Library filed under Legal from UK
Navitus Bay project director Stuart Grant said today: "After careful consideration, Navitus Bay has chosen not to challenge the decision by the Secretary of State to refuse consent for the proposed wind park.
The Court rejected a judicial review of the planning consent granted for a 67 metre wind turbine to be built in Carmarthenshire, south west Wales, brought by local residents. However, it was concerned that one of the planning conditions attached to the planning permission "would permit variations in height so that the scale and impact of the turbine would be different from that for which permission was granted".
Broadview Energy had asked the High Court to overturn the refusal of consent for the proposed wind farm between the villages of Helmdon and Greatworth and order a reconsideration of its application. But today Mr Justice Cranston rejected the company’s claim that the minister who turned down the plan was guilty of bias.
A court ruled in the couples’ favor, confirming the proposed wind farm clearly had the possibility of impacting on both the future value and the buyers’ enjoyment of their new home. The solicitors were found to be negligent in failing to inform their clients about these plans and as a result the buyers received a substantial compensation settlement.
An energy company denied planning permission for two wind turbines at a Norfolk farm because of danger to low flying aircraft has failed in a High Court challenge against the decision.
Laugharne community council’s clerk, Chris Delaney, said the town was “absolutely elated”. He said: “It was an appalling decision which would have impacted on probably one of the most iconic views in west Wales. It is a place of international renown. Hundreds of thousands of people come here because of Dylan Thomas and right in the middle of it they were going to put a huge turbine.”
The case relates to the Viking Energy wind farm which was approved by ministers in April 2012. ...In October 2013, judge Lady Clark of Calton ruled that the granting of permission was "incompetent", since the plant did not yet have a distribution license from Ofgem.
RWE decided to challenge the decision in the courts, arguing that the ruling was not properly and lawfully reached. But last Friday, the judge ruled against RWE, agreeing with the Department for Communities and Local Government (DCLG) that the decision was fair.
“I personally will not see the turbine, nor be affected by its noise from where I live, 4km away. However, lots of people will see it, and no doubt be annoyed by it, and will probably see the value of their hard earned homes fall as a result, with no chance of compensation."
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.
Councillor Sir William Lawrence, Environmental Services Portfolio says: “It is good to see that the Inspector’s decision supports that it has to be in the right place or not have a negative impact on the community. Naturally, wind energy is important and should not be overlooked in the right locations.”
The Crown Prosecution Service (CPS) has today [Monday 15 September] announced that Baldwins Crane Hire Limited has been charged with corporate manslaughter following the death of Lindsay Easton.
The master of a vessel has been ordered to pay £3,000 after smashing into an off-shore wind turbine in the dark off Sheringham, injuring his passengers and badly damaging the boat.
Highland Council's south planning applications committee unanimously rejected RWE Innogy UK's proposals today.
Campaign group Sustainable Shetland – which has fought a lengthy battle against the wind farm – said it will lodge an appeal at the Supreme Court in London.
Pickles said that the scheme’s landscape and visual impact "would be significantly adverse from viewpoints within about 2km of the appeal site" and he refused the appeal.
Communities minister Kris Hopkins said: "Inappropriately sited wind turbines can be a blot on the landscape, harming the local environment and damaging heritage for miles around.
Three judges supported a High Court decision to block the 400ft-high turbines. The site is just a mile from Lyveden New Bield, a Grade I listed unfinished Elizabethan lodge with a moated garden. The initial case against the development was brought - and won - by the National Trust, English Heritage and East Northamptonshire Council last year. English Heritage had warned that the effect of the turbines on the landscape would be "appalling".
Deputy high court judge Robin Purchas QC, sitting in London, ruled that an inquiry inspector who gave the go-ahead had failed to comply with planning law relating to landscape and heritage sites. The turbine was to be sited near Cromer Ridge, one of the highest points in north Norfolk, which has a number of listed buildings in the area.
American tycoon Donald Trump’s plans to fight the Scottish Government over a major wind farm project on Shetland has been rejected by judges. Mr Trump wanted to challenge ministers in their appeal against a landmark decision to block the a 103 turbine Viking wind farm on central Shetland.