Permission had been granted for a windfarm, subject to a complex group of conditions, designed to mitigate noise, including (as it was described) ‘blade swish’. Condition 20 required the operator, in the event of a complaint from a local resident, to employ a consultant to assess whether the noise emissions at that dwelling exceeded the expected levels, by reference to levels specified in the condition.
Held: The condition was obscurely drafted, and failed to indicate clearly what was to happen next, but having regard to its obvious purpose and to the scheme of the conditions as a whole, Elias LJ interpreted it as imposing an obligation, running for the duration of the permission, to comply with the specified levels, subject to enforcement by the planning authority in the normal way.
Judges:
Mummery, Elias, Patten LJJ
Citations:
[2011] EWCA Civ 638
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Telford and Wrekin Council v Secretary of State for Communities and Local Government Admn 29-Jan-2013
Permission had been granted for use of a building as a garden centre subject to a condition in these terms: ‘prior to the garden centre hereby approved opening, details of the proposed types of products to be sold should be submitted to and agreed . .
Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 13 September 2022; Ref: scu.440182
