Planning permission was originally granted for a second wind turbine, measuring 45m to the tip, at West Thornber Farm in North Yorkshire in February 2015. However it soon became apparent that the wind turbine had been built in the incorrect location, rendering it unlawful. The Local Planning Authority issued an enforcement notice in February 2016 for its removal.
Fisher German and Thrings were brought on board as a fresh team to regularise the situation. An appeal was lodged with the Planning Inspectorate alongside the submission of a retrospective planning application to the Local Planning Authority.
Following the Government issuing a Written Ministerial Statement it has been difficult to obtain planning permission for on-shore wind turbine projects in recent years. It requires “the development site to be within an area identified as suitable for wind energy development in a Local or Neighbourhood Plan; and that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.”
As part of the retrospective planning application, Fisher German’s Planning Team organised a public consultation event at the site of the erected wind turbine and liaised with sub-consultants to prepare the supporting environmental reports to address technical issues such as landscape, ecology and noise.
The Local Planning Authority does not have any designated sites that have been identified as suitable for wind energy development in the local plan, therefore the first part of the written ministerial statement requirements could not be met. However the environmental reports addressed all technical matters raised in the objection letters and letters of support were received as part of the planning application, which led the local planning authority to conclude that the requirements of the written ministerial statement have been adequately addressed.
In November 2016, Members of the Planning Committee voted unanimously in favour of approving the application subject to the signing of a Section 106 Agreement which would revoke the previously approved planning consent. This would prevent another wind turbine being constructed in the location of the originally approved application. The approval of this application also avoids the potential disturbance and environmental harm that would happen if the turbine were to be taken down and re-erected in the previously approved location.
For further information contact Jenny Salt on 01530 567475 or email here