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Lark Energy Ltd. v. Secretary for State for Communities

Country/Territory
United Kingdom
Date
Jun 1, 2014
Source
UNEP, InforMEA
Court name
High Court of Justice
Seat of court
England and Wales
Reference number
[2014] EWHC 200
Abstract
Lark Energy Ltd. challenged the decision of the Secretary for State Communities (Secretary) to dismiss its appeal against the refusal of the District Council of its application for planning permission for the installation of a 24 MW solar farm. Lark Energy had been granted a permit for a 14 MW solar array but then appealed to increase the installation. The inspector found that the appeal scheme should be approved because the significant benefits, including increased renewable energy and decreased greenhouse gas emissions, outweighed the limited harm to the character and appearance of the countryside. However, the Secretary disagreed, finding that the harm to the character and appearance of the area caused by the appeal scheme was greater than the permitted scheme such that it outweighed the benefits. Lark Energy appealed the Secretary’s findings in the High Court of Justice alleging that the Secretary had failed to sufficiently consider local and national development policies. The court found that the Secretary had failed to fulfill his duty to consider whether the appeal scheme was in accordance with local council’s development plan. The court quashed the Secretary’s decision and remitted the case to him for redetermination.

Key environmental legal questions:

Appeal refusal of a permit to build solar farm
Full text
UK-Lark-Energy-2014-EWHC-2006.pdf
Website
climatecasechart.com