North Cote Farms Ltd. v. Secretary of State for Communities and Local Government

Summary:

A local planning inspector in England denied an application to construct a wind turbine generator that would negatively affect Carnaby Temple, a nearby heritage asset. The applicant appealed, complaining in particular that the planning inspector improperly considered the effect the wind turbine would have on the view from the Temple, despite the fact that the windows of the temple were bricked up. The high Court of Justice affirmed the local authority’s decision on the basis that the Inspector was entitled to take into account the views from the Temple and to find that this and other negative impacts outweighed the wind turbine’s potential contribution to the government’s goal of reducing greenhouse gas emissions and addressing climate change.

At Issue: Appeal of rejection of permit to build a wind turbine generator that would impact the setting of a designated heritage asset in the vicinity