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Wind turbine plan goes to High Court
Credit: By Lesley Tate | Craven Herald & Pioneer | 12 November 2014 | www.cravenherald.co.uk ~~
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Translate: FROM English | TO English
Campaigners against the building of three 320ft turbines near Gargrave are preparing to continue their fight at the High Court.
On December 5, in Leeds, renewable energy company, Energie Kontor UK will seek to challenge a Planning Inspectorate decision to dismiss its appeal to build at Brightenber Hill, near Stainton Hall, Bank Newton.
If the company is successful and the challenge is upheld, the application, which has already been refused permission by Craven District Council, will return to the Planning Inspectorate for determination.
It could mean a third public inquiry or hearing.
Both the council and the inspectorate have refused the plans because of the impact on the residential amenity of nearby farms.
Campaign group Friends of Craven Landscape (FoCL) which has so far spent more than £100,000 fighting the plans, is now preparing to spend in addition more than £5,000 to be represented at the hearing before the Administrative High Court.
The Inspectorate is also believed to be sending a planning barrister, but the council, a co-defendant, will not be represented.
“We feel it is important for the community to have a voice at this hearing, so we’ve instructed a barrister who specialises in planning law,” said FoCL spokesman Chris Emmett.
“This, together with the solicitors’ fees will cost about £5,400, which is a problem. So far, this seven-year battle has cost us over £100,000 and the kitty is now bare.”
But he added it would be a shame if the money could not be raised.
“This is the very last hurdle and it would be a shame if we stumbled just because we lack the funds.”
Energie Kontor has had two applications – for five and three turbines – refused by Craven District Council and rejected at appeal by the Planning Inspectorate.
It is challenging the latest decision, made in the summer more than a year following a public inquiry, on a single point.
It believes the two government inspectors approach to assessment differed when it came to aspects of the decision-making process.
Mr Emmett said the case was about ‘wording and not substance’.
“It all seems like a desperate throw of the dice, but in planning law, anything can happen, we must take nothing for granted.”
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