Articles filed under Legal from UK
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.
An application for an offshore wind farm within view of Donald Trump’s Aberdeenshire golf resort was mishandled by government officials, his legal team has claimed.
SNP ministers have decided to ignore a ruling by one of Scotland’s most senior judges that threatens the spread of wind farms because they consider turbines to be in the “national interest”, the Daily Telegraph can disclose.
A Campaign group is calling on Highland Council to halt a Public Local Inquiry into a controversial wind farm in Easter Ross because it says it is "unlawful". The dramatic move comes just four days before a local inquiry is due to sit in Ardross to consider proposals for the 34-turbine development at Glenmorie by Wind Energy.
Scottish ministers gave Viking planning permission in April last year but judge, Lady Clark of Calton, said the Electricity Act required a developer to hold a generation licence before it could gain approval. Also, she said the minsters had failed to comply with the European Wild Birds Directive.
The Scottish government has failed to take proper account of its obligations under a key piece of European nature legislation when it gave the go-ahead for the 103 turbine Viking Energy wind farm. In her judgement Lady Clark of Calton said the government had not "meaningfully engaged" with the Wild Birds Directive 2009.
Trump filed suit in Scottish courts in an attempt to block the construction of the 651-foot turbine array that he argues will mar the view from his planned golf establishment, which is expected to be a lavish enclave of houses, hotels, ...and leisure activity facilities. ...Trump describer [Scottish First Minister Alex Salmond] as "a man whose obsession with obsolete wind technology will destroy the magnificence and beauty of Scotland."
Legal experts confirm the UNECE decision is a "game-changer" for future wind-turbine developments in the UK. David Hart, QC, an environmental lawyer, said: "This ruling means that consents and permissions for further wind-farm developments in Scotland and the UK are liable to challenge on the grounds that the necessary policy preliminaries have not been complied with, and that, in effect, the public has been denied the chance to consider and contribute to the NREAP."
The plans were granted permission by the Planning Inspectorate but a legal challenge was launched by South Northamptonshire Council when a resident claimed the inspector’s decision was unlawful on five separate grounds.
Britain's biggest onshore wind farm, in North Devon, could be operating well above permitted noise levels in every location where readings were taken, a new report claims.
A husband and wife seeking up to £2.5m ($4m) damages over turbine noise from a UK wind farm have ended their legal action after reaching a confidential settlement. Jane and Julian Davis had claimed an “unbearable hum” from the eight-turbine facility drove them out of their farmhouse in Lincolnshire, England, after turning their lives into a “nightmare”.
The Appeal Court threw out a legal challenge mounted by Rebecca and Brian Barnes against the six-turbine Armistead farm at Old Hutton. The pair claimed it would blight the landscape, cause a noise nuisance and put their three children at risk.
Opponents of a controversial Devon wind farm are devastated after the Government ruled that it should go ahead. The Fullabrook Wind Farm will see 22 110-metre high turbines built on a hillside close to an area of outstanding natural beauty.