The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to modify the way in which the windfarm is constructed and operated does not enable them to alter the nature of the approved development.’
‘I see dangers in an approach which may lead to the impression that there is a special set of rules applying to planning conditions, as compared to other legal documents, or that the process is one of great complexity.’
and ‘Any such document of course must be interpreted in its particular legal and factual context. One aspect of that context is that a planning permission is a public document which may be relied on by parties unrelated to those originally involved . . It must also be borne in mind that planning conditions may be used to support criminal proceedings. Those are good reasons for a relatively cautious approach, for example in the well established rules limiting the categories of documents which may be used in interpreting a planning permission . . But such considerations arise from the legal framework within which planning permissions are granted. They do not require the adoption of a completely different approach to their interpretation.’
Judges:
Lord Neuberger, President, Lord Mance, Lord Reed, Lord Carnwath, Lord Hodge
Citations:
[2015] UKSC 74, [2015] WLR(D) 524, 2016 SLT 9, [2016] 1 WLR 85, 2016 SC (UKSC) 25, 2016 GWD 1-26, 2016 SCLR 67, UKSC 2015/0160
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary
Statutes:
Jurisdiction:
Scotland
Citing:
At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 17-Oct-2013
Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and . .
At Outer House (2) – Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 11-Feb-2014
Outer House . .
At Inner House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers SCS 5-Jun-2015
The petitioner golf course objected to the consent to an offshore windfarm. . .
Cited – Fawcett Properties Ltd v Buckingham County Council HL 1960
A grant of planning permission was subject to an agricultural occupancy condition: ‘The occupation of the houses shall be limited to persons whose employment or latest employment is or was employment in agriculture as defined by section 119(1) of . .
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Regina v Ashford Borough Council ex parte Shepway District Council Admn 7-May-1998
The court set out the general rule in construing an outline planning permission which was clear, unambiguous and valid on its face. Regard could be had only to the planning permission itself and any conditions and the express reasons for them. . .
Cited – Carter Commercial Developments Ltd (In Administration) v Secretary of State For Transport, Local Government And The Regions, Mendip District Council CA 4-Dec-2002
Appeal from a decision that effectively was a decision on the proper construction of a condition in a planning permission. . .
Cited – Sevenoaks District Council, Regina (on the Application of) v First Secretary of State and Another Admn 22-Mar-2004
There is no room for implying into condition 14 a further obligation that the developer must construct the development in accordance with the design statement. . .
Cited – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
Cited – Marley v Rawlings and Another (2) SC 18-Sep-2014
The parties had disputed the validity of a will, and the successful wife of the deceased argued that her costs should be paid by those challenging the will rather than from the estate.
Held: The solicitors (or their insurers) who had made the . .
Too Absolute – Trustees of the Walton-on-Thames Charities v Walton and Weybridge Urban District Council CA 1970
There is no room for an implied condition in a planning permission. Widgery LJ said: ‘I have never heard of an implied condition in a planning permission and I believe no such creature exists. Planning permission enures for the benefit of the land. . .
Cited – The Midcounties Co-Operative Ltd, Regina (on the Application of) v The Forest of Dean District Council, Santon Group Developments Ltd Admn 20-Jul-2007
. .
Cited – Attorney General of Belize and others v Belize Telecom Ltd and Another PC 18-Mar-2009
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was . .
Cited – Attorney General of Belize and others v Belize Telecom Ltd and Another PC 18-Mar-2009
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was . .
Cited – Hubert v Carmarthenshire County Council Admn 5-Aug-2015
Applications for judicial review which challenge the decisions of Carmarthenshire County Council to grant planning permission to the interested party for a single wind turbine. . .
Cited – Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Cited – Hulme v Secretary of State for Communities and Local Government and Another CA 26-May-2011
Permission had been granted for a windfarm, subject to a complex group of conditions, designed to mitigate noise, including (as it was described) ‘blade swish’. Condition 20 required the operator, in the event of a complaint from a local resident, . .
Cited – Telford and Wrekin Council v Secretary of State for Communities and Local Government Admn 29-Jan-2013
Permission had been granted for use of a building as a garden centre subject to a condition in these terms: ‘prior to the garden centre hereby approved opening, details of the proposed types of products to be sold should be submitted to and agreed . .
Cited – Crisp from the Fens Ltd v Rutland County Council CA 1950
A permission was granted for the change of use of a building to use for making potato crisps subject to a condition confining its use to that of ‘the manufacture of potato crisps or any use within class III of [the Use Classes Order]’, in order ‘to . .
Cited – Carter Commercial Developments Ltd v Secretary of State for The Environment Admn 27-May-2002
Planning conditions should be interpreted benevolently and not narrowly or strictly. . .
Cited by:
Cited – London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others SC 3-Jul-2019
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a . .
Lists of cited by and citing cases may be incomplete.
Planning, Utilities
Leading Case
Updated: 12 April 2022; Ref: scu.556980
