Articles filed under Legal from UK
A group of Lewis crofters are calling for a change to a law it claims is crippling the potential of communities wishing to use land for development. It follows the group losing an appeal in a long-running battle to build community-owned wind turbines on common grazings.
But Pat Rafferty, Scottish secretary of the union Unite, said: ‘The fact that an injunction has been taken out against the company to prevent it from asset stripping equipment is unheard of and highlights the major concerns which governmental bodies hold regarding the intentions of CS Wind. ‘The factory should be one of the crown jewels in Scotland’s renewables industry as it manufactures onshore and offshore wind turbines, but it has been lying idle for months now.
The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund. ..."they were proffered as a general inducement to the Council to grant planning permission and constituted a method of seeking to buy the permission sought, in breach of the principle that planning permission cannot be bought or sold."
Appeal Court judges have overturned a landmark High Court ruling on the extent to which applicants can vary existing permissions after finding that a planning inspector acted "beyond her powers" in allowing a variation to conditions attached to a wind farm consent.
Mr and Mrs Milne did not object to the development, as they were never given notice of them during the planning process. But the couple – who had considered building their own turbine on the land by their home – became so fed up with the noise that they complained to the council, and after being unsatisfied with the impact the noise notice issued, decided to go to Aberdeen Sheriff Court to get their own order.
A windfarm company has gone to court in a row over its efforts to get connected to the national grid.
The Conservative MP Scott Mann said he is ‘delighted’ the High Court has dismissed proposals to build a wind farm near Week St Mary. The MP for North Cornwall said Good Energy’s appeal with the High Court was ‘dismissed by judges’ on May 25.
An appeal to build two 18-metre high wind turbines on a farm in Benwick have been refused by planners and objected to by the MOD due to “aviation safety”.
The go-ahead comes following a decision by the Supreme Court in London to reject the Royal Society for the Protection of Birds (RSPB) in Scotland’s application for leave to appeal in its long-running challenge to a planning decision made by Scottish Ministers in 2014.
The Royal Society for the Protection of Birds (RSPB) has applied to the Supreme Court for permission to appeal against the development of a wind farm which it argues would impact seabird colonies.
The company behind plans for a £2 billion wind farm off the Fife coast has called on bird protection charity the RSPB to abandon any further potential legal proceedings which could scupper the project and put hundreds of potential jobs at risk.
"This judgment will come as a shock to many. The Supreme Court determined that the contractor, MT Højgaard, was under an obligation to ensure that the offshore windfarm's foundations would have a minimum lifetime of 20 years. This effectively placed on the contractor the consequences of an error in the international standard to which they were working.
A ramblers body has won High Court permission to challenge the decision to approve construction of a wind farm in the Antrim Hills.
The English Supreme Court is due to hear an appeal on the long-running dispute in connection with the Robin Rigg Offshore Wind Farm. ...At issue is whether E.ON (the employer) or Højgaard (the contractor) must bear the approximate €26 million cost of remedying failed grouted connections between monopiles and transition pieces at Robin Rigg.
But RSPB Scotland challenged the decision over fears that the 335 turbines could kill thousands of protected seabirds, including puffins, kittiwakes and gannets. The conservation charity claimed the Scottish Government had acted unlawfully when considering the applications.
North Norfolk council taxpayers will fund expensive legal challenge, wind farm developers claim as appeal confirmed
A wind farm on the outskirts of Hilltown could still be on the cards as an appeal against its refusal will be heard later this year.
The Court of Appeal recently upheld the government’s right to cancel the Climate Change Levy (CCL) exemption for renewable generators. In effect this is a retrospective removal of subsidy entitlement, and should remind investors that even a seemingly secure economic rent will collapse when push comes to shove.
A mountain-top wind farm has been scrapped after a judge ruled the spinning blades could kill rare red kites. ... "There are important unknowns in this case."
The Scottish Government and two key players in the bid to develop huge windfarms in the North Sea have lodged appeals against the Court of Session’s controversial refusal of the projects.