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Title:
Hargreaves v Secretary of State for Communities and Local Government
Party:
United Kingdom of Great Britain and Northern Ireland
Region:
Europe
Type of document:
National - higher court
Date of text:
August 02, 2011
Data source:
InforMEA
Court name:
High Court
Seat of court:
London
Justice(s):
Pelling
Reference number:
[2011] EWHC 1999 (Admin)
ECOLEX subject(s):
Legal questions
Energy
Abstract:
The Administrative Court has dismissed a challenge to a planning permission granted on appeal for the erection of two 125m tall wind turbines. The main points in the challenge alleged that(i) the Secretary of State had erroneously concluded that the development did not require Environmental Impact Assessment, (ii) the Inspector should have referred that issue back to the Secretary of State before determining the appeal, and (iii) the development required Appropriate Assessment under the Habitats Directive and Regulations, because of the effect of the scheme upon the Morecambe Bay Special Protection Area. The challenge was rejected on all grounds.