Practice Areas

Tegni Cymru Cyf v (1) Welsh Ministers (2) Denbighshire County Council

William Norris QC and James Burton acted for Tegni Cymru Cyf in relation to its claim, brought pursuant to s.288 of the Town and Country Planning Act 1990, to overturn a decision of the Welsh Ministers refusing permission for a windfarm at Gorsedd Bran, in Denbighshire. The Welsh Ministers' appointed Inspector had refused permission following a public inquiry, with one of his main reasons for doing so being the noise effects that he considered the turbines would have. Mr Justice Wyn Williams, who heard the claim, upheld Tegni's complaint that the Inspector's reasoning in relation to noise was inadequate, and agreed that it might be the case that the Inspector had reached a conclusion regarding noise that was unreasonable in the Wednesbury sense - however the inadequacy of the Inspector's reasoning made it impossible to reach a conclusion there.

James Burton
William Norris QC

© Copyright 2010 Thirty Nine Essex Street All Rights Reserved.

Bar Mark