High Court quashes planning permission for 34m wind turbine

The High Court has quashed the planning permission given by Powys County Council for a 34m high wind turbine, it has been reported.

According to Irwin Mitchell, the lawyers for the campaigners who brought the judicial review, the ruling came after the council admitted that there was no indication of whether environmental information relating to the development had been taken into account.

Powys granted permission for the turbine in March 2014. Irwin Mitchell claimed that – before the final decision had been made by the council – the landowner in Glascwm had already built the structure.

Justin Neal, a specialist environmental lawyer at Irwin Mitchell representing the claimant, said: “Powys County Council had several chances to take into account the strong views of local residents and the statutory consultees such as Natural Resources Wales – but they still made serious mistakes in the process. 

“It is unacceptable that the turbine was effectively up and running before permission was granted and there were obvious legal flaws in the planning process.”

Neal added: “We are pleased that the court has agreed to quash the planning permission but we will need to see whether the turbine owner applies for planning permission again or whether the council will be taking enforcement action to remove the turbine.”