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The Climate Litigation Database

Macarthur v. Secretary of State for Communities and Local Government

Geography
Year
0
Document Type
Litigation

About this case

Filing year
Status
Dismissed
Court/admin entity
United KingdomEngland and WalesHigh Court of Justice
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
Challenge planning permission for the construction of two wind farms

Documents

Filing Date
Document
Type

Summary

Petitioners challenged the local council’s denial of planning applications for the construction of two wind farms on the grounds that the harm from visual and character impacts outweighed the proposals’ modest contribution to climate change mitigation. The Inspector heard the appeals jointly and overturned the council’s decisions. Taking into account recently adopted policy schemes that encouraged renewable energy, especially to address climate change, the Inspector found that the benefits substantially outweighed visual, character, and sound impacts. Informal citizen groups challenged the Inspector’s decisions in the High Court of Justice alleging that the decisions were based on material error of fact and the Inspector’s reasoning was inadequate. The court rejected both arguments and upheld the Inspectors approval of the wind farm.