Data source
Date of text
02 Aug 2011
Seat of court
London
Original language

English

Type of text
National - higher court
Reference number
[2011] EWHC 1999 (Admin)
Court name
High Court
Justice(s)
Pelling
Sources
InforMEA

The Administrative Court has dismissed a challenge to a planning permission granted on appeal for the erection of two 125m tall wind turbines. The main points in the challenge alleged that(i) the Secretary of State had erroneously concluded that the development did not require Environmental Impact Assessment, (ii) the Inspector should have referred that issue back to the Secretary of State before determining the appeal, and (iii) the development required Appropriate Assessment under the Habitats Directive and Regulations, because of the effect of the scheme upon the Morecambe Bay Special Protection Area. The challenge was rejected on all grounds.