High Court hears legal challenge to wind farms
The conflict between the need to build wind farms in the battle against climate change and the need to preserve the country’s landscape heritage was highlighted yesterday in a High Court legal challenge.
The Peak District National Park Authority was attacking plans to build four 102-metre (335ft) wind turbines at Carsington Pastures, between Matlock and Ashbourne.
The proposed site is just outside the park and adjoins the Carsington Water beauty spot.
The scheme has been condemned by both local residents and tourists who enjoy walking the area, which includes the High Peak Trail, the Limestone Way and local paths.
Yesterday’s legal challenge has important general implications for wind farms near national parks.
Although it supports renewable energy schemes in principle, the Peak park authority fears the giant turbines will have a harmful visual impact on an otherwise protected landscape.
The authority and Derbyshire Dales District Council are jointly asking Lord Justice Carnwath, sitting at the High Court in London, to quash a planning inspector’s decision last September to approve the proposal.
Communities Secretary John Denham and the developers, Carsington Wind Energy Ltd, are opposing the application.
They argued in court that the inspector “reached a conclusion that is unimpeachable in terms of planning judgment”.
In his decision report, planning inspector Robin Brooks said: “I have concluded that the proposal would not unacceptably diminish the enjoyment of the countryside for the great majority of visitors to the Peak District National Park and Derbyshire in general, or of local residents.”
Anthony Crean QC, appearing for the park and council, argued the inspector had misconstrued planning law.
The case continues.
30 June 2009
Tags: Wind power, Wind energy
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