{"title":"唐纳德·特朗普在苏格兰阿伯丁郡的高尔夫度假村:世界上“最大”的不完整规划灾难?","authors":"W. Walton","doi":"10.18261/ISSN.2387-3299-2018-03-03","DOIUrl":null,"url":null,"abstract":"In 2006 Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it examines the scope for applying damages, restitution and specific performance as alternative remedies.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Donald Trump’s Golf Resort in Aberdeenshire, Scotland: The ‘Greatest’ Incomplete Planning Disaster in the World?\",\"authors\":\"W. Walton\",\"doi\":\"10.18261/ISSN.2387-3299-2018-03-03\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In 2006 Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it examines the scope for applying damages, restitution and specific performance as alternative remedies.\",\"PeriodicalId\":36793,\"journal\":{\"name\":\"Oslo Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-01-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oslo Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18261/ISSN.2387-3299-2018-03-03\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oslo Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18261/ISSN.2387-3299-2018-03-03","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Donald Trump’s Golf Resort in Aberdeenshire, Scotland: The ‘Greatest’ Incomplete Planning Disaster in the World?
In 2006 Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it examines the scope for applying damages, restitution and specific performance as alternative remedies.