Rhoscrowther Wind Farm Ltd v The Welsh Ministers & Anor

The Inspector did not err in law; he properly considered the SPG, Enterprise Zone, and heritage asset significance, and applied the correct test for 'substantial harm' under Welsh planning policy.

Parties: Claimant: Rhoscrowther Wind Farm Limited; First Defendant: The Welsh Ministers; Second Defendant: Pembrokeshire County Council
Jurisdiction: England and Wales
Judgment Date: 09 June 2016
Procedural Posture: Judicial Review / Renewed Application for Permission
Outcome: Application refused
Legal Topics: Material Considerations in Planning, Heritage Asset Protection, Landscape and Visual Impact, Statutory Development Plans, Renewable Energy Policy

Planning Law Administrative Law Material Considerations in Planning Heritage Asset Protection Landscape and Visual Impact Statutory Development Plans Renewable Energy Policy

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Parties

Rhoscrowther Wind Farm Limited

Claimant

The Welsh Ministers

First Defendant

Pembrokeshire County Council

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether the Inspector erred in treating the Supplementary Planning Guidance (SPG) as immaterial
2 Whether the Inspector failed to consider the Enterprise Zone designation
3 Whether the Inspector failed to properly assess the significance of St Decumanus’s Church as a heritage asset

Ratio Decidendi

The Inspector did not err in law; he properly considered the SPG, Enterprise Zone, and heritage asset significance, and applied the correct test for 'substantial harm' under Welsh planning policy.

Court Disposition

Application refused

Orders

Permission to pursue the section 288 application is refused