The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Enquiry
We are extremely concerned to note Section 4.12 in Giles Scott?s letter to Martin Cole, RWE, that the impact of the windfarm on the 3 closest properties would interfere with the occupants rights to a private and family life and would contravene Article 8 of the Human Rights Act.
As one of the closest properties, I would be grateful if you could confirm which properties are referred to here, and what mitigating actions are recommended, and what course of action we have to challenge the decision.
Advice given
Paragraph 4.12 of the Secretary of State?s Decision refers to three of the four properties in close proximity to the development that were addressed in detail by the Examining Authority (ExA) in its report ( attachment 1. Post Decision Information/Decision/Examining Authority?s report to the Secretary of State.pdf ? see paragraphs 4.217 ? 4.237).
In regard to mitigation; paragraph 4.13 of the Secretary of State?s Decision states that he agrees with the ExA?s view, stated in paragraph 8.44 of the its report, that following appropriate consideration during examination of the proposed development, it is not possible to mitigate the impacts of the wind farm on the three properties in question because it is not likely that such mitigation would be effective. Furthermore, the ExA also explains in paragraph 4.208 that the impact on properties in close proximity to the development would fall to be weighed in the balance with the wider public benefits which the development is designed to achieve, advising that the visual impacts on residential amenity should be accepted in the light of the TAN 8 SSA policy (attachment 2).
There is no right of appeal on a decision under the Planning Act 2008 regime. There is however a 6 week period for judicial review, which began on the day the day the decision was published. Please refer to section 118 of the Planning Act 2008 (attachment 3) and seek legal advice if you are considering making an application for a judicial review. Please contact the Administrative Court Office for further information on 0207 947 6655 or follow this link:
attachment 4.
