RWE Innogy UK Ltd v Secretary of State for Communities and Local Government
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE DOVE
Areas of Law
- Administrative Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case concerned the Secretary of State's refusal of planning permission for a wind farm development in East Heslerton, Ryedale. The primary issues involved the landscape impact on the North York Moors National Park and the cultural impact on St. Andrew's Church. Despite an Inspector's recommendation to allow the development, the Secretary of State concluded it would negatively affect public enjoyment of the NYMNP and the church's setting. The court upheld this decision, finding that the Secretary of State had appropriately weighed the evidence and used proper reasoning.
J U D G M E N T
MR JUSTICE DOVE:
Introduction
This case concerns the decision of the Secretary of State to refuse planning permission for ten wind turbines and associated infrastructure as East Heslerton, Ryedale.
Two topics of complaint are raised. Firstly, the Defendant's conclusions in relation to landscape impacts on the North York Moors National Park ("NYMNP") which the site is not within, but which at its closest point is 9 kilometres from its boundary.
The second aspect is the assessment of the impact on cultural heritage in the decision, in particular the impact on St Andrew's Church, East Heslerton, which is a Grade I listed building designed by GE Street, the renowned exponent of the Victorian Gothic revival style of architecture in the late 19th century and indeed architect of the Royal Courts of Justice in which this judgment is being delivered.
History
The Claimants applied to the Interested Party (who did not appear in these proceedings), Ryedale District Council, for planning permission for the development described above on 18 March 2011. That application was accompanied by environmental information in the form of an Environmental Statement.
As is usual, the Environmental Statement included chapters on landscape and visual assessment and also archeology and cultural heritage. Within those chapters there was an evaluation methodology based on a matrix of analysing (A) the sensitivity of the landscape interest concerned or the historic asset, (B) the magnitude of the effect upon it leading to (C) a categorisation of the significance of that effect.
In relation to landscape and visual matters, the methodology separated out effects on landscape character from visual effects. In relation to landscape character, the impact on the NYMNP was said to be a low to negligible impact on a high sensitivity asset, giving rise to a moderate/minor impact of an "indirect long term/reversible neutral" type.
In respect of visual impact on the NYMNP, the impact was set out as "minor to no view" of a similar type based on a "negligible to no view" on a high sensitivity receptor. (See bundle page 242).
St Andrew's Church was assessed as a high sensitivity receptor and the analysis was described as follows:
"The development will be present in views out towards the countryside, particularly the view which is framed by the lychgate and which is further opened out when stepping through into the churchyard. However, it is considered that the development wi