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Lark Energy Ltd v. Secretary for State for Communities and Local Government

Pays/Territoire
Royaume-Uni
Type de cour
Nationale - cour supérieure
Date
Jui 20, 2014
Source
UNEP, InforMEA
Nom du tribunal
High Court of Justice of England and Wales
Siège de la cour
London
Juge
LINDBLOM
Numéro de référence
[2014] EWHC 2006
Sujet
Énergie, Terre et sols
Résumé

Lark Energy Limited challenged the decision of the Secretary for State Communities (Secretary) to dismiss its appeal of the refusal of the District Council to grant 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 scheme proposed on appeal 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 24 MW 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 24 MW scheme was in accordance with local council’s development plan. The court quashed the Secretary’s decision and remanded the case to him for redetermination.

Source:
http://www.lse.ac.uk/GranthamInstitute/litigation/lark-energy-ltd-v-secretary-for-state-for-communities-high-court-of-justice-queen-bench-division-2014/

Texte intégral
2006.html
Site web
www.bailii.org