“…ation of Buckinghamshire County Council) v Secretary of State for Transport [2014] UKSC 3; [2014] 1 W.L.R. 324, and Walton v Scottish Ministers [2012] UKSC 44; [2013] PTSR 51 – both decisions of the Supreme Court.…”
“…The starting point for any consideration of this issue is the judgment of Lord Carnwath in Walton v Scottish Ministers [2012] UKSC 44; [2013] PTSR 51 where he said:…”
“…In relation to the that test, he relied on two decisions of the Supreme Court. In Walton v Scottish Ministers [2012] UKSC 44, [2013] PTSR 51, Lord Carnwath was dealing with an appeal about a major road scheme in Scotland for which permission had been granted. He referred to similar applications to q…”
“…ssion, it is necessary to consider the consequences in terms of any remedy. Following the decision of this court in Walton v Scottish Ministers [2012] UKSC 44, [2013] PTSR 51, it is clear that, even where a breach of the EIA Regulations is established, the court retains a discretion to refuse relief if the applicant has been able in…”