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Turbine denied (Joicey V Northumberland County Council)

In this case, the claimant, Andrew Joicey, argued six grounds for overturning the planning approval of a 100kilowatt wind turbine. Primary among the complaints was that the planning council did not provide public access to the turbine noise assessment report until a day before the hearing where approval was granted. Complaints were also issued over whether the council properly considered the cumulative impact of noise from a neighboring wind project. The count agreed with Mr. Joicey and overturned the approval. This is the third time the court overturned a planning decision approving this turbine. The decision can be accessed by clicking the links on this page. The introduction of the decision is provided below. 

I INTRODUCTION

1.    This judicial review raises an issue about the consequences when information which by law is to be accessible to members of the public is not available in a timely fashion to enable them to participate effectively in democratic decision-making. I decide that a claimant in this position is entitled to have the decision quashed unless the decision-maker can demonstrate that it would inevitably have come to the same conclusion even if the information had been available. The issue arises in the context of an application to quash the grant of planning permission for the erection of a wind turbine at Brackenside Farm, Berwick-upon-Tweed, Northumberland. Another issue which arises in the course of the case is the interpretation of the concept of financial involvement, where in planning guidance financial involvement in a wind turbine can lead to a greater exposure to the noise it will generate if permission is granted to erect it.

 

Joiceyr_v_northumberland_county_council_2014_ewhc_3657_thumb
Joicey R V Northumberland County Council 2014 Ewhc 3657

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Source: http://www.bailii.org/ew/ca...

NOV 11 2014
http://www.windaction.org/posts/44051-turbine-denied-joicey-v-northumberland-county-council
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