High Court throws out Burton Agnes wind farm plan from Wind Prospects

Credit: By Lucy Leeson | Hull Daily Mail | December 09, 2014 | www.hulldailymail.co.uk ~~

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Developers have failed in an appeal to the High Court to build six wind turbines in the Yorkshire Wolds.

Wind Prospects Developments took its plans to build the 110m wind turbines in Burton Agnes to the High Court after its application was twice refused by East Riding Council and the Secretary of State Eric Pickles.

Mrs Justice Beverley Lang dismissed Wind Prospects’ latest challenge on Friday.

Councillor Symon Fraser, planning portfolio holder at East Riding Council, has welcomed the latest decision.

He said: “The community will be happy to hear that the Secretary of State’s decision has been upheld.

“This also gives us some confidence that local opinion and local planning decisions will be easier to uphold into the future.”

The court was told that Mr Pickles turned the scheme down despite his own planning inspector advising that permission should be granted.

Mrs Justice Lang said: “On the evidence before me, there was nothing to suggest that this decision was based on anything other than proper planning reasons, with which the claimant happens to disagree.

“Overall, Mr Pickles made a planning judgment that some weight to the potential for adverse effects on tourism ought to be considered in the balance.”

Wind Prospects argued Mr Pickles has failed to properly explain why he reached a different view to that of his inspector on key issues, including the effect on the surrounding landscape and the impact on residents’ views of the countryside.

Mr Pickles took the view that, if the proposal was allowed, multiple wind farm sites would be visible from homes in the area and that their “cumulative impact” would have an “adverse impact on local amenity”.

Mrs Justice Lang said: “It is apparent from the evidence that the cumulative effect of a number of wind farms in the area was a significant issue at the inquiry and all parties had an opportunity to give evidence about it and comment upon it.”

Source: By Lucy Leeson | Hull Daily Mail | December 09, 2014 | www.hulldailymail.co.uk

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