Community to wait for rural turbine decision

A planned Bodham wind turbine has suffered a setback after a High Court ruling A planned Bodham wind turbine has suffered a setback after a High Court ruling

Sophie Wyllie sophie.wyllie@archant.co.uk
Friday, January 24, 2014
8:00 AM

A north Norfolk community will have to wait for a decision on whether a single wind turbine will be built after the planning saga was taken to High Court.

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North Norfolk District Council put in the challenge against a government planning inspector who approved the application to build the 86.5m structure at Pond Farm, Bodham.

It asked Mr Justice Purchas, sitting in London, to quash the inspector’s decision.

The judge has reserved his decision in the case following a day of legal argument on Wednesday.

He will give a judgment in writing at a later date but no date has been fixed.

In August 2012 the council’s development committee unanimously refused the turbine application by David Mack, part of the family-run firm Genatec.

A planning officer’s report concluded the turbine would harm the setting of historic assets including Baconsthorpe Castle, All Saints’ Church in Bodham, St Peter’s Church in North Barningham and Barningham Hall.

The inspector overturned the decision at a planning appeal in April last year.

He decided the combined effect on heritage assets would be “less than substantial” while there would be a large public benefit from renewable energy. He found the public benefits did outweigh the harm.

Challenging that decision in court, Estelle Dehon, representing the council, argued the inspector failed to give proper weight to the development plan for the area and failed to give proper reasons for departing from it.

Daniel Kolinsky, defending the decision on behalf of the Secretary of State for Communities and Local Government, claimed the inspector found the proposal did accord with the development plan overall, and the council’s argument to the contrary was “erroneous”.

The council’s cabinet decided to take the case to High Court in May last year.

Mr Mack said: “It is disappointing that the council did that because we felt the inspector’s report was well written and well thought out.”

7 comments

  • Just how much more of our Council Tax will be wasted on this HUGELY unwanted Greeniot lunacy??? I, for one, am getting really angry re this now. No-one wants this thing, except the subsidy suckers, of course, yet we all get to pay for the legal work. This must end, 3 years now, and all for a useless wind turbine which will only ever benefit its owners, at the expense of ALL utility bill payers.

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    Windless

    Friday, January 24, 2014

  • CB Ignoring completely, of course, that after the best part of 2 yrs of wrangling, the ORIGINAL NNDC decision was 100% unanimously against this hugely unwanted application.

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    Windless

    Friday, January 24, 2014

  • Mr Mack should withdraw the planning application forthwith, he would save the taxpayer a massive amount of money. Building a wind turbine in Bodham will have a devastating effect on tourism in North Norfolk.

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    Hugh

    Friday, January 24, 2014

  • CR There is NO practical reason to build this Greeniot idiocy at all. It will be an Enercon 800Kw turbine, in local winds (derived from the DECC website) it will be lucky to manage 180Kw, just enough to simultaneously charge the village mobile phones. Certainly of no known use to UKPLC power generation. What it will do, by selling what electricity it can manage to produce at 2 x the wholesale rate of electricity, to the National Grid (should any actually get there) is make money for the owners. This money comes from subsidy, paid by the Gov't to the owners of these things, the ONLY reason any are ever built at all, BTW. The subsidy is paid by ALL utility bill payers, rich or poor. So here we have those already in fuel poverty and those close to it, paying an already rich landowner for the "privilege" of getting some over-priced electricity, sometimes, that we simply do not need as a country. So, in a nutshell, it is NOT a WIND turbine, it is a MONEY turbine, as long as you are the owner!

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    Windless

    Friday, January 24, 2014

  • What a waste of money NNDC, just let them get On and build the thing.

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    Callum Ringer

    Friday, January 24, 2014

  • The tide is turning against this expensive - to the taxpayer and user - ineffective method of occasionally generating power. Now even the EU is starting to realise the folly of this sort of thing -no doubt in part due to the fact that energy costs in Europe are higher than our main competitors and are costing jobs. If these things are so good, stop the subsidies which mean so called 'green power' costs over twice as much as other forms of power generation.

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    andy

    Friday, January 24, 2014

  • More hot air from Windless - if only there was a way of harnessing it. Heshe is complaining about the costs of the legal appeal but that is arising because ot the opponents to the scheme. If NNDC had simply accepted the inspector's decision there wouldn't be a legal case to pay for.

    Report this comment

    Chris Booty

    Friday, January 24, 2014

The views expressed in the above comments do not necessarily reflect the views of this site

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