Does Wednesbury protect the environment? The need for an Environmental Court

At a glance

• This article examines, from a Scottish perspective, whether the Court’s insistence that it will only review planning type decisions on Wednesbury
grounds, and holding that the planning authority has the expertise to assess scientific evidence, in fact protects the environment.

• The author concludes that generally it is not safe to hold that the decision maker has this expertise, and recommends that a Scottish Land and Environmental Court should be established based on the Scottish Land Court.