Mid-Devon’s Den Brook wind farm saga has been going on for more than 4 years now. Our Judicial Review team are appalled by what they’ve recently discovered and are more than ever determined to try and achieve another important precedent to assist all who are, or who are likely to be, affected by wind turbine noise.
Permission has been given to appeal the recent high court decision and we go to the Court of Appeal in only three weeks time, on 24th July – the second time we’ve been through the court system in only four months The Appeal will crucially re-examine the ‘installed capacity’ balancing procedures along with a recently discovered invalid and flawed noise assessment undertaken by the developer here in Devon.
After persevering for nearly 4 years we at last managed to obtain the developer’s noise monitoring data only a few weeks ago. This was not available at the Planning Inquiry nor at the High Court Hearing. The judge at that Hearing, whilst not upholding our claim, was severely critical of the developer for withholding this data. It was subsequently handed over and we learnt useful lessons in the process – if you are seeking to obtain your background noise and wind-speed data in order to independently evaluate your developer’s noise-assessment, contact us, we would be happy to assist.
An independent professional evaluation of the noise data here has revealed an erroneous analysis and prejudicially flawed noise assessment by a supposedly leading developer with Queen’s and other prestigious awards bestowed upon it. This recently discovered hard and factual evidence leads us to be cautiously optimistic that the Appeal Court will uphold our legal challenge and overturn the planning permission.
Success would set an important precedent to assist all concerned about noise and the vagaries of ‘installed capacity’, and trying to gain some justice in this tortuous wind farm debacle.
It will come as no surprise that we are strapped for funds to underwrite the potential £20k costs exposure for the Appeal Court case. We have raised a massive amount locally and nationally over the past 4 years to get this far but we urgently need your financial support to ensure we are able to take this important legal challenge through to a conclusion.
For more information and for details of where to send your contribution please visit our web site www.denbrookvalley.co.uk.
2nd July 2008
Den Brook Judicial Review Team
Donations made out to “Den Brook Judicial Review Fund” can be sent directly to:
Nick Jewell, Lynderies, Heath, Spreyton, Devon, EX17 5AN, UK