The case was a challenge against a Planning Inspector’s decision to uphold the refusal of planning consent for a wind farm on land near Great Yarmouth. The farm would have consisted of four wind turbines with associated infrastructure. The planning officer’s report to committee recommended refusal of the application on the basis that the proposals were contrary to a number of local plan policies. The committee agreed and refused consent accordingly, citing the detrimental visual impact the development would have on the nearby designated Norfolk Broads, and because it could not rule out compromise to the integrity of the nearby Special Conservation Area and Ramsar Site.
The applicant appealed, pointing out that the proposal would have contributed to regional and national renewable energy targets. Reference was made to the national planning policy promoting the use of renewable resources.
The court dismissed the challenge. A national planning policy cannot require “primacy” to be given to national policy over statutory local policies. The statutory duty is to determine planning applications in accordance with local development policies unless material considerations indicate otherwise. National policies promoting the use of renewable energy are one material consideration, which must be factored into the decision taker’s balancing exercise.