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Hargreaves v Secretary of State for Communities and Local Government

Country/Territory
United Kingdom
Type of court
National - higher court
Date
Aug 2, 2011
Source
UNEP, InforMEA
Court name
High Court
Seat of court
London
Judge
Pelling
Reference number
[2011] EWHC 1999 (Admin)
Language
English
Subject
Energy, Legal questions
Keyword
Renewable energy Energy conservation/energy production
Abstract
The Administrative Court has dismissed a challenge to a planning permission granted on appeal for the erection of two 125m tall wind turbines. The main points in the challenge alleged that(i) the Secretary of State had erroneously concluded that the development did not require Environmental Impact Assessment, (ii) the Inspector should have referred that issue back to the Secretary of State before determining the appeal, and (iii) the development required Appropriate Assessment under the Habitats Directive and Regulations, because of the effect of the scheme upon the Morecambe Bay Special Protection Area. The challenge was rejected on all grounds.
Full text
COU-159741.pdf