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Title:
Jarrett v. Secretary of State for Communities and Local Government
Party:
United Kingdom of Great Britain and Northern Ireland
Region:
Europe
Data source:
Sabin Center
Court name:
High Court of Justice
Seat of court:
England and Wales
Reference number:
[2012] EWHC 3642
Abstract:
Community members challenged an Inspector’s decision to overturn the refusal of an application to erect a wind turbine. The applicants alleged that the Inspector had violated the Local Development Plan by allowing the project despite “significant adverse impact on recognized environmental assets.” The Inspector had found that while the proposed turbine would have a harmful effect on the character and quality of the landscape, it was not so significant as to outweigh the benefits of renewable energy and mitigation of climate change. The court found that the harm to the character and quality of the landscape and the outlook of neighboring properties constituted a significant environmental impact. Thus, the Inspector had erred by failing to identify that the development was not in compliance with the Local Development Plan. On this basis, the court upheld the appeal and quashed the Inspector’s decision.

Key environmental legal questions:

Application to quash decision approving construction of wind turbine
Notes:
Suits against governments; Renewable projects; Environmental assessment and permitting