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The Supreme Court dismissed the appeal by the appellant association, which was concerned with the protection of the environment of the Shetland Islands, against the decision by the Inner House of the Court of Session to uphold the decision by the respondent Scottish Ministers to grant consent to developers for the construction and operation of a wind farm. The Court held, amongst other things, that, contrary to the decision of the Lord Ordinary, the duty of the respondents in considering such development proposals was not to conduct a full review of their functions under Directive (EC) 2009/147 (on the conservation of wild birds), but to take that directive into account as one of a number of material considerations in reaching a lawful decision whether to grant consent under the Electricity Act 1989.
The Supreme Court dismissed the appeal by the appellant association, which was concerned with the protection of the environment of the Shetland Islands, against the decision by the Inner House of the Court of Session to uphold the decision by the respondent Scottish Ministers to grant consent to developers for the construction and operation of a wind farm. The Court held, amongst other things, that, contrary to the decision of the Lord Ordinary, the duty of the respondents in considering such development proposals was not to conduct a full review of their functions under Directive (EC) 2009/147 (on the conservation of wild birds), but to take that directive into account as one of a number of material considerations in reaching a lawful decision whether to grant consent under the Electricity Act 1989.
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