Barnes & Anor v Secretary of State for Communities and Local Government [2010] EWHC 1742 (Admin) (09 July 2010)

Barnes & Anor v Secretary of State for Communities and Local Government [2010] EWHC 1742 (Admin) (09 July 2010)

The inspector's decision was lawful as the planning permission, read as a whole, was limited to turbines of the size assessed in the environmental statement; there was no procedural unfairness as no application for disclosure of wind data was made; the noise conditions were reasonable and enforceable; the inspector was entitled to rely on the council's expert advice regarding ETSU compliance; the impact on field workers was considered and properly weighed; and safety was not a likely significant effect requiring assessment in the environmental statement.

Citation
[2010] EWHC 1742 (Admin)
Parties
Claimants: Rebecca and Brian Barnes; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: South Lakeland District Council; Third Defendant: H J Banks & Co Ltd
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application refused
Legal Topics
Environmental Impact Assessment (eia), Planning Permission, Renewable Energy, Noise Conditions, Procedural Fairness, Judicial Review
Planning Law Administrative Law Environmental Law Environmental Impact Assessment (eia) Planning Permission Renewable Energy Noise Conditions Procedural Fairness +1 more

Case Brief

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Parties

Rebecca and Brian Barnes

Claimants

Secretary of State for Communities and Local Government

First Defendant

South Lakeland District Council

Second Defendant

H J Banks & Co Ltd

Third Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the inspector's grant of planning permission for wind turbines was unlawful due to lack of conditions on turbine size/output
  2. 2 Whether procedural unfairness arose from non-disclosure of wind data
  3. 3 Whether noise conditions imposed were unlawful or unreasonable

Ratio Decidendi

The inspector's decision was lawful as the planning permission, read as a whole, was limited to turbines of the size assessed in the environmental statement; there was no procedural unfairness as no application for disclosure of wind data was made; the noise conditions were reasonable and enforceable; the inspector was entitled to rely on the council's expert advice regarding ETSU compliance; the impact on field workers was considered and properly weighed; and safety was not a likely significant effect requiring assessment in the environmental statement.

Court Disposition

Application refused