The Royal Society for the Protection of Birds v Scottish Ministers

Environment – Protection – Conservation of wild birds – Wind farm. Court of Session: Allowing reclaiming motions in judicial review petitions by a wildlife conservation charity, challenging decisions of the Scottish Ministers giving authorisation for four offshore wind farms because of concerns about the impact on wild bird species, the court concluded that the Lord Ordinary had erred in granting the petitions and in holding that three of the petitioner's grounds of challenge had been made out, ie that the ministers had failed to comply with obligations to consult on environmental information and had acted unlawfully by taking into account information that had not been consulted on; that the 'appropriate assessment', a prerequisite of the construction consent decision, was flawed; and that the ministers should have, but failed to, take into account the Forth & Tay draft marine special protection area in making their decisions.

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