Walton (Appellant) v The Scottish Ministers (Respondent) (Scotland), 17 October 2012

Supreme Court decision considering an appeal from the Inner House in respect of a challenge to the schemes and orders made by the Scottish Ministers to allow construction of an Aberdeen bypass.

Mr Walton is the Chaiman of Roadsense (which campaigns against the Aberdeen bypass). His primary argument was that part of the scheme linking the bypass with Stonehaven (known as the Fastlink) was adopted without the public consultation required under the Strategic Environmental Assessment Directive. The Supreme Court rejected this argument noting that Strategic Environmental Assessments are required for “plans and programmes”. Although the regional transport strategy which gave rise to the Aberdeen bypass was a “plan or a programme”, the Fastlink (which had been a adopted following a campaign against an alternative route) was a modification to a “project” and, as such, was subject to the Environmental Assessment Directive rather than the SEA Directive.

The press summary is available from the Supreme Court here.

The decision is available here.