OPINION OF LORD TYRE in the petition of ENERGIEKONTOR UK LIMITED Petitioner for Judicial Review of (i) the policy of the Ministry of Defence in connection with safeguarding the Eskdalemuir Seismic Array, and (ii) the noise budget allocation table prepared and applied by the Ministry of Defence in that regard
The Petitioner has applied for planning permission for a wind farm development within the consultation zone surrounding the Eskdalemuir Seismic Array (“the Array”). That application has been objected to by the MOD in accordance with a policy which finds its practical expression in a table referred to as the noise budget allocation table. In this petition for judicial review, the petitioner seeks (i) declarator that the policy of the MOD in relation to the allocation of noise budget to wind farm developments within the consultation zone is unreasonable, ultra vires, and unlawful; and (ii)reduction of the noise budget allocation table.
The petitioner’s argument is that larger (capacity >50MW) proposed developments, will be allocated noise budget at an earlier stage of the planning process than smaller proposed developments. The petitioner submits that the MOD’s policy is thereby rendered unreasonable, ultra vires and unlawful.
It was accepted that the application was prima facie time–barred in terms of section 27A(1)(a) of the 1988 Act and a decision was required on whether it was equitable to extend the three-month time limit.
Lord Tyre granted permission for the Petition to proceed.
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