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 community.
Held: The appeal failed.
Davis LJ gave a short concurring judgment to emphasise that the question was not whether the proffered benefits were desirable, but whether in planning terms they were material and whether they satisfied the criteria of materiality
Judges:
McFarlane, Davis, Hickinbottom LJJ
Citations:
[2017] EWCA Civ 2102
Links:
Statutes:
Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)
Jurisdiction:
England and Wales
Citing:
Appeal from – Wright, Regina (on The Application of) v Forest of Dean District Council and Another Admn 9-Jun-2016
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 . .
Cited by:
Appeal from – 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
Updated: 13 September 2022; Ref: scu.601461