Documents filed under Zoning/Planning from UK
The attached appeal upholds the prior judgement to revoke the planning permission for a single community scale 500kw wind turbine at Severndale Farm, Tidenham, Gloucestershire. Resilient Energy's granted planning permission was heavily influenced by their promise to provide an annual donation to a local community fund. The court determined that this donation did not qualify as material consideration, due to its intended purposes unrelated to the developer's land use, and, therefore, was unlawfully taken into account by the Forest of Dean District Council in making their decision.
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.
House of Lords: A bill to make provision for a minimum distance between wind turbines and residential premises according to the size of the wind turbine; and for connected purposes.
This Appeal Decision prepared by Robin Brooks BA (Hons) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government provides detailed arguments on why the appeal was denied. Several categories of interest are covered including these main issues:
An indictment of the Scottish Executive and regulatory incompetence and indifference......‘One is left with a clear impression of inertia, bungling, duplicity, poor communication, procrastination, obfuscation and, quite frankly, shoddy and incorrect decision-taking both in temporal and technical terms'.
This is the report submitted by the Planning Inspector appointed by the National Assembly for Wales that dismisses the appeal by the Awe Amman Tawe quango for a wind farm on Mynydd-y-Gwrhyd. Of particular interest are the Inspector's remarks on Landscape and Visual Impact (paragraphs 16-20 on pages 5-6) with respect to how 'developers photomontages' do not give the true visual impact of actual wind farm sites.
Editor's Note: Recently updated, Elizabeth Mann's extensive research on the deceptive measures employed by proponents of industrial wind energy in the UK at both the national and local level should prove quite useful to opponents of wind energy in the UK.
A7 Energy's appeal against the Easington District Council for refusing to grant planning permission with respect to a wind plant consisting of 2 x 2.3MW turbines was dismissed by D. L. Burrows, an inspector appointed by the Secretary of State for Communities and Local Government. The principal reason for dismissal was adverse impact the turbines would have on the activities of Shotten airfield.
The Secretary of State accepts the Inspector’s [David M H Rose] findings on the section 36 application. He agrees with the Inspector’s conclusions that the Whinash site is an important and integral part of a far reaching landscape which is highly sensitive to change and that the adverse environmental impacts of the Development would conflict with the aims of Planning Policy Statement 22 which is, in part, to minimise the impacts of wind generation and to achieve environmental safeguards. He also agrees with the Inspector’s conclusion that the environmental harm to this particular landscape outweighs the benefits of securing renewable energy at the Whinash site. The Secretary of State therefore accepts, taking account of the further comments below, the Inspector’s recommendation that consent be refused. Editor's Note: The pdf file contains the complete report.
This report surveys the intense debate now taking place as to why the chosen strategy is not achieving its objectives. We believe that a principal factor is to be found in the increasingly controversial renewable energy policy, which is widely criticised for its lack of balance and its over-emphasis on onshore wind at the expense of other technologies.