[2015] UKSC 74

UKSC 2015/0160
Trump International Golf Club Scotland Limited and another (Appellants) v The Scottish Ministers (Respondents)
On appeal from the Inner House of the Court of Session

On 1 August 2011 Aberdeen Offshore Wind Farm Limited applied for consent under s.36 of the Electricity Act 1989 for the construction and operation of an electricity generating station and wind turbine / tower and turbine testing project called the European Offshore Wind Deployment Centre, to be located off the coast of Blackdog, Aberdeenshire. On 26 March 2013 the respondents granted consent for the wind farm, subject to conditions. Condition 14 requires the submission of a detailed Design Statement to the respondents for approval prior to commencement of the development. The appellants, whose Menie Golf Course is situated within 3.5 km of the nearest proposed wind turbine, opposed the construction of the wind farm. The appellants brought proceedings seeking a declarator that the respondents’ decision was unlawful and they sought reduction. The appellants’ petition for judicial review was dismissed by the Outer House of the Court of Session. A Reclaiming Motion was refused by the Inner House of the Court of Session. The appellants appealed to the Supreme Court.
The Supreme Court unanimously dismisses the appeal by Trump International Golf Club.