Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

The reporter materially erred by failing to conduct a fact-specific evaluation of whether the wind farm and grid connection constituted a single project for EIA purposes, misdirected himself on the law regarding project splitting, and provided inadequate reasons for his decision. The decision must be quashed and...

Source-derived case information.

Citation
[2026] CSIH 10
Parties
Appellant: Appellant; Respondent: Scottish Ministers; Interested Party: Interested Party (Wull Muir Wind Farm developer)
Jurisdiction
Scotland
Judgment Date
17 February 2026
Procedural Posture
Appeal / Judgment on Appeal Against Planning Decision
Outcome
decision quashed and remitted
Legal Topics
Environmental Impact Assessment, Project Splitting, Wind Farm Development, Planning Permission, Grid Connection, Salami Slicing, Adequacy of Reasons, Irrationality Challenge
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Project Splitting Wind Farm Development Planning Permission Grid Connection +3 more

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Parties

Appellant

Appellant

Scottish Ministers

Respondent

Interested Party (Wull Muir Wind Farm developer)

Interested Party

Procedural Posture

Appeal / Judgment on Appeal Against Planning Decision

Legal Issues

  1. 1 Whether the wind farm and grid connection constitute a single project for EIA purposes
  2. 2 Whether the reporter erred in project splitting and failed to conduct a fact-specific evaluation
  3. 3 Whether the reasons given for the decision were adequate

Ratio Decidendi

The reporter materially erred by failing to conduct a fact-specific evaluation of whether the wind farm and grid connection constituted a single project for EIA purposes, misdirected himself on the law regarding project splitting, and provided inadequate reasons for his decision. The decision must be quashed and remitted for proper consideration.

Court Disposition

decision quashed and remitted

Orders

  • The decision of 14 January 2025 is quashed.
  • The interested party's appeal is remitted to a different reporter for a fresh decision.