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The Climate Litigation Database

KS SPV35 Ltd. v. Monmouthshire County Council

Geography
Year
0
Document Type
Litigation

About this case

Filing year
Status
Permission granted
Court/admin entity
United KingdomPlanning Inspectorate
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)Renewable projects (Global)
Principal law
United KingdomTown and Country Planning Act 1990 (England and Wales)
At issue
Permission sought to build solar farm

Documents

Filing Date
Document
Type

Summary

KS SPV35 Ltd. appealed the Monmouthshire County Council’s rejection of its application to install a solar farm near an Area of Outstanding Natural Beauty (“AONB”). The Planning Inspector overturned the Council’s decision after considering arguments that the slightly revised plan for a solar farm would result in a loss of natural green space or harm to the area’s natural character and wildlife. The Inspector conditioned approval of the plan for a solar farm on construction and maintenance of a surrounding boundary hedge of at least three meters in height.