Documents filed under Legal from UK

Finney v Welsh: Court of Appeal Decision

Finney_v_welsh_ministers_etal__11-5-2019_thumb In Finney v Welsh, the appeal court supported the decision to refuse an increase in wind turbine height after finding that a 10-meter increase in turbine height would be a material change that would be inconsistent with the description of the permitted development and thus would result in a different development. A section of the decision is provided below. The full decision can be accessed by selection the document links on this page.
5 Nov 2019

Turbine denied (Joicey V Northumberland County Council)

Joiceyr_v_northumberland_county_council_2014_ewhc_3657_thumb 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. 
11 Nov 2014

http://www.windaction.org/posts?location=UK&topic=Legal&type=Document
back to top