Court hands down judgement on whether NPF4 in Scotland requires a different approach to be adopted in relation to the mitigation hierarchy

[2024] CSOH 10
13 Feb 2024

Public Law and Judicial Review

James Findlay KC and David Welsh, two of our talented public lawyers, were involved in an environmental judicial review in Scotland last week. The challenge concerned whether NPF4 in Scotland requires a different approach to be adopted in relation to the mitigation hierarchy than had previously been the case. It was presented in the context of permission having been granted for a wind farm on land near a known wildcat habitat. The petition was ultimately dismissed.

Read the judgment here.