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Cornwall Council wind turbine decision quashed in High Court
Credit: Western Morning News | June 03, 2015 | www.westernmorningnews.co.uk/ ~~
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Planning permission for a 252ft wind turbine in Cornwall has been quashed after a pensioner took Cornwall Council to the High Court.
Peter Waller has won a judicial review of the council’s decision to approve Clean Earth Energy plans for a mast measuring 77m to blade tip at Tredinnick Farm, Newquay.
The judge ruled in favour of Mr Waller, 71, and ordered the local authority to pay costs of £9,500.
The council signed a consent order
The judgement was based on a series of errors, including officers incorrectly assessing the power output of the 500kW device.
Planners also failed to report to the committee the concerns of English Heritage or the National Trust, who were concerned about the effect of the scheme on the setting of the nearby Grade I listed Trerice House.
Mr Waller who lives 400 metres from the proposed site, said the result had taken “nine months and an enormous amount of stress to achieve”.
“At the age of 71 I had wished for better ways to spend my retirement,” he added.
He is now calling on Cornwall Council to apologise and take disciplinary action against the officials involved.
In a statement, he has also demanded a Government audit “to ensure that Cornwall council planning office is fit for purpose”, and a moratorium on “all commercial renewable installations”.
The application was approved by Cornwall Council’s Central Sub-Area Planning Committee in September 2014.
No construction has started and the turbine is not built.
It will now go back to Cornwall Council for re-determination.
CleanEarth said it was disappointed with Cornwall Council decision not to defend the challenge.
“We remain of the firm view that the application was objectively considered by the planning committee, and carried out in accordance with available policy and guidance,” a spokesman added.
The council is yet to comment on the decision or the demands.
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