Three large organisations take legal action against granted planning permission

Posted: 02/05/2012

In March 2012, planning permission was granted to allow four 126.5m wind turbines to be erected only a mile away from an Elizabethan garden and a Grade I listed building.

After the first proposal was declined by the local council, the development was given the green light after a second appeal which has caused English Heritage, the National Trust and East Northamptonshire Council to proceed with a joint High Court case.

The location of the proposed wind turbine site is within the landscape of the Lyveden New Bield site, which was illustrated by the planning inspector who approved the proposal for the turbines as ‘probably the finest example of an Elizabethan garden.’

It is very unusual for the National Trust and English Heritage to take legal action relating to a planning issue and it is the only time that East Northamptonshire Council have taken High Court action relating to the issue.

Fiona Reynolds, the general director of the National Trust spoke to The Planning Portal and said, ‘The decision to allow a development of this size so close to one of the country’s most treasured historic places is both damaging to Lyveden New Bield and could have serious implications for other heritage sites across the UK.’

Simon Thurley who is English Heritage’s Chief Executive, also spoke to the Planning Portal and said, ‘This decision is highly unusual and must not be allowed to become the benchmark for future wind-energy developments.’

Steven North, the leader of East Northamptonshire Council added, ‘East Northamptonshire Council is committed to the use of renewable energy sources wherever it is practicable but not to the detriment of the historic landscape.’

The joint party started legal proceedings on the 23 April under section 288 of the Town and County Planning Act 1990.

What are your thoughts on the legal action being taken due to the granted planning permission for the wind farm? Do you agree that the three organisations are right to preserve historic sites or do you believe that the wind farm won’t affect the Grade I listed building and renewable energy is more important.

Amanda McGovern, Pali Ltd
www.paliltd.com

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