A MAN has failed to overturn plans for a 66-metre high wind turbine on a farm near his home in Notts.
Christopher Holding challenged Gedling Borough Council's decision to grant planning permission for the wind turbine in Woodborough Park, Woodborough, at a High Court hearing in London.
Mr Holder, who was one of 1,125 people who objected to the turbine on the basis of its impact on the landscape, noise and wildlife concerns, had hoped the judge would overturn the permission and order the council to reconsider the application.
However, the judge ruled that the council's planning committee – which voted in favour by ten votes to seven – was entitled to grant permission on the basis of a recommendation from a planning officer.
The planning officer had said that, whilst it would have a "major visual impact" for users of a nearby right of way, special circumstances including the economic benefits of renewable energy justified what would otherwise be an inappropriate development in the green belt.
Richard Harwood QC, representing Mr Holder, argued that the planning officer had wrongly informed the council members that a number of matters should not be treated as "material planning issues", including fears that the proposal would set a precedent for further turbines in the area.
Mr Harwood argued though that it was difficult to see how the council could refuse permission for other similar single-turbine proposals in the light of this permission.
However, the judge accepted evidence from the council officer that the granting of planning permission in this case would have "no precedent value" in other cases, because each application would be decided on its own merits, and future applications would have to be assessed in the light of their "cumulative impact" on the landscape.
He said: "In these circumstances, it appears to me that the advice or guidance given in relation to the specific application under consideration in respect of precedent was soundly based – indeed plainly correct."
Paula Darlington, corporate director at Gedling Borough Council said: "With any planning application the public have the right to have their say and to make their objections.
"In this case, the judicial review found that the process of determining the application was sound, so the original planning permission for a wind turbine at Woodborough stands and the challenges were dismissed."