No5 successful in decision that saw secretary of state dismiss appeal for wind farm

This was a recovered decision by the secretary of state. Two local planning authorities resisted the appeal in light of the fact that the proposed development straddled the boundaries of each. Jack Smyth of No5 Chambers represented South Holland District. It advanced a narrow case based upon a single reason for refusal on the ground that the wind turbines were located so close to a dwelling (the Birches) that it would cause an oppressive and overwhelming impact on the residents’ amenity.

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