Sustainable Shetland v Scottish Ministers

Town and country planning – Wind farm. Court of Session: Allowing a reclaiming motion and dismissing a judicial review petition in which the petitioners sought reduction of a decision by the Scottish Ministers to grant consent for the construction and operation of a wind farm, the court held that on a proper interpretation of the Electricity Act 1989 the holding of a licence to generate electricity under s 6 or an exemption under s 5 was not a condition precedent to the granting of consent for the construction a generating station under s 36, and that the Scottish Ministers' grant of consent had been a lawful decision once due account was taken of the Wild Birds Directive.

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