Barrel Law

Nobody expected ABO to accept local democracy and the appeal appeared on the last day allowed.

Anyone who lodged an objection will have been notified by SBC of the appeal and all the objections from individuals and the community councils have been forwarded to the Reporter.

The application was refused on two grounds, some involving the MOD and the Eskdalemuir Noise Budget.  ABO disputes the “non-MOD” grounds for refusal. SBC has countered these arguments in a strongly worded response.

SBC have left arguments on MOD grounds to the MOD. ABO claim that recent developments on the ENB should mean the appeal is put on hold (or sisted). The MOD’s interpretation of what has happened is very different to ABO’s but they also believe a sist is appropriate.

There are arguments against a sist including the continuing uncertainty which is not fair on local people. I agree and believe that ABO should be advised to withdraw their application. SBC make it clear that they want an early decision but will not oppose a sist if the Reporter thinks it appropriate.

It seems likely the Reporter will agree the appeal should be sisted. If a sist is agreed the application will be effectively frozen for months or even years. When it is reopened the “non-MOD” issues will still have to be considered.

If anyone wants to send in any further comments these should be sent by e-mail to Jane.Robertson@scotland.gsi.gov.uk. (by 4pm on 2nd July).

Stephen Lucking.