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.
Documents 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.
This useful analysis examines many of the key issues raised before the Courts in the United Kingdom regarding wind turbine noise nuisance cases. An excerpt of the paper is provided below. The full report can be accessed by clicking on the link at the bottom of this page.