The High Court has Rejected a s. 288 Challenge by RWE Renewables UK Swindon Ltd., Describing it as “Excessive Legalism”

RWE challenged an Inspector’s refusal to allow a DNS application for up to six wind turbines on land bordering the southern edge of the Bannau Brecheiniog National Park. Seven grounds were advanced including that the Inspector failed to consider the development plan as a whole, did not assess whether there were exceptional circumstances justifying the scheme, and acted irrationally by concluding that the project’s ecological benefits could not be realised because permission was being refused due to landscape impacts.

HHJ Jarman KC (sitting as a judge of the High Court) rejected all seven grounds, commenting that each ground displayed “the sort of excessive legalism against which the courts have repeatedly warned”. He concluded that: “Standing back, with an appropriate degree of benevolence, it is clear why the inspector refused planning permission notwithstanding the policy support for such development.” The Inspector had found unacceptable landscape harm to the National Park, including significant impacts from the iconic summits, including Pen y Fan.

Annabel Graham Paul acted for the successful Respondent, the Welsh Ministers.

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