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Trump facing outcome of Supreme Court wind farm battle

Photo: Greg E Mathieson Sr/REX Shutterstock
Photo: Greg E Mathieson Sr/Rex Shutterstock

Controversial US presidential hopeful Donald Trump will learn next week if his company has been successful in a Supreme Court bid to block a major offshore windfarm close to its Aberdeenshire golf resort.

In March 2013, the Scottish Ministers granted Aberdeen Offshore Wind Farm Ltd consent under section 36 of the Electricity Act 1989 for the construction and operation of an electricity generating station, wind turbine/tower and turbine testing project called the European Offshore Wind Deployment Centre, to be located in Aberdeen Bay, 1-2 km off the coast of Blackdog, Aberdeenshire.

But Trump International Golf Club Scotland Ltd, whose Menie Golf Course is situated within 3.5 km of the nearest proposed wind turbine, is seeking a ruling from the Supreme Court that this decision was unlawful, following earlier defeat in the Scottish courts.

Lords Neuberger, Mance, Reed, Carnwath and Hodge will give their decision on Wednesday 16 December.

At the appeal hearing in October, John Campbell QC said that condition 14 of the consent – which he said is “vital to the final appearance and layout of the wind farm and therefore to its visual impact” – is, under its terms, “so imprecise and uncertain as to be unenforceable”.

This, he argued, vitiates the section 36 consent.

In addition, the Supreme Court is expected to rule on the correct construction of section 36 of the Electricity Act 1989, and other provisions of that Act.

Trump International Golf Club Scotland Limited and another v The Scottish Ministers Supreme Court (Lords Neuberger, Mance, Reed, Carnwath and Hodge)

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