This case raised arguments about whether Scottish ministers had proper regard to their legal obligations arising from Scottish Parliament climate change legislation and related Scottish Government policy commitments in their refusal to grant consent for a Dumfries and Galloway wind farm development. The court concluded that while such legislation and policy are important considerations in the consenting process, the weight each factor should be given was for the decision maker’s judgment.
In this case, more weight was given towards visual impact than climate implications but if the new National Planning Framework 4 is approved by the Scottish Parliament later this year, it may change that approach. We could then see increasing opportunities for activists, NGOs and other interested parties to press authorities in Scotland to “walk the walk” on all aspects of climate change policy.
London School of Economics picked up on this emerging trend in a report released last month which highlights how 80 framework litigation cases have been filed globally since the end of July. https://www.scotsman.com/news/opinion/columnists/growing-wave-of-legal-challenges-on-commitments-to-net-zero-policies-marc-armstrong-3870180
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