Howell & Ors v Stamford Renewables Ltd & Ors

Howell & Ors v Stamford Renewables Ltd & Ors

The inspector lawfully had regard to the statutory purposes under section 17A of the Norfolk and Suffolk Broads Act 1988, correctly applied the relevant development plan policies by giving greater weight to DM03 as the more specific and recent policy, adequately considered the turbine's energy output and noise issues, and gave sufficient reasons regarding listed buildings. No legal flaw was found in the inspector's decision.

Parties
Claimant: Howell; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Waveney Borough Council; 3rd Defendant: Stamford Renewables Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Renewable Energy, Statutory Interpretation, Noise Regulation, Heritage Protection, Landscape Impact, Development Plan Policy, Listed Buildings, Broads Statutory Duty
Planning Law Environmental Law Administrative Law Renewable Energy Statutory Interpretation Noise Regulation Heritage Protection Landscape Impact +3 more

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Parties

Howell

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Waveney Borough Council

2nd Defendant

Stamford Renewables Limited

3rd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning inspector misinterpreted his statutory duty under section 17A of the Norfolk and Suffolk Broads Act 1988
  2. 2 Whether the inspector misapplied development plan policies CS16, DM03, and DM27
  3. 3 Whether the inspector failed to have regard to the energy output of the turbine

Ratio Decidendi

The inspector lawfully had regard to the statutory purposes under section 17A of the Norfolk and Suffolk Broads Act 1988, correctly applied the relevant development plan policies by giving greater weight to DM03 as the more specific and recent policy, adequately considered the turbine's energy output and noise issues, and gave sufficient reasons regarding listed buildings. No legal flaw was found in the inspector's decision.

Court Disposition

Application refused