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.
 EWHC 1349 (Admin)
Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)
England and Wales
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 . .
These lists may be incomplete.
Updated: 08 March 2021; Ref: scu.565395