London’s Court of Appeal today approved plans to erect and 80m tall wind turbine on the edge of the Norfolk Broads.
The three-judge panel at the London court dismissed an appeal brought by a resident who lives half a kilometre from the proposed turbine.
Developer Stamford Renewables is seeking to build the turbine, with a potential 2MW rated output capacity, just outside of the Broads areas, defined by statute as being “of national importance… as an area of natural beauty.”
Permission was refused by the local authority but granted by the Secretary of State following a planning inquiry. That permission was upheld by the High Court in November.
The resident appealed saying that the High Court judge, Cranston J, had erred. He claimed that the inspector’s approach to his duty under the 1988 act relating to the Norfolk Broads Authority. In addition lawyers argued that the inspector’s approach to the local development plan was flawed, as was his assessment of the benefits of the turbine and its possible noise impact.
However, in a ruling today appeals court judge Sir David Keene said that the lower-court judge had produced a “thorough and careful judgment” rejecting arguments that the inspector has “erred in law.”
The inspector properly interpreted the 1988 Act and the relevant development plan polices, he said. Also, the fact that the turbine would not produce 2MW of energy on “an enduring basis” does not mean the inspector overemphasised the benefits of the project.
“From the outset all those participating in the six day inquiry were well aware that the proposed turbine, like wind turbines generally, would never achieve on an enduring basis 2MW,” today’s judgment said. The judgment also found agains the appellant on the basis of noise.
Howell v Secretary of State for Communities and Local Government, Court of Appeal (Richards LJ, Briggs LJ, Sir David Keene) 19 November 2015
Richard Harwood QC (instructed by Richard Buxton) for the claimant
Richard Honey (instructed by Treasury Solicitor) for the first defendant
Jeremy Pike (instructed by Mike Stamford – Public Access) for the third defendant
