Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Decision Based on Evidence Means Planning Application Fails

26th July, 2012

When a local authority refused to approve a plan to build a 19-turbine wind farm on a peat bog near Swansea, the applicant – energy giant Npower – appealed.

The planning appeal was dealt with by way of an inquiry. There were objections related to the effect the wind farm would have on the peat in the area and the steps to be taken to mitigate this. Evidence was given by an expert instructed by the applicant that the impact would be minor. This evidence was not challenged.

The Inspector’s report stated that the impact on the peat bog would be significant and the Welsh Ministers refused the planning application on this ground.

The refusal was overturned by the High Court on the ground that the Inspector’s decision was not adequately supported by the evidence and did not follow coherently from it.

The Welsh Ministers appealed against this decision. The appeal was upheld by the Court of Appeal, which concluded that the Inspector had had enough information and had ‘complied with the basic obligation to provide…adequate reasons’.

As a result, Npower is faced with submitting a new application with the wind turbines positioned in such a way as to minimise the impact on the peat.

When Seeking Planning Permission in a sensitive environment it is essential that you have all the correct information in front of the decision maker to help them give full weight to your case over any possible objection. We can help you put your case as strongly as possible.

You might also be interested in...

Solicitors’ Professional Indemnity Insurance: Run-off and alternative regulators

18th July, 2018

Special Focus: Solicitors’ Professional Indemnity Insurance Run-off – it dominates the thoughts of sole practitioners and partners in smaller law firms in my experience and restricts the ambitions of firms. The SRA could help law firms by relaxing their rules on run-off cover on their Solicitors’ Professional Indemnity Insurance to help firms merge or close more easily. This would protect... Read More »

Senior employment lawyer joins Theatr Clwyd board

17th July, 2018

Helen Watson, Head of Employment Law at Aaron & Partners LLP, has taken up an invitation to become a Trustee of both the Trust Board and the Main Board Theatr Clwyd has bolstered its senior leadership team with the appointment of an experienced employment law solicitor to support its vision of being at the forefront of theatre making... Read More »

Why there is more to CSR than just boosting a company’s ego

6th July, 2018

When a business invests in its community it deserves praise – but it must go beyond that, writes Helen Watson, a trustee at Claire House and partner at Aaron and Partners Solicitors. Corporate social responsibility (CSR) is the link between a company and the community in which it operates. As a trustee on charity boards including Claire House... Read More »

Contact Us