High Court quashes grant of permission for onshore windfarm

01 Jan 2018

Planning and Environment

The High Court has quashed the grant of planning permission for a commercial scale windfarm on a site near Greatworth and Helmdon in the South Northants area.

Following a public inquiry held in May 2012, the Inspector had granted planning permission to Broadview Energy Developments Ltd. for the scheme (5 turbines 100m to blade tip).
South Northamptonshire Council successfully argued in s.288 proceedings that the Inspector had failed properly to apply the statutory duty under section 38(6) of the PCPA 2004.

The Council was represented at the inquiry and in the High Court by Asitha Ranatunga. Judgment was handed down on 15 January 2013.

A copy of the judgment is available here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2013/11.html&query=South+and+Northamptonshire+and+Council&method=boolean