Case law >> wind farms take centre stage in legal battles

7th October 2014


Related Topics

Related tags

  • Mitigation ,
  • Renewable ,
  • Business & Industry

Author

Michael Cooke

Keith Davidson from LexisPSL on a high court decision to quash planning permission for a Welsh wind turbine

Applications to construct onshore wind farms continue to face resistance, with campaigners increasingly resorting to the courts. The most recent example is the high court’s decision to quash planning permission for a 34m turbine at Glascwm in Wales.

Permission for the turbine had been granted by Powys county council, but campaigners complained that the turbine was “inappropriate for such an unspoilt location”.

The Powys case follows similar successful legal challenges. In Christopher James Holder v Gedling borough council [2014] EWCA Civic 599, the court of appeal held that an objector to a 66m wind turbine in the Nottingham greenbelt had permission to appeal on the grounds that: permission could set a precedent for other wind turbine developments nearby; the turbine would not generate a significant amount of electricity; and the proposal would only benefit the applicant financially.

And, in Victoria Glynne Gregory and Welsh ministers [2013] EWHC 63 Admin, the high court agreed with campaigners that Anglesey county council’s decision to grant permission for a 40m turbine in an area of natural beauty was ill-considered and unlawful.

There are many common concerns in these decisions, including damage to landscape quality and the precedent for further applications. In the Powys case, campaigners also argued that the council had an overwhelming obligation to protect the area for “future generations”.

Yet wind farms and other forms of renewable energy are essential for future generations because they will help reduce greenhouse-gas emissions and mitigate climate change.


Transform articles

Local authorities could have saved Green Homes Grant

The Green Homes Grant is set to deliver only a fraction of the jobs and improvements intended, leading to calls for more involvement from local authorities in future schemes.

23rd September 2021

Read more

COVID-19 recovery packages have largely focused on protecting, rather than transforming, existing industries, and have been a “lost opportunity” for speeding up the global energy transition.

23rd September 2021

Read more

None of England’s water and sewerage companies achieved all environmental expectations for the period 2015 to 2020, the Environment Agency has revealed. These targets included the reduction of total pollution incidents by at least one-third compared with 2012, and for incident self-reporting to be at least 75%.

30th July 2021

Read more

The UK’s pipeline for renewable energy projects could mitigate 90% of job losses caused by COVID-19 and help deliver the government’s ‘levelling up’ agenda. That is according to a recent report from consultancy EY-Parthenon, which outlines how the UK’s £108bn “visible pipeline” of investible renewable energy projects could create 625,000 jobs.

30th July 2021

Read more

Billions of people worldwide have been unable to access safe drinking water and sanitation in their homes during the COVID-19 pandemic, according to a progress report from the World Health Organisation focusing on the UN’s sixth Sustainable Development Goal (SDG 6) – to “ensure availability and sustainable management of water and sanitation for all by 2030”.

30th July 2021

Read more

The oil and gas industry is set to burn through its allocated carbon budget 13 years early unless decisive action is taken immediately, new analysis has found.

22nd July 2021

Read more

The UK will no longer use unabated coal to generate electricity from October 2024, one year earlier than originally planned, the Department for Business, Energy & Industrial Strategy has announced.

2nd July 2021

Read more

The UK government is not on track to deliver on its promise to improve the environment within a generation and is failing to stem the tide of biodiversity loss, a damning new report from MPs has revealed.

1st July 2021

Read more

Renewable energy will account for nearly 40% of the world's power mix by the end of this decade, overtaking coal within the next few years, according to research by GlobalData.

24th June 2021

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert