Original language

English

Country
United Kingdom
Date of text
Status
Unknown
Type of court
National - higher court
Sources
InforMEA
Court name
High Court
Seat of court
London
Reference number
[2011] EWHC 1999 (Admin)
Tagging
Environmental Impact Assessments, Jurisdiction, Air pollution, Property, Standing, Permits, Evidence
Free tags
Legal questions
Energy
Files
COU-159741.pdf
Justice(s)
Pelling
Abstract
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.