Wildcat Haven Community Interest Company (Appellant) v The Scottish Ministers and another (Respondents)

Permission to Appeal application lodged

Case summary
Appeal
Previous proceedings

Case summary

Case ID

UKSC/2025/0074

Parties

Appellant(s)

Wildcat Haven Community Interest Company

Respondent(s)

The Scottish Ministers

Vattenfall Wind Power Ltd

Issue

Did the first respondents correctly construe and apply the order in which the impacts of a development should be considered and addressed within policy 3(b)(iii) of National Planning Framework 4 (“NPF4”) when they granted consent for the construction of a wind farm?

Facts

The appellant is a community interest company, the object of which is to protect and conserve the wildcat population of Scotland. On 26 June 2023 the first respondents, the Scottish Ministers, granted consent upon an application made by the second respondent, Vattenfall Wind Power Ltd (“Vattenfall”), for the construction of a wind farm at Clashindarroch Forest, Aberdeenshire. The forest is home to a population of wildcats of an uncertain number. The application was opposed by the local planning authority, Aberdeenshire Council. An inquiry was held and a Reporter was appointed by the Scottish Ministers. The appellant attended the inquiry and made submissions as to the effect of the proposed development on the wildcat population. On 17 October 2022, the Reporter recommended to the Scottish Ministers that the application be refused. The Scottish Ministers remitted the application back to the Reporter for further consideration following changes to national planning policy upon the adoption of NPF4 in February 2023. On 3 March 2023, following a further hearing and submissions on the effect of policy 3(b)(iii) of NPF4, the Reporter issued a further report recommending that the application be approved. The Scottish Ministers accepted the further report and granted the application. The appellant petitioned for judicial review of that decision to the Court of Session. The Lord Ordinary dismissed the petition. The appellant reclaimed (appealed) to the Inner House of the Court of Session. Its appeal was dismissed. The appellant now appeals to the Supreme Court.