Community Rejects Eyesore Wind Turbines

5th September 2016 By Arman Khosravi

Wind farms can be seen for miles around and their visual impact on nearby heritage assets can frequently prove decisive in planning terms. That was certainly so in one case in which proposals for five wind turbines within sight of a listed church were scotched by the High Court.

The church stood in a village which had been abandoned for more than 20 years following a catastrophic explosion at a nearby oil refinery. Although no longer serving a parish, the church was carefully maintained by a charity and was Grade I listed, along with a cross and schoolhouse within its grounds.

A company’s application to build five 100-metre high turbines nearby was rejected by the local authority and by a government planning inspector after a public inquiry. Although the relevant site was close to the refinery and within an enterprise zone, the inspector found that the development would cause substantial harm to the setting of the listed buildings.

In dismissing the company’s challenge to that decision, the Court found that it had been given a fair opportunity to put forward its arguments. The inspector had carried out a proper balancing exercise and it was for him, not the Court, to assess the level of harm to the listed buildings.

Source: Concious

Latest News

Award That Requires Borrowing Made Into Court Order

17th May, 2024 By

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in financial remedy proceedings can be made into court orders even if that would require one of the parties to borrow money. The couple had previously had a relationship lasting a few years before resuming their relationship in 2015. They had two children before separating again in 2019. Following their separation, the...

Inheritance Disputes – Costs Risks Can Be Reduced

15th May, 2024 By

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case illustrated. A man had left a farmhouse and agricultural land in Cornwall to his wife, with whom he had also jointly owned a neighbouring area of land. After his death, one of the couple's daughters and her husband claimed that he had told them he wanted them...

Share Rounding Error Does Not Prevent CGT Relief

13th May, 2024 By

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to Entrepreneurs' Relief on the disposal of his shares in a company, despite owning one share fewer than he needed to qualify for it. The investor had agreed to purchase 5 per cent of the shares in the company for £500,000. He wished to own...

Wife Entitled to Maintenance Until Sale of Family Home

10th May, 2024 By

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife that she should receive maintenance payments until the sale took place. The couple had married in 2006. Following a brief separation, they had reconciled for two years before finally separating in 2022. The husband and wife both contended that they should be entitled to about...