After rejection by Scottish Borders Council, Irish speculator Epower continues to agitate for a windfarm above Oxton at the head of Lauderdale.
Under Scottish Planning law when a Local Authority objects to a windfarm, that then triggers a Public Inquiry. The whole scheme should now go to the Division for Planning & Environmental Appeals (DPEA) to be re-examined by a Planning Reporter.
However, the Ditcher Law case still sits with the Scottish Government Energy Consents Unit. Epower has posted a strange document on the ECU portal that begins:
1.2.2 The Applicant is not seeking consent for this proposed grid connection.
2.1.4 the route and associated environmental effects are indicative only and subject to change. SPEN would not be bound by the contents of this Appraisal when developing any grid connection. The assumptions presented do not represent a fixed proposal.
Which begs the question why Epower has submitted such a paper. As it is only indicative, the information does not meet the requirements of the Raeshaw ruling.
Please write to the ECU and object to the whole Ditcher Law proposal. You now have type comments direct into the portal, so draft something first. If you objected last year, do put those comments back in, but be sure to also object to this ‘indicative connection’.
Closing date: Wednesday 23 September 2026.
KEY POINTS
Scottish Borders Council already objected to an application at Ditcher Law. The whole case should now go to the DPEA for examination by a Reporter.
Epower’s Grid Appraisal Report uses caveats including in paragraphs 1.2 and 2.14, meaning that this grid proposal is only indicative.
The existing substation at Dun Law connects to the single circuit 132kV P line from Smeaton to Galashiels. LPG understands that it has transmission capacity of approximately 80MW. In optimal wind conditions the combined output of Dunlaw, Keith Hill and Pogbie windfarms is 60MW. Even with apparent spare capacity those three windfarms are still curtailed on occasion. For example, in 2025 electricity customers paid SP Renewables to throw away 3,300 MWh of electricity from Dunlaw windfarm.
The current transmission line could not handle an additional 52.8 MW of generating capacity. Epower’s ‘indicative connection’ to Dun Law substation would thus mean an excessively curtailed windfarm at Ditcher Law.
Alternatively, Epower hopes for a new & much larger substation and powerline from Soutra to England. In that case Ditcher could be the first domino in a cascade of additional infrastructure, including powerlines and substations all across the Borders.
Neither Cross Border Connection, Harburn to Gala North, Dunlaw Ext OHL or Galanorth substation have even applied for planning permission, let alone been consented or built.
Epower’s ‘Indicative Grid Connection’ should be rejected as a totally inadequate description of what network reinforcement is actually required and its implications for the Scottish Borders. It is thus not not compliant with the Raeshaw judgement.
The closing date for comments to ECU is Wednesday 23 September 2026,
Recent history of the site at Ditcher Law:
>2023 September, Epower applies for 9 turbines each 200m tall looming over Oxton, Carfrae and the high pass entry point to the Borders
>2025 March, Epower resubmits the application, this time for 8 turbines 180m or 200m tall, still intrusive across Lauderdale and for miles around.
> 2025 Summer, local residents submit nearly 80 detailed & heartfelt objections to the scheme.
> 2025 August, SBC asks ECU for extra time to process all the Additional Information (AI). ECU denies SBC planners enough time to respond to hundreds of pages of AI.
>2025 September, Scottish Borders Council (SBC) objects to the proposal.
>2026 February, the Scottish Government Energy Consents Unit (ECU) ignores SBC objection and grants permission anyway.
>2026 May, Scottish Borders Council raises a Judicial Review against the ECU's decision.
>2026 July, ECU decides not to challenge the Judicial Review and the February consent decision is quashed.
>2026 August, Epower reappears with a 30 page document, riddled with qualifications on a proposal impossible to judge.
Background info
Scotland is already saturated with windfarms and can only use a fraction of their output when the wind is blowing. LPG is of the view that any further generation should be located much closer to the large load centres in England. In 2025, one third of wind energy generated in Scotland was discarded, costing consumers £1.5 billion. In 2026 that figure will be closer to £2 billion.
For foreign speculators like Epower, a windfarm with insufficient grid connection to sell their product is no problem. Thanks to the Constraints Payment clause in Contracts for Difference subsidies, they get paid even if their product (electricity) cannot reach the market.


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