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Judicial review of wind farm planning permission dismissed except for declaration on late publication of ecologist’s report
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The High Court largely dismissed a judicial review challenging a planning authority’s decision to grant permission for a wind farm and associated grid connection, rejecting over 130 grounds raised by local opponents including claims about procedural defects, impacts on property rights, road safety, noise, and environmental assessment. The only relief granted was a declaration that there had been a statutory breach due to the delayed publication of an ecologist’s report after the decision, but the court found this was not grounds for quashing the permission. The court emphasised that minor administrative errors post-decision do not invalidate a planning consent and that applicants have to meet exacting standards in pleading and evidence to overturn such consents. Costs were awarded in a manner reflecting the parties’ conduct and the partial admission of error.
judicial review – wind farm development – planning permission – environmental impact assessment – appropriate assessment – public participation – property rights – procedural fairness – Planning and Development Act 2000 – delay in publication – environmental law – Section 146 of Planning and Development Act – Aarhus Convention – declaration – certiorari – costs orders – statutory procedural error
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