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Macarthur v. Secretary of State for Communities and Local Government

Reporter Info: [2013] EWHC 3
Status: Dismissed
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:

Petitioners challenged the local council’s denial of planning applications for the construction of two wind farms on the grounds that the harm from visual and character impacts outweighed the proposals’ modest contribution to climate change mitigation. The Inspector heard the appeals jointly and overturned the council’s decisions. Taking into account recently adopted policy schemes that encouraged renewable energy, especially to address climate change, the Inspector found that the benefits substantially outweighed visual, character, and sound impacts.

Informal citizen groups challenged the Inspector’s decisions in the High Court of Justice alleging that the decisions were based on material error of fact and the Inspector’s reasoning was inadequate. The court rejected both arguments and upheld the Inspectors approval of the wind farm.

At Issue: Challenge planning permission for the construction of two wind farms
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.