Trump makes second application for judicial review of windfarm project
Donald Trump has renewed his legal challenge against an offshore windfarm he claims is destroying his attempts to build a golf resort in the north east.
The American has raised a court action in the Court of Session against Scottish ministers who are supporting the Aberdeen Bay scheme.
Mr Trump made an application for the judicial review of the decision which was made in March 2013 following the government’s decision to open a public inquiry into the proposal.
The tycoon argues that the European Offshore Wind Deployment Centre (EOWDC) may spoil the view of his golf course at Balmedie, Aberdeenshire and has threatened to withdraw his investment.
A previous application for judicial review failed when Lord Doherty ruled in 2014 that the government had not acted illegally.
Mr Trump said yesterday that his legal team has initiated further proceedings before the lord president Lord Gill, Lord Malcolm and Lord Menzies.
His previous argument was that there was the appearance of bias because the windfarm received public money via Aberdeen city council and the European Union.
In addition, his lawyers said remarks of Alex Salmond, the former first minister, about the Aberdeen Bay project being given the green light could be understood to betray that bias.
In this application, Mr Trump’s argument turns on the interpretation of the Electricity Act 1989.
His argument provides that Lord Doherty misinterpreted the act and therefore came to an incorrect decision in rejecting the application for judicial review.
Counsel for Mr Trump, John Campbell QC, said to appeal judges: “To adopt his approach you have two lots of rules for different people – those with a licence, those without a licence, those who are exempt and those who are not exempt.”
Whether or not the application is granted will be decided at a later date by judges.