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South Northamptonshire District Council V Secretary Of State (December 2012)


In this s.288 TCPA 1990 appeal, the Council challenged in the Administrative Court an Inspector's decision to grant planning permission for a commercial scale windfarm (5 turbines each over 100m) on land between Greatworth and Helmdon in the South Northants area. The grounds of the appeal were that the Inspector had failed properly to apply the statutory duty under s.38(6) Planning and Compensation Act 2004 and had failed properly to apply the statutory duties under the Listed Buildings and Conservation Areas legislation. HHJ Mackie QC sitting as a High Court Judge heard submissions during the course of one day.