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Bosses launch legal action over wind farm
Credit: By Richard Youle, www.thisissouthwales.co.uk 12 April 2011 ~~
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A wind farm developer is seeking a judicial review after its appeal for 19 turbines on land north of Swansea was dismissed by an Assembly- appointed inspector.
RWE npower renewables has lodged two claims, seen by the Post, with the High Court of Justice.
Objectors to the Mynydd y Gwair wind farm scheme, near Felindre, said they will oppose any legal move that challenges the inspector’s decision.
“We are here to fight again, and we won’t rest until we save Mynydd y Gwair,” said Glyn Morgan, chairman of the action group Socme (Save Our Common Mountain Environment).”
The first claim form names Welsh Ministers and Swansea Council as defendants, and sets out RWE’s claim for a quashing order “in respect of the dismissal of the appeal against refusal by the council of planning permission”.
The Assembly Government said RWE’s legal move was a “pre-action protocol process” which was aimed at encouraging out-of-court settlements.
RWE’s second claim names Welsh Ministers as defendants and Swansea Council as an interested party, and concerns orders and consents relating to the same proposal for the 19 127-metre turbines.
The application was originally submitted to Swansea Council in September 2008, with objectors submitting a 1,030-strong petition and 1,602 letters. Supporters also put pen to paper, writing 1,234 letters.
Although the council objected to the application, it had taken so long to do so that RWE appealed, prompting a public inquiry.
RWE said the wind farm would generate electricity for the equivalent of 28,100 homes and that Wales was falling well short of its wind energy targets, but planning inspector Stuart Wild dismissed the appeal because of the potential harm it would cause to the local peat habitat.
Socme’s Glyn Morgan said Mawr Community Council, Swansea Council and the Assembly inspector had, in effect, objected to the scheme. Referring to the potential judicial review, Mr Morgan said: “Where is the local democracy? When is ‘no’ ‘no’? I think this is wrong.”
Swansea Council will look at the issue in more detail before deciding what to do.
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