Windfarms (UK)

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.

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