Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

Wildland Ltd. and the Welbeck Estates v. Scottish Ministers

País/Territorio
Reino Unido
Fecha
Ago 1, 2017
Fuente
UNEP, InforMEA
Nombre del tribunal
Outer House, Court of Session
Sede de la corte
Scotland
Número de referencia
[2017] CSOH 113
Resumen
Petitioners asked the court to overturn the approval of a 22-turbine, 50 megawatt on-shore wind farm on the grounds that the Scottish Ministers who issued the decision failed to offer “clear and cogent” reasons for doing so in light of adverse impacts to the region’s distinctive character and wilderness areas. The petitioners emphasized that Scottish National Heritage (SNH) had recommended against approval of the wind farm because of its adverse impacts, and that the Town & Country Planning (Scotland) Act 1997 requires the Ministers to consult with SNH and others. However, the Highland Council, the local planning authority, had concluded that the wind farm would have minimal impacts on view sheds. The court rejected the petitioners’ arguments. It explained that the Ministers were not required to agree with the recommendations they received from consulting bodies, but only to explain their decision in full and to respond to points raised by consulting bodies if necessary. Because the Ministers’ explanation reflected a balancing of the relevant factors and met the “clear and cogent” standard in the court’s view, it would stand.

Key environmental legal questions:

Adequacy of justification for approval of wind farm
Texto completo
Scottish-Ministers-2017-csoh-113.pdf
Página web
climatecasechart.com