Petitioners asked the court to overturn the approval of a 22-turbine, 50 megawatt on-shore wind farm on the grounds that the Scottish Ministers who issued the decision failed to offer “clear and cogent” reasons for doing so in light of adverse impacts to the region’s distinctive character and wilderness areas. The petitioners emphasized that Scottish National Heritage (SNH) had recommended against approval of the wind farm because of its adverse impacts, and that the Town & Country Planning (Scotland) Act 1997 requires the Ministers to consult with SNH and others. However, the Highland Council, the local planning authority, had concluded that the wind farm would have minimal impacts on view sheds. The court rejected the petitioners’ arguments. It explained that the Ministers were not required to agree with the recommendations they received from consulting bodies, but only to explain their decision in full and to respond to points raised by consulting bodies if necessary. Because the Ministers’ explanation reflected a balancing of the relevant factors and met the “clear and cogent” standard in the court’s view, it would stand.

Wildland Ltd. and the Welbeck Estates v. Scottish Ministers

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Wildland Ltd. and the Welbeck Estates v. Scottish Ministers - decision

Filed

United Kingdom

Scotland

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Wildland Ltd. and the Welbeck Estates v. Scottish Ministers - decision

Target

Policy instrument

Renewable energy

Greenhouse gas

Economic sector

Finance