Table of contents
- Original news
- What is the factual background to this case?
- What were the central issues before the court?
- How did the court approach the appellants’ arguments?
- The section 36 challenge
- The condition 14 challenge
- What are the practical implications of this decision? How might it affect future energy projects or developments?
- What action should lawyers be taking in light of this decision?
Article summary
Planning analysis: How restrictive is a section 36 consent? Peter Ferguson, partner and planning and environmental law at Harper Macleod, comments on the Supreme Court’s decision in Trump International Golf Club v Scottish Ministers (Scotland) that clarifies that section 36 consent is not restricted to parties holding a licence or a licence exemption.
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