Douglas v Perth & Kinross Council

Town and country planning – Planning permission – Wind farm – Conservation of wild fauna and birds. Court of Session: Refusing a reclaiming motion in judicial review proceedings in which the petitioner sought reduction of decisions to grant planning permission for modification of an approved wind farm so as to permit a change to the size of the turbines and the laying of an underground cable, the court concluded that the Lord Ordinary's decision to refuse the petition was correct, holding, inter alia, that he was correct to proceed on the basis that in applying legislation implementing European directives governing highly protected species the standard of review was the ordinary Wednesbury standard, and that the use of conditions that required assessment of the treatment of highly protected species at a stage after the granting of planning consent was competent.

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