United Kingdom

Pugh v. Secretary of State for Communities and Local Government (High Court of Justice Queen's Bench Division Planning Court, 2015)

Jurisdiction: United Kingdom


Side A: Richard Hackett Pugh (Individual)


Side B: Secretary of State for Communities and Local Government (Government)


Side C: Cornwall Council (Intervening party)


Core objectives: Appeal of permit to build a wind turbine generator that would impact the settings of Scheduled Ancient Monuments and Listed Buildings in the vicinity


Summary
A local planning authority in England denied an application to construct one wind turbine generator that would negatively affect nearby heritage assets. The applicant appealed, and the Planning Inspector reversed the local authority's decision on the basis that "the benefits of the scheme, including the public benefits to be derived from tackling climate change out weigh the limited harm to the character and appearance of the area." The claimant appealed to the High Court of Justice Planning Court, which affirmed the judgment of the Planning Inspector, finding that the Inspector had adequately explained his reasoning and that he was entitled to place "considerable value" on the climate change benefits of the scheme.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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