Landmark wind farm ruling overturned after court finds planning inspector acted ‘beyond her powers’

The Court of Appeal has overturned a landmark High Court ruling, finding that a planning inspector acted "beyond her powers" in allowing a variation to the planning conditions attached to a wind farm.

Carmarthenshire County Council approved the development of a wind farm subject to 22 conditions, including a 100-metre restriction on the tip height of the turbines. In August 2016, the developer, Energiekontor, applied to the council under section 73 of the Town and Country Planning Act 1990 for the removal of that condition and put up taller 125 metre turbines. 

The council refused the application, but Energiekontor successfully appealed to a planning inspector, who granted permission for the taller turbines. A challenge to the inspector's decision was brought by professor John Finney, but the planning permission was upheld by the High Court in a landmark judgment last November.

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