New Judgment: Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers (Scotland)  UKSC 74
16 Wednesday Dec 2015
On appeal from:  CSIH 46
The Supreme Court unanimously dismissed the appeal regarding a planning dispute over a proposed offshore wind farm in Aberdeen Bay. The appellants believe the respondent’s decision to grant consent to the windfarm under the Electricity Act 1989, s 36, was unlawful.
In delivering the leading judgment Lord Mance stated that the appellant’s argument that the Scottish Ministers had no power under the 1989 Act to grant consent would be dismissed because it was not supported by the structure and language of the 1989 Act.
In regards to the appellant’s argument that condition 14 of the Consent order should be void for uncertainty, Lord Mance believed that Condition 14 was not a fundamental condition determining the scope and nature of the development which, if invalid, would invalidate the Consent order.
To watching the hearing please visit: Supreme Court website