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Wind turbine decision is quashed
Credit: Ben Goddard | County Times | 03 June 2014 | www.countytimes.co.uk ~~
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Campaigners were triumphant in a High Court battle over wind turbine plans in a Powys beauty spot.
Powys County Council agreed to quash a planning order at the High Court in Cardiff for a 40-metre high wind turbine to be erected in Upper Pengarth in the Radnor Hills.
Legal experts argued for campaigners concerned by the impact that a proposed wind turbine could have on the landscape and the local economy and successfully challenged a council decision to give the development the go-ahead.
The council originally approved plans, but were challenged by local campaigner Graham Williams, 70, who runs a horse-riding holiday business, Free Rein, after he warned of the potentially damaging impact that the construction of the turbine would have on the local landscape and economy.
Dr Justin Neal, representing Mr Williams, argued against the plans on grounds including that the council failed to properly consider the development in conjunction with applications for other turbines to be installed nearby.
He said: “When councils have to consider new applications for wind turbines they have to look carefully at their local policies and to act consistently and with care.
“It’s all very well to say that a turbine in isolation will have a limited impact on people and the environment, but where there are a number of existing and proposed turbines in the same area, the application should be put in context . That simply did not happen here.”
First proposed in October 2013, the plans for the construction of the new wind turbine in Upper Pengarth were subsequently given planning permission by the council in December 2013.
Discussing his concerns regarding the plans, Mr Williams said: “People who come to the Radnor Hills do so because they are undeveloped and the scenery is world class. They see these turbines as intrusions in a landscape described by Landmap as “Outstanding” which will put them off coming.
“We are just one of dozens of very small businesses here in the hills which depend almost solely on the quality of the landscape.”
Before the issues were considered by a judge, the council accepted proper consideration may not have been given to the policy and agreed to a quashing order from the court.
County planning committee chairman Councillor David Price said: “We have conceded that proper consideration may not have been given to our policies when we determined this application and we have agreed to withdraw planning consent.
“Due to this outcome, the committee will re-consider this application for determination.”
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| Tag: Victories |
