Introduction

The case of Wildland Ltd v The Highland Council ([2021] ScotCS CSOH_87) centers on Wildland Ltd's petition for judicial review against a decision by The Highland Council. The council had granted planning permission on August 5, 2020, for the construction of a vertical launch spaceport, known as Space Hub Sutherland (SHS), near Dunbuie, Talmine, Tongue in Scotland. Wildland Ltd contended that the council failed to adequately assess environmental impacts and manage visitor facilities, thereby violating various statutory provisions.

Summary of the Judgment

The Scottish Court of Session, presided over by Lord Doherty, reviewed Wildland Ltd's seven grounds of challenge against The Highland Council's planning permission decision. After thorough examination, the court sustained the council's decision, dismissing all petitions. The court found no legal errors in the council's consideration of environmental impacts, visitor management plans, and adherence to relevant regulations.

Analysis

Precedents Cited

The judgment referenced several key cases to determine the legality of the council's decision:

• Pearce v Secretary of State for the Environment [2021] EWHC 326 (Admin)
• Brown v Carlisle City Council [2010] EWCA Civ 523
• R (Khan) v London Borough of Sutton & Others [2014] EWHC 3663 (Admin)
• Preston New Road Action Group v Secretary of State for Communities and Local Government [2018] EWCA Civ 9
• Grampian Regional Council v Secretary of State for Scotland and City of Aberdeen District Council 1984 SC (HL) 58

These cases provided the framework for evaluating whether the council had engaged in "salami slicing" of development applications and whether adequate environmental assessments were conducted.

Legal Reasoning

The court meticulously examined whether The Highland Council:

• Properly integrated the SHS and its visitor facilities as a single development.
• Conducted appropriate environmental impact assessments as mandated by the 2017 Regulations and the Habitats Directive.
• Addressed all petitioner's concerns regarding visitor management and ornithological impacts.

The council's defense was that the development's visitor facilities were sufficiently uncertain at the application stage, and separate applications would be lodged subsequently. The court agreed, noting that the council did not act perversely and followed a rational, justified process.

Impact

This judgment reinforces the autonomy of Scottish planning authorities in making discretionary decisions regarding complex, integrated developments. It underscores the importance of comprehensive environmental assessments and the conditional approval system, ensuring that major projects like Space Hub Sutherland adhere to stringent environmental and planning standards. Future cases involving large-scale developments can look to this judgment as a precedent for the balance between development ambitions and environmental stewardship.

Complex Concepts Simplified

Salami Slicing

Salami slicing refers to the practice of dividing a large project into smaller, more manageable applications to circumvent comprehensive scrutiny or regulations. In this case, Wildland Ltd argued that The Highland Council was attempting to fragment the spaceport development to avoid a full environmental impact assessment. The court found no evidence of such manipulation.

Appropriate Assessment

An appropriate assessment is a detailed evaluation required under the Habitats Directive to assess the potential impacts of a project on protected European sites. The court verified that The Highland Council adhered to this requirement, ensuring that the proposed spaceport would not adversely affect the integrity of designated conservation areas.

Visitor Management Plan (VMP)

A Visitor Management Plan (VMP) outlines strategies to manage and mitigate the impact of visitors on a development site. Condition 11 mandated the submission and approval of a VMP to ensure that visitor activities would not harm the surrounding environment or infrastructure. The court upheld the validity of this condition, affirming the council's approach to managing visitor-related environmental impacts.

Conclusion

The judgment in Wildland Ltd v The Highland Council reaffirms the authority of Scottish planning bodies to grant major development permissions, provided they adhere to rigorous environmental and planning protocols. By dismissing the petition, the court underscored the necessity of flexible, case-by-case assessments in planning law, especially for innovative and large-scale projects like the Space Hub Sutherland. This decision sets a significant legal precedent, balancing developmental progress with environmental conservation, and provides clarity on the application of environmental impact assessments within Scottish planning law.