Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers [2015] ScotCS CSIH_46 (05 June 2015)

Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers [2015] ScotCS CSIH_46 (05 June 2015)

The Court held that the Electricity Act 1989 does not require an applicant for section 36 consent to be a licence holder or exempt person; the licensing and consent regimes are distinct. There was no evidence of bias or pre-determination by the Scottish Ministers. Condition 14 was not void for uncertainty or...

Source-derived case information.

Citation
[2015] ScotCS CSIH_46
Parties
Petitioners and Reclaimers: Trump International Golf Club Scotland Limited and The Trump Organization LLC; Respondents: The Scottish Ministers; Interested Party: Aberdeen Offshore Wind Farm Limited
Jurisdiction
Scotland
Judgment Date
05 June 2015
Procedural Posture
Reclaiming Motion in Judicial Review / Appeal (inner House, Court of Session)
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary affirmed.
Legal Topics
Judicial Review of Planning Consent, Electricity Act 1989 Interpretation, Bias and Pre Determination in Administrative Decision Making, Validity and Enforceability of Planning Conditions
Administrative Law Planning Law Environmental Law Energy Law Judicial Review of Planning Consent Electricity Act 1989 Interpretation Bias and Pre Determination in Administrative Decision Making Validity and Enforceability of Planning Conditions

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Summary, issues, holding and outcome

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Parties

Trump International Golf Club Scotland Limited and The Trump Organization LLC

Petitioners and Reclaimers

The Scottish Ministers

Respondents

Aberdeen Offshore Wind Farm Limited

Interested Party

Procedural Posture

Reclaiming Motion in Judicial Review / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 Whether only licence holders or exempt persons can apply for consent under section 36 of the Electricity Act 1989
  2. 2 Whether the Scottish Ministers acted with bias or pre-determination in granting consent
  3. 3 Whether condition 14 attached to the consent is void for uncertainty or unenforceable

Ratio Decidendi

The Court held that the Electricity Act 1989 does not require an applicant for section 36 consent to be a licence holder or exempt person; the licensing and consent regimes are distinct. There was no evidence of bias or pre-determination by the Scottish Ministers. Condition 14 was not void for uncertainty or unenforceable when read with condition 13.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary affirmed.

Orders

  • Petitioners' reclaiming motion refused
  • Interlocutor of Lord Ordinary dated 11 February 2014 affirmed