Moray Council v. The Scottish Ministers & Anor [2006] ScotCS CSIH_41 (14 July 2006)

Moray Council v. The Scottish Ministers & Anor [2006] ScotCS CSIH_41 (14 July 2006)

The Reporter properly exercised planning judgment, considered all relevant evidence and material considerations, and provided adequate reasons for granting planning permission. The criticisms raised by the appellant were based on artificial distinctions and misconstructions of policy. There was no demonstrable...

Source-derived case information.

Citation
[2006] ScotCS CSIH_41
Parties
Appellant: The Moray Council; First Respondent: The Scottish Ministers; Second Respondent: Renewable Energy Systems Limited
Jurisdiction
Scotland
Judgment Date
14 July 2006
Procedural Posture
Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Final Judgment
Outcome
appeal refused
Legal Topics
Planning Permission, Renewable Energy, Development Plan, Material Considerations, Visual and Landscape Impact, Residential Amenity, Cumulative Impact
Administrative Law Planning Law Environmental Law Planning Permission Renewable Energy Development Plan Material Considerations Visual and Landscape Impact +2 more

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Parties

The Moray Council

Appellant

The Scottish Ministers

First Respondent

Renewable Energy Systems Limited

Second Respondent

Procedural Posture

Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Final Judgment

Legal Issues

  1. 1 Whether the Reporter failed to take into account material considerations in granting planning permission for a wind farm and borrow pits
  2. 2 Whether the decision was ultra vires, perverse, or unreasonable due to alleged misdirection on landscape, cumulative, and residential impacts

Ratio Decidendi

The Reporter properly exercised planning judgment, considered all relevant evidence and material considerations, and provided adequate reasons for granting planning permission. The criticisms raised by the appellant were based on artificial distinctions and misconstructions of policy. There was no demonstrable failure to consider material facts or irrationality. The appeal is refused.

Court Disposition

appeal refused

Orders

  • Appeal dismissed; planning permission for wind farm and borrow pits stands.