Always on
This project successfully funded on 27th October 2025, you can still support them with a donation.
Money to pay for a Judicial Review
Castle Douglas, Dumfries and Galloway, United Kingdom
Aim
To pay for a Judicial Review which is scheduled to take place on Monday 29th September at the Court of Sessions, Edinburgh.
We are Galloway Without Pylons (GWP), a local action group, set up to protect a beautiful area of Dumfries and Galloway from being blighted by 118 giant pylons over 32.5 km between Glenlee and Tongland. The project proposed by Scottish Power Energy Networks (SPEN), who are owned by the Spanish energy conglomerate Iberdrola, cuts through the Galloway Forest Park close to major tourist attractions such as the Queensway Crossing, Raiders Road, Loch Stroan, Otter Pool, Red Kite Trail, Kennick Burn (and the ancient Beech avenue), the Bennan, Slogarie and Laurieston Forests and Barstobrick.
SPEN applied for a 132kV overhead pylon line (OHL) from Kendoon to Tongland. Dumfries and Galloway Council objected to their planning application so the application went to a public inquiry.
GWP want the section between Glenlee and Tongland undergrounded and argue that the extra cost should be spent to preserve the environment, wildlife and the local tourist industry. SPEN state “it is acknowledged by SPEN that the underground option is, in each case, technically feasible and, on balance, environmentally preferable having regard to landscape and visual as well as forestry impacts”.
Undergrounding takes place all over the world and has been done in the UK in many areas of outstanding natural beauty. We believe that the Galloway Forest Park, the second most visited attraction in Dumfries & Galloway should be awarded the extra funds that could be made available.
The Scottish Government received almost 1,000 objections with not a single representation of support. GWP is supported by 23 Community Councils, Finlay Carson MSP, Emma Harper MSP, Colin Smyth MSP, Oliver Mundell MSP, the Galloway & Southern Ayrshire Biosphere, RSPB, Scottish Forestry and many other businesses and institutions.
The RSPB have stated that they have significant concerns about the potential collision risk for nightjars. 95% of the Scottish population of this protected species is to be found in Dumfries and Galloway. The RSPB also have concerns for raptors including, golden eagles, osprey, goshawks and red kites.
Many land mammals found near the OHL route are included in the Scottish Governments Bio Diversity List. Water vole, brown hare, otter, pine marten, red squirrels and a variety of bats are listed either for conservation action or where negative action should be avoided.
The Bio Diversity list also includes the following reptiles/amphibians where negative action should be avoided. These are the common toad, great crested newt, palmate newt, slow worm adder and common lizard. All are found in the area of the OHL and just to give one example, thousands of toads can be seen in late summer on forestry tracks in the area, tracks that will accommodate heavy construction vehicles for the access to the pylon sites and quarries.
GWP raised £26,000 to pay for legal representation at the Public Inquiry, money well spent as the reporters recommendation, on 7th Feb. 2024, was "Consent should not be granted under section 37 of the Electricity Act 1989". The reasons were:
(a) Landscape and visual amenity: We conclude that there are a number of significant residual effects which cannot be mitigated.
(b) Forestry: We conclude that there are a number of significant residual effects which cannot be mitigated.
(c) We conclude that there are a number of significant residual effects which cannot be mitigated, in relation to groundwater and cultural heritage.
On the 14th February the Scottish Government overturned the decision of the Public Inquiry and said:
"There are significant adverse environmental impacts which will arise. Scottish Ministers consider these to be acceptable in consideration of the need for and benefits of the proposed development, which are significant considerations that strongly support the decision to grant consent for the applications".
GWP's only course of action was a Judicial Review (JR). A petition was lodged against the Scottish Ministers and SP Transmission plc as the interested party. This petition was successful and the JR was allowed to go ahead. We were also successful in obtaining a Protective Expenses Order which means that if we lose the maximum we pay in legal costs is £5,000 and if we win the maximum we can claim back is £30,000.
So far we have raised £12,000 from the local community. We are being charged an extremely reasonable rate but we still need to raise another £10,000 through this crowdfunding campaign so that the JR can go ahead and pay the legal team which includes a high profile KC.
If you feel able to help our cause with a donation it will be very much appreciated by GWP, the local communities and tourists who enjoy visiting our beautiful area. If we were to win and receive costs then your donations will be returned.
Thank you.
www.gallowaywithoutpylons.org
Funding method
Keep what you raise – this project will receive all pledges made