This judicial review raises an issue about the consequences when information which by law is to be accessible to members of the public is not available in a timely fashion to enable them to participate effectively in democratic decision-making. I decide that a claimant in this position is entitled to have the decision quashed unless the decision-maker can demonstrate that it would inevitably have come to the same conclusion even if the information had been available. The issue arises in the context of an application to quash the grant of planning permission for the erection of a wind turbine at Brackenside Farm, Berwick-upon-Tweed, Northumberland. Another issue which arises in the course of the case is the interpretation of the concept of financial involvement, where in planning guidance financial involvement in a wind turbine can lead to a greater exposure to the noise it will generate if permission is granted to erect it.
Judges:
Mr Justice Cranston
Citations:
[2014] EWHC 3657 (Admin), [2015] PTSR 622
Links:
Jurisdiction:
England and Wales
Planning, Administrative
Updated: 23 March 2022; Ref: scu.538331