Turbine Controversy Continues

The High Court has quashed Planning Permission for 34m wind turbine.

After action by Campaigners, the High Court has quashed the planning permission given by Powys County Council for a 34m high wind turbine.

According to Irwin Mitchell, the lawyers for the campaigners who brought the judicial review, the ruling came after the council admitted that there was no indication of whether environmental information relating to the development had been taken into account.  The applicant – a landowner in Glascwm – had reportedly already constructed the turbine or made a material start before the planning permission had even been granted in March 2014.

Campaigners objecting to the planning application had sought legal advice from environmental law specialists at Irwin Mitchell as they were concerned about the development in an unspoilt location. They argued that the development would be inappropriate because of:

• The impact on the landscape;
• The effect on the local economy including tourism;
• The precedent for further applications;
• Noise nuisance;
• Biodiversity, including the impacts on birds such as buzzards and kites; and
  • The overriding obligation for the council to protect the area for future generations.

The High Court has now quashed the decision following the council’s admission that there was no indication of whether environmental information relating to the development had been taken into account

Justin Neal, a specialist environmental lawyer at Irwin Mitchell representing the claimant, said: “Powys County Council had several chances to take into account the strong views of local residents and the statutory consultees such as Natural Resources Wales – but they still made serious mistakes in the process.

“It is unacceptable that the turbine was effectively up and running before permission was granted and there were obvious legal flaws in the planning process.”

Neal added: “We are pleased that the court has agreed to quash the planning permission but we will need to see whether the turbine owner applies for planning permission again or whether the council will be taking enforcement action to remove the turbine.”

LCB 09/09/14