East Northamptonshire District Council has won a legal challenge in the High Court over a planning inspector’s decision to allow on appeal a four-turbine wind farm earmarked for a site one mile from a Grade l listed building.
The challenge was mounted jointly with the National Trust and English Heritage who were both concerned about the impact of the development on the setting of the listed property, Lyveden New Bield, a National Trust 17th Century lodge which has one of the finest surviving examples of an Elizabethan garden in the country.
The district council initially refused permission for the four 126.5-metre turbines but the developer successfully appealed last year, prompting the legal challenge.
At the High Court Mrs. Justice Lang said the inspector failed properly to interpret and apply the relevant planning policies on the effect of development on the setting of heritage assets, which meant that the balancing exercise was flawed.
The leader of East Northamptonshire Council, Steven North, said: ‘This is great news for Lyveden New Bield as its character and natural beauty can continue to be enjoyed uninterrupted.
‘We believe that there is a case for wind power as part of a balanced response to our future energy needs but applications such as this need to pay due regard to the beauty and tranquility of our unique landscapes.’
English Heritage’s chief executive, Simon Thurley, said: ‘We brought our joint challenge because we felt the inspector’s decision did not strike a proper balance between the conservation of outstandingly important historic sites and wind energy.
‘We very much welcomed the Government’s earlier concession that the decision lacked adequate reasoning and we now welcome the judgment that the inspector failed to give ‘proper effect’ to the statutory duty to have special regard for the setting of listed buildings.’
English Heritage writes:
Had the planning permission remained in place, four 126.5 metre wind turbines would have been built within the setting of the Lyveden New Bield site.
Simon Thurley, English Heritage Chief Executive said ‘We are very pleased with the judgment. We brought our joint challenge because we felt the Planning Inspector’s decision did not strike a proper balance between the conservation of outstandingly important historic sites and wind energy. The effect of the proposed turbines on one of the most important, beautiful and unspoilt Elizabethan landscapes in England would be appalling. This is why we pressed this case. We very much welcomed the Government’s earlier concession that the decision lacked adequate reasoning and we now welcome the judgment that the Inspector failed to give ‘proper effect’ to the statutory duty to have special regard for the setting of listed buildings’. We very much hope that this will be the end of the matter.’
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