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Legal round-up: Beddington Farmlands incinerator appeal denied, Berwick wind turbine appeal denied

Words: Roger Milne
Courtroom Gavel - legal changes that affect planners

A round-up of legal news: 8 November - 14 November, 2014


Wind turbine High Court challenge failure

A man has failed in a High Court challenge to plans for a wind turbine "taller than St Paul’s Cathedral" only 500 metres from his home.

Benjamin Howell, who lives with his wife at Crake Hall, Shipmeadow, near Beccles, had asked judges to quash the decision of a planning inspector to grant planning permission for the 125-metre high wind turbine at nearby Laurel’s Farm.

But, while Mr Justice Cranston said today that he was "troubled by a turbine which will be taller than St Paul’s in London", he ruled that the inspector who granted consent had been entitled to do so.

He found that the inspector had "carefully assessed the impact" of the turbine on the landscape of the nearby Broads, and acknowledged that some harm would be caused.

He continued: "However, he reached an overall conclusion that it would not fail to conserve and enhance the natural beauty of the Broads. That was a matter of planning judgment and in my judgment there is no legal flaw in this regard."

Waveney Borough Council had refused to grant planning permission on visual and landscape and noise grounds, with the proposal having been opposed by the Broads Authority, 10 town or parish councils and many local residents.

Judge upholds Sutton Council's decision to approve plans for an incinerator on Beddington Farmlands

A High Court judge has upheld Sutton Council's decision to approve plans for energy from waste facility at Beddington which developer Viridor plans to build to handle waste generated by a number of south London councils. 

Croydon Advertiser 

High Court rejects campaigner's bid to stop Margate Tesco development

A Margate B&B owner and campaigner has lost her case in the Appeal Court against redevelopment plans that included a seafront Tesco superstore at Arlington House.

The decision came after Tesco ditched plans for a new 82,000 square foot superstore at the site citing financial difficulties and changing consumer habits. 

Isle of Thanet Gazette 

Balcombe legal action against Cuadrilla in the High Court

Anti-fracking campaigners last week argued their case against further oil exploration in West Sussex in front of a High Court judge. A residents' group from Balcombe is pursuing a judicial review of the county council's decision to allow energy company Cuadrilla to carry out test drilling. The group has claimed in court that the planning permission was granted unlawfully.

Leigh Day 

Judicial review granted after plans agreed for a wind turbine across the estuary from Dylan Thomas' writing shed

A judicial review into a planning decision to allow a wind turbine at the centre of an iconic view – enjoyed and celebrated by the poet Dylan Thomas – has been granted. The 45-metre turbine would be visible across the estuary from Dylan Thomas’ boathouse and writing shed in Laugharne.

Wales Online 

Berwick wind turbine approval quashed for a third time

Northumberland County Council is set to reconsider plans for a wind turbine on a farm near Berwick-on-Tweed for a third time after a High Court judge quashed the latest planning approval.

Chronicle Live 

Landlord ordered to pay £280k after breaching enforcement notices on flats

A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000 by a judge at Blackfriars Crown Court following a prosecution brought by Islington Council after the man flouted an enforcement notice.

Local Government Lawyer