Douglas v Perth and Kinross Council & Anor [2017] ScotCS CSIH_28 (04 May 2017)

Douglas v Perth and Kinross Council & Anor [2017] ScotCS CSIH_28 (04 May 2017)

The planning authority acted lawfully by imposing conditions requiring subsequent assessment and mitigation for protected species, complied with statutory and EU obligations, and public participation was adequate; the standard of review is Wednesbury and no material error or breach was established.

Citation
[2017] ScotCS CSIH_28
Parties
Petitioner and Reclaimer: Helen Douglas; Defenders and Respondents: Perth & Kinross Council; Interested Party: RDS Element Power Limited
Jurisdiction
Scotland
Judgment Date
04 May 2017
Procedural Posture
Judicial Review / Appeal From Lord Ordinary's Decision
Outcome
appeal dismissed
Legal Topics
Protection of Species, Planning Permission, Environmental Impact Assessment, Public Participation, Judicial Review Standards
Environmental Law Planning Law Administrative Law Protection of Species Planning Permission Environmental Impact Assessment Public Participation Judicial Review Standards

Case Brief

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Parties

Helen Douglas

Petitioner and Reclaimer

Perth & Kinross Council

Defenders and Respondents

RDS Element Power Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From Lord Ordinary's Decision

Legal Issues

  1. 1 Did the planning authority act unlawfully by failing to require further environmental information regarding protected species before granting planning permission?
  2. 2 Is it lawful to impose conditions requiring subsequent assessment and mitigation for highly protected species after granting planning permission?
  3. 3 Was the standard of judicial review correctly applied to decisions involving highly protected species under EU directives?

Ratio Decidendi

The planning authority acted lawfully by imposing conditions requiring subsequent assessment and mitigation for protected species, complied with statutory and EU obligations, and public participation was adequate; the standard of review is Wednesbury and no material error or breach was established.

Court Disposition

appeal dismissed

Orders

  • planning permissions for turbine modification and cable installation upheld
  • no reduction of planning permissions