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Wind farm legal challenge thrown out
Credit: Diss Express, www.dissexpress.co.uk 20 August 2010 ~~
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The High Court has thrown out the latest legal challenge against plans for a wind farm in the heart of the mid-Devonshire countryside.
A judge in London dismissed a case brought by campaigner Mike Hulme over the grant of planning permission for nine turbines in the Den Brook Valley near Crediton.
Mr Hulme, of Coxmoor, Spreyton, Crediton, had hoped that Deputy High Court Judge Frances Patterson QC would allow his judicial review and quash the planning permission.
But, giving her ruling in London, the judge rejected all 10 grounds of challenge.
The decision was the latest in a long-running battle fought by Mr Hulme and other residents over the plans for the wind farm by Renewable Energy Systems (RES).
Mr Hulme, a leading member of the Den Brook Judicial Review Group, challenged a decision of the Communities and Local Government Secretary granting permission for the wind farm, consisting of nine 120m (393ft) high turbines, on land near the villages of North Tawton and Bow.
Mr Hulme, whose home is less than a mile away from the closest proposed wind turbine, previously succeeded in having the planning permission made subject to certain conditions to control potential noise pollution.
One of the grounds put forward during the latest court hearing – which was contested by RES – was the argument that the wording of the conditions was so defective as to make them “useless for our protection”.
Dismissing the action, the judge refused permission to appeal, but it is open to Mr Hulme to approach the Court of Appeal directly in a bid to take the case further.
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