Wind Prospect Developments Ltd v Secretary of State for Communities And Local Government & Anor

Judgment

Mrs Justice Lang:

Introduction

The Claimant applies under section 288 of the Town and Country Planning Act 1990 (“TCPA 1990”) to quash a decision of the First Defendant (“the Secretary of State”), dated 21 st May 2014, to dismiss an appeal by the Claimant against refusal by the Second Defendant (“the Council”) of planning permission for a wind farm at Thornholme Field, between Driffield and Bridlington, East Yorkshire (“the site”).

The Council refused planning permission for the erection of 6 wind turbines at the site on 19 th December 2012, for the following reasons:

The turbines would cause unacceptable interference to the radar at a nearby RAF station.

The proposal did not accord with the Development Plan or the NPPF.

The site is located in the Yorkshire Wolds, designated as an Area of Landscape Protection in the Local Plan. The East Riding of Yorkshire Landscape Character Assessment (Landscape Character Type 13D) assessed the landscape as high quality with a high sensitivity to wind farm development.

The height, number and location of the turbines would introduce uncharacteristic vertical structures into a relatively unspoilt part of the Wolds. They would be visually dominant, detrimental to the landscape quality, visual amenity and rural character of the area.

Visual perception on the part of walkers, motorists and visitors to Burton Agnes Hall would be affected.

The impact on the setting of the nationally significant heritage assets at nearby Burton Agnes Hall (Grade 1 listed) would be harmful, introducing turbines within important views.

Benefits relating to the provision of renewable energy would not outweigh these adverse landscape and visual effects.

The Claimant appealed, and on 12 th March 2013, the Secretary of State decided to determine the appeal himself, pursuant to section 79 and paragraph 3 of Schedule 6 to the TCPA 1990.

An Inspector (Mr P. Griffiths) was appointed to prepare a report and recommendation for the Secretary of State. He held an inquiry, at which he heard evidence for and against the proposal, and he conducted a series of site visits. By the time of the inquiry the Ministry of Defence had withdrawn its radar objection, accepting that its concerns could be met by conditions, so the Council did not seek to maintain that reason for refusal.

The Inspector reported on 21 st November 2013, recommending that the appeal should be allowed and planning permission granted, subject to conditions. He concluded:

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