Planning And Environment Update: On the road to ruin or recovery?

How are planning applications for renewable energy projects dealt with, and why are such a high number the subject of intervention by the Secretary of State? Samantha Grange reports on the current state of play ‘Having regard to the 33 decisions issued to date, the Secretary of State’s refusal rate is a worrying 91%; just …
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Cases Referenced

  • Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & ors [2014] EWCA Civ 137
  • Eckersley v Binnie & Partners (1988) 18 Con LR 1
  • Flannery & anor v Halifax Estate Agencies Ltd [1999] EWCA Civ 811
  • Lark Energy Ltd v Secretary of State for Communities and Local Government & anor [2014] EWHC 2006 (Admin)
  • North Norfolk District Council v Secretary of State for Communities and Local Government & anor [2014] EWHC 279 (Admin)
  • R (Novalong Ltd) v Secretary of State for Communities and Local Government [2008] EWHC 2136 (Admin).
  • R (on the application of Ecotricity (Next Generation) Ltd) v Secretary of State for Communities and Local Government [2014] EWHC 2699 (Admin)
  • R (on the application of The Forge Field Society & ors) v Sevenoaks District Council [2014] EWHC 1895 (Admin)
  • RWE Innogy UK Ltd v Secretary of State for Communities and Local Government [2014] EWHC 4136 (Admin)
  • Save Britain's Heritage v Number 1 Poultry Ltd [1991] 1 WLR 153
  • Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government & anor [2014] EWHC 4041 (Admin)