged oversights by Scottish Hydro. He claimed the applicant had drawings of the water supply prior to commencing work but failed to factor it into their plans.
He also said the applicant did not get micro-siting approval for a section of track that deviated from the agreed plan. This section, he says, could have affected the quantity of water on the site.
“The ground is drying up; the fauna is changing,” he said. Mr Fraser described the site as dense forest prior to construction, with a small clearing for the private water supply. Now, the access tracks have cut a corridor, leading more animals to the area.
“The result is the risk of bacterial contamination has increased,” he concluded.
Mr Fraser said some of the affected homes are having to rely on bottled water.
Scottish Hydro Farr accusations ‘all hearsay’
However, chairman Thomas MacLennan reminded the committee that without any definitive benchmarking data, the contamination claims were “all hearsay”.
Councillor Andrew Mackintosh agreed, stating it was “hard to separate cause and effect”.
With this in mind, planning officers recommended Scottish Hydro’s Farr application for approval. They noted to members that the damage is already done, and “we’ll probably never know for sure” what caused it.
Councillors were reluctant to accept that line of argument. Chris Ballance said: “We have anecdotal evidence from the residents that the water was tested and clean for 37 years. There’s no reason why they should be lying or inventing that. We should take the word of residents on board as we have nothing to contradict it.”
After a recess to discuss, councillors Fraser and Ballance moved a motion to defer a decision. They want Sepa to look at the deviation from planning permission on track three, and assess the potential impact on the private water supply.
The application will return to a future meeting of south planning committee – hopefully with more evidence.
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