PLANNING

Show all your working

Landmark legal wind turbine planning case involving South Northamptonshire Council proves the truth of the old school adage, write Jacqueline Backhaus and Tom Barton.

The importance of ‘showing your working' when solving a maths question is drilled into every schoolchild from an early age, but the case of Jane Margaret Mordue v (1) Secretary of State for Communities and Local Government (2) Aidan Jones (3) South Northamptonshire Council has confirmed that this principle remains equally true for planning inspectors considering cases where there is potential harm to listed buildings. 

In this case a ‘clear' decision was struck down for failure to demonstrate that ‘considerable weight' had been given to the potential harm to the setting of a listed building – even though the inspector found no evidence to suggest that 'considerable weight' had not been applied to the issue.

Permission had been granted on appeal for the erection of an 86-metre high wind turbine at Poplars Farm, South Northamptonshire.  As is often the case with wind turbine applications, there was considerable local opposition, leading to the formation of the Wappenham Wind Turbine Action Group, which was chaired by the claimant, Ms Mordue. 

SUBSCRIBE TO CONTINUE READING

Get unlimited access to The MJ with a subscription, plus a weekly copy of The MJ magazine sent directly to you door and inbox.

Subscribe

Full website content includes additional, exclusive commentary and analysis on the issues affecting local government.

Login

Already a subscriber?