Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session) [2026] CSOH 17 (03 March 2026)

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session) [2026] CSOH 17 (03 March 2026)

The screening decision was unlawful because the respondent relied on a flawed Landscape Evaluation that failed to properly apply statutory criteria, particularly by focusing unduly on the percentage of the Landscape Character Type affected and not adequately considering impacts on the project site itself. This error undermined the legality and adequacy of reasons for the decision, warranting reduction and declarator.

Citation
[2026] CSOH 17
Parties
Petitioner: Restore Nature Limited; Respondent: Scottish Forestry
Jurisdiction
Scotland
Judgment Date
03 March 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition granted
Legal Topics
Environmental Impact Assessment, Forestry Regulation, Judicial Review, Landscape Evaluation, Biodiversity Protection
Environmental Law Administrative Law Planning Law Environmental Impact Assessment Forestry Regulation Judicial Review Landscape Evaluation Biodiversity Protection

Case Brief

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Parties

Restore Nature Limited

Petitioner

Scottish Forestry

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the screening decision under the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 was irrational and inadequately reasoned
  2. 2 Whether the respondent failed to properly assess landscape impacts, biodiversity, and effects on sensitive areas
  3. 3 Whether the respondent applied the correct legal principles and statutory criteria in determining EIA necessity

Ratio Decidendi

The screening decision was unlawful because the respondent relied on a flawed Landscape Evaluation that failed to properly apply statutory criteria, particularly by focusing unduly on the percentage of the Landscape Character Type affected and not adequately considering impacts on the project site itself. This error undermined the legality and adequacy of reasons for the decision, warranting reduction and declarator.

Court Disposition

petition granted

Orders

  • Declarator that the screening decision was unlawful
  • Reduction of the screening decision