Legal News

Are section 36 consents restricted to licence holders?

Published on: 20 January 2016
Published by a LexisNexis Energy expert

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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