RWE Npower Renewables Ltd, R (on the application of) v Ecotricity (Next Generation) Ltd

RWE Npower Renewables Ltd, R (on the application of) v Ecotricity (Next Generation) Ltd

The Wind SPD was lawfully adopted as a supplementary planning document under regulation 5(1)(a)(iii) of the 2012 Regulations, but its 'Emerging Policy' prescribing minimum separation distances for wind turbines in excess of 350m from dwellings was in conflict with the adopted development plan (Policy D5), and thus its adoption was unlawful under regulation 8(3) of the 2012 Regulations.

Parties
Claimant: RWE Npower Renewables Limited; Defendant: Milton Keynes Borough Council; Interested Party: Ecotricity (Next Generation) Limited
Jurisdiction
England and Wales
Judgment Date
15 April 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed in part
Legal Topics
Supplementary Planning Documents, Development Plan Documents, Renewable Energy Policy, Judicial Review, Local Government Powers
Planning Law Administrative Law Supplementary Planning Documents Development Plan Documents Renewable Energy Policy Judicial Review Local Government Powers

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Parties

RWE Npower Renewables Limited

Claimant

Milton Keynes Borough Council

Defendant

Ecotricity (Next Generation) Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Wind Turbines Supplementary Planning Document (Wind SPD) was lawfully adopted as a supplementary planning document or should have been a development plan document
  2. 2 Whether the Wind SPD conflicted with the adopted development plan
  3. 3 Whether the Council failed to have regard to national policies and guidance issued by the Secretary of State

Ratio Decidendi

The Wind SPD was lawfully adopted as a supplementary planning document under regulation 5(1)(a)(iii) of the 2012 Regulations, but its 'Emerging Policy' prescribing minimum separation distances for wind turbines in excess of 350m from dwellings was in conflict with the adopted development plan (Policy D5), and thus its adoption was unlawful under regulation 8(3) of the 2012 Regulations.

Court Disposition

Claim for judicial review allowed in part

Orders

  • The Wind Turbines Supplementary Planning Document (Wind SPD) is quashed to the extent that its 'Emerging Policy' is in conflict with the adopted development plan.