May 6, 2016
England

Enforcement action to be taken against Lask Edge turbine

By Leslie Jackson | Leek Post & Times | May 05, 2016 | www.leek-news.co.uk

Enforcement action is set to be taken which could see the removal of a wind turbine from a rural Staffordshire Moorlands location.

Controversy has raged since a planning application for a single 5KW micro-turbine on a 15-metre tower was applied for at Lask Edge Farm, Lask Edge Road, Lask Edge near Leek in 2013.

The proposal has led to planning debates and has involved both the Government Planning Inspectorate and the High Court.

Now residents in the area are demanding that, following the end of the long legal process, the turbine is now removed from the land immediately.

A planning application was lodged on October 22, 2013. This was recommended for refusal by planning officers and then turned down by the council’s planning applications committee in February 2014.

The applicant then appealed to the Planning Inspectorate against the decision and the appeal was upheld in November 2014.

However, a Judicial Review of the decision was initiated by a member of the public with the High Court.

The Judicial Review was successful and the High Court in Manchester quashed the decision after the Planning Inspectorate accepted it had made a mistake in their determination of the appeal.

The decision stated that the inspector failed to give adequate reasons for the conclusion that there were very special circumstances which outweighed the harm to the green belt and other harm.

The application was then sent back to the Planning Inspectorate, but was this time dismissed by an inspector on January 27, 2016.

A spokesman for Staffordshire Moorlands District Council said: “The wind turbine appeal at Lask Edge Farm, Lask Edge Road, near Leek, was dismissed on appeal on January 27 this year.

“The appellant had six weeks in which to mount a Judicial Review of that decision.

“The challenge period has now passed and the council is now pursuing the matter in accordance with due legal process.”

A nearby resident, who asked not to be named, said: “The issue had been one of frustration for residents. The legal process has been followed.

“The turbine has been refused all along the line and the Planning Inspectorate made a mistake.

“Now enforcement action to take down the turbine should follow.

“However at this time the turbine is still running.

“There was a 280 named petition against the erection of the turbine.”


URL to article:  https://www.wind-watch.org/news/2016/05/06/enforcement-action-to-be-taken-against-lask-edge-turbine/