Judge dismisses challenge against wind farm refusal

A wind farm developer has failed in its High Court bid to overturn communities secretary Eric Pickles' decision to refuse permission for proposals to erect six turbines on fields in Burton Agnes, Yorkshire.

Burton Agnes Hall (picture by David Ling)
Burton Agnes Hall (picture by David Ling)

Wind Prospect Developments had launched an appeal against a decision of East Riding of Yorkshire Council to refuse permission for a wind farm development originally consisting of nine wind turbines at Burton Agnes.

The proposals were subsequently reduced to a wind farm comprising six turbines in response to concerns raised by English Heritage and the council over the scheme's impact on a complex of designated heritage assets at Burton Agnes Hall.

Following a public local inquiry, an inspector recommended that the appeal be allowed.

But Pickles disagreed and dismissed the appeal. In a decision note issued in May, Pickles placed "considerable importance and weight on the harm caused to heritage assets and the conservation area".

Last week, judge Mrs Justice Lang dismissed Wind Prospect Development's judicial review against Pickles' decision.

Wind Prospect Developments had argued that Pickles was required to give adequate reasons for arriving at a different view from his inspector.
But dismissing the challenge, Mrs Justice Lang said: "There was nothing to suggest that this decision was based on anything other than proper planning reasons, with which the claimant (Wind Prospects) happens to disagree."
R on the Application of Wind Prospect Developments Limited v Secretary of State for Communities and Local Government & Anr. Case No: CO/3043/2014

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