Judicial Review is upheld in relation to a decision of the Scottish Ministers dated 4 April 2012 to grant consent for the construction and operation of a 103 turbine Viking Wind Farm in Central Mainland, Shetland.
This lengthy Opinion is the first time a petition for Judicial Review of a decision to grant planning permission for a wind farm development has been successful.
The Opinion (ruling) identifies that the decision by the Scottish Government Ministers to grant planning permission was unlawful:
(a) the Scottish Ministers had failed to follow the EU Wild Birds Directive (as respects a rare bird, the whimbrel),
(b) the applicant (for planning permission) did not have a licence to generate electricity.
Here is a short guide to Judicial Review in Scotland.
Here is the Shetland Times news article on the ruling.