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Jarrett v. Secretary of State for Communities and Local Government

Reporter Info: [2012] EWHC 3642
Status: Successful
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Renewable projects
Jurisdictions:
  • United Kingdom
    • England and Wales
      • High Court of Justice
Principal Laws:
  • United Kingdom
    • Town and Country Planning Act 1990 (England and Wales)
Summary:

Community members challenged an Inspector’s decision to overturn the refusal of an application to erect a wind turbine. The applicants alleged that the Inspector had violated the Local Development Plan by allowing the project despite “significant adverse impact on recognized environmental assets.” The Inspector had found that while the proposed turbine would have a harmful effect on the character and quality of the landscape, it was not so significant as to outweigh the benefits of renewable energy and mitigation of climate change. The court found that the harm to the character and quality of the landscape and the outlook of neighboring properties constituted a significant environmental impact. Thus, the Inspector had erred by failing to identify that the development was not in compliance with the Local Development Plan. On this basis, the court upheld the appeal and quashed the Inspector’s decision.

At Issue: Application to quash decision approving construction of wind turbine
Case Documents:

No case documents are available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.