Court of Appeal quashes wind turbine permission in Green Belt

Court of Appeal quashes wind turbine permission in Green Belt


CategoryNews Author Richard Harwood OBE QC Date

The Court of Appeal has quashed the grant of planning permission for a 66 metre wind turbine at Woodborough in Nottinghamshire in R(Holder) v Gedling Borough Council [2014] EWCA Civ 599. Overturning the High Court, Maurice Kay LJ held that the Council had acted unlawfully in considering that precedent, alternatives and the efficiency of the turbine were not material in deciding whether very special circumstances existed to outweigh the harm to the Green Belt and other harm.

The judges also rejected the developers’ argument that the permission should not be quashed because the turbine had been erected during the course of the court proceedings.

Richard Harwood QC appeared for the claimant.


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