Douglas v Perth and Kinross Council

Town and country planning – Planning permission – Wind farm – Conservation of wild fauna and birds. Court of Session: Refusing a judicial review petition in which the petitioner sought reduction of a planning authority's decisions to grant planning permission for modification of an approved wind farm so as to permit a change to the dimensions of the turbines and the laying of an underground cable, the court held that it was lawful for the respondent to grant the permissions without first requiring additional information under reg 23(2)(b) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011, including proposed measures for the protection of osprey and wildcat, that by attaching conditions to the grant of the permissions, the respondent had not 'left over' the assessment of likely significant effects on protected species and thereby failed to comply with its obligations under the regulations, and it had given adequate reasons for the decisions.

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