Library filed under Legal from UK
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.
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.