LOCATION/TYPE

NEWS HOME

[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]



Archive
RSS

Add NWW headlines to your site (click here)

Get weekly updates

WHAT TO DO
when your community is targeted

RSS

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Paypal

Donate via Stripe

Selected Documents

All Documents

Research Links

Alerts

Press Releases

FAQs

Campaign Material

Photos & Graphics

Videos

Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Resident’s legal challenge forces council to quash turbine consent 

Credit:  Western Morning News | www.thisisdevon.co.uk 30 August 2012 ~~

A council has been forced to withdraw planning permission for a controversial wind turbine after a protestor highlighted flaws in how the application was handled.

South Hams District Council has been forced to revoke permission for the wind turbine at Chivelstone Cross, near Kingsbridge.

And it will have to pay the £10,000 legal costs of local resident John Casson, who enlisted environment law experts Richard Buxton Associates after the application for a 20-metre turbine got the green light in February.

They wrote to South Hams District Council, telling them that an environmental impact report should have been called for and considered.

Mr Casson said: “I am very concerned that the planning application process has not been followed correctly and that is totally unacceptable.

“Chivelstone and the surrounding area is a public amenity and determined as one of outstanding natural beauty.

“The area depends heavily on a strong tourist industry which benefits the whole community, including farmers who have diversified. This wind turbine can be seen for miles around and undoubtedly has an adverse impact on the environment.”

At first, the council denied that it was at fault in the planning process, but after Mr Casson’s lawyers threatened a Judicial Review, the authority sought advice and then conceded that it should have requested an environmental impact report.

A consent order has now been agreed, and the legal action has been withdrawn. South Hams District Council has been forced to withdraw the planning application and has agreed to pay Mr Casson’s legal costs of £10,000.

Mr Casson said: “At a time when councils need to save money, a large amount has already been wasted in legal costs, both mine, largely paid for by the council, and theirs – ultimately a cost the taxpayer will have to bear, as a result.”

A spokesman for South Hams District Council, said: “Permission for the wind turbine has been quashed after the council agreed to a Consent Order.

“The council has acted to minimise legal costs and we accept that, on this occasion, we did not apply the correct tests in the initial part of the planning process.

“The court did not rule on the planning merits of the development. We apologise for the error.

“The planning application for the wind turbine is due to go back to the development management committee for reconsideration.”

Source:  Western Morning News | www.thisisdevon.co.uk 30 August 2012

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Funding
   Donate via Paypal
(via Paypal)
Donate via Stripe
(via Stripe)

Share:

e-mail X FB LI TG TG Share

Tag: Victories


News Watch Home

Get the Facts
CONTACT DONATE PRIVACY ABOUT SEARCH
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.

 Follow:

Wind Watch on X Wind Watch on Facebook

Wind Watch on Linked In Wind Watch on Mastodon