On appeal from: [2015] 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.

For judgment, please download: [2015] UKSC 74
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watching the hearing please visit: Supreme Court website