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- North Cote Farms Ltd. v. Secretary of State for Communities and Local Government
North Cote Farms Ltd. v. Secretary of State for Communities and Local Government
About this case
Filing year
2015
Status
Appeal denied
Geography
Court/admin entity
United Kingdom → England and Wales → High Court of Justice
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Renewable projects (Global)
Principal law
United Kingdom → Section 66 of the Planning Act 1990
At issue
Appeal of rejection of permit to build a wind turbine generator that would impact the setting of a designated heritage asset in the vicinity
Topics
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Documents
Filing Date
Document
Type
Topics
Beta
Search results
Summary
A local planning inspector in England denied an application to construct a wind turbine generator that would negatively affect Carnaby Temple, a nearby heritage asset. The applicant appealed, complaining in particular that the planning inspector improperly considered the effect the wind turbine would have on the view from the Temple, despite the fact that the windows of the temple were bricked up. The high Court of Justice affirmed the local authority’s decision on the basis that the Inspector was entitled to take into account the views from the Temple and to find that this and other negative impacts outweighed the wind turbine’s potential contribution to the government’s goal of reducing greenhouse gas emissions and addressing climate change.
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Group
Topics
Policy instrument
Risk
Renewable energy
Greenhouse gas
Economic sector
Finance