[2009] EWHC 1729 (Admin)

The High Court has recently rejected a local authority’s appeal against a grant of planning permission for a wind turbine facility close to a national park. The court held that the planning inspector was not compelled to consider alternative sites. National renewable energy policy was also a matter to be balanced against any harm the planning proposal might cause.

The Government’s Renewable Energy Strategy indicates that wind power will become a major contributor to renewable energy resources in the UK. It is probable that further wind turbines will be situated close to national parks and conservation areas. The courts have indicated that the benefi ts and disadvantages of such proposals be weighed. However, they are clearly not reluctant to judge the balance in favour of renewable energy developments