Successful Appeal By Irwin Mitchell Against Wind Turbine Development

Successful Appeal By Irwin Mitchell Against Wind Turbine Development

Irwin Mitchell represented a client who wished to challenge a planning inspector’s decision to grant planning permission for two wind turbines close to her house in Anglesey.

  
What were the plans?
The plans were for two turbines, of almost 40m in height, to be built within 400m of our client’s family house in Llandyfrydog. Our clients, along with a campaigning group, Anglesey Against Wind Turbines, had been campaigning for over a year to stop the plans.

What was the original decision?
Despite the size of the turbines,  the noise to nearby homes and the proximity to an Area of Outstanding Natural Beauty, the Isle of Anglesey County Council decided that an Environmental Impact Assessment was unnecessary. The Planning Inspector granted permission on 25 October 2012 without a public inquiry.

What was the judgement on appeal?
In his judgment, His Honour Judge Keyser, decided that the correct procedure had not been followed by the Inspector on whether an EIA was necessary. It was difficult to understand how the Inspector had reached his decision.

Following the appeal to the High Court in Wales by Irwin Mitchell, on behalf of our client, the decision to build the turbines was quashed.

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