The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material consideration which it was lawful for the defendant to take into account when granting planning permission for the development to the interested party.
Held: The grant of permission was quashed. Dove J accepted that the community benefit fund donation did not serve a planning purpose, it was not related to land use, and it had no real connection to the proposed development.
Judges:
Dove J
Citations:
[2016] EWHC 1349 (Admin)
Links:
Statutes:
Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd CA 14-Dec-2017
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local . .
At Admn – Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.
Planning, Utilities
Updated: 08 September 2022; Ref: scu.565395
