Environmental Law Expert Hails ‘Common Sense’ Decision

Campaigners battling to prevent the erection of a wind turbine in the Pembrokeshire countryside over concerns of the impact it would have on the environment, history and tourism in region have welcomed the council’s decision to quash planning permission for the development.

Pembrokeshire County Council granted permission for the 27-metre turbine to be built on Vaynor Farm in Bethesda, Narberth in August this year, with the landowner in question already erecting the turbine despite the council’s agreement that it made mistakes in its decision to grant permission.

Campaigners contacted environmental law specialists at Irwin Mitchell who helped them challenge the plans on a number of legal grounds – including that:

• An Environmental Impact Assessment into the proposals should have been carried out
• No consideration was given to the impact the plans would have on the landscape’s history
• The location of the turbine did not follow guidelines on proximity to residential  property
• No consideration was given to the noise generated by the turbine

Now, the High Court has approved a “quashing” order consented to by the parties that on the basis that the impact that turbine would have on both conservation and the heritage of the area had not been considered properly.

The case is the latest in a series of challenges in which Irwin Mitchell’s specialist Public Law have helped local communities take action in relation to wind turbines, and follows similar legal cases in Powys and Anglesey.

Among those who objected to the Vaynor Farm wind turbine is Isobel Sutcliffe, 40, who lives within 250 metres of the proposed site of the turbine with her young family.

She said: “Living so close to the proposed site, we were hugely concerned about the impact that the noise of the turbine would have on our quality of life.

“However, we then further investigated the issue and felt the council had not done enough to consider the environmental and heritage aspects of the development, so decided we had no option but to take action on the matter.

“We are delighted that the High Court has urged the council to listen to reason and hope that lessons are learned from our case.”