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Wind turbines to be built in area of natural beauty

Posted: 4th June 2014   In: Dispute Resolution

A pressure group has lost an appeal to prevent wind turbines being built next to an area of natural beauty.

A planning inspector had approved an application from a developer to build the turbines. He found that they would provide a useful contribution to the area which had a shortfall of renewable energy.

He was aware that the turbines would be visible from an area of natural beauty, but decided that the benefit would outweigh the harm.

A pressure group applied to overturn the decision. The protesters said that the inspector hadn’t placed enough weight on the value of conserving the landscape, as he was required to do under para.115 of the National Planning Policy Framework.

They also said that he had failed to consider an alternative site in the region that was more suitable.

The court ruled that the planning inspector had considered all the relevant policy framework and evidence before making his decision. While he hadn’t referred to para.115, he had considered it.

It also said that the planner had been deciding whether or not one site was suitable for construction rather than deciding between two competing sites. He hadn’t been required to consider alternative sites.

Please contact Neil O'Callaghan if you would like more information about the legal aspects of planning and development issues.

Posted by: Neil O'Callaghan
Commercial Litigation
Luton Office