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Challenge to wind farm development in UK High Court quashed

  • United Kingdom

    21-01-2013

    Global law firm Eversheds has advised RES UK & Ireland Limited in its successful defence of a statutory challenge to planning permission granted for its proposed wind farm development known as “Jack’s Lane” in North-West Norfolk.

    The challenge, which also involved a nearby wind farm development proposed by E.ON, was brought by two action groups who resisted both planning applications at the Inquiry stage. The groups sought to quash the decision to grant planning permission for both developments on cultural heritage grounds.

    The Eversheds team was led by Partner Will Densham and Senior Associate Kate Poole. Gordon Nardell QC from 39 Essex Street was instructed in relation to the trial. An expedited hearing of the claim was secured in order to minimise the delay and uncertainty on the project. Despite the Secretary of State withdrawing from the proceedings, and agreeing to the permission being quashed a week before trial, RES continued to defend the claim at the hearing in December.

    Kate Poole commented:

    “The decision of the High Court to dismiss the claim and uphold the planning permission was welcomed by both RES and Eversheds as being the right result obtained in difficult circumstances, and vindicated RES’s decision to continue despite the Secretary of State’s withdrawal.”

    RES project manager Helen Wilson said:

    “We are very pleased with the decision, which supports the Planning Inspector’s view at the inquiry last year. We are absolutely confident that the wind farm will be a positive asset to people living around it.”

    Disclaimer

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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