Court of Appeal Judgement
Apr 25, 2012
Judgement for my Appeal in relation to the Den Brook Amplitude Modulation (AM) noise conditions was handed down by three Lord Justices at the Court of Appeal (CoA) last week, 26th May 2011.
Whilst on the face of it my appeal was dismissed, i.e. the Judges determined that the Inspector had not erred in law, the wider outcome was pretty much a total success; save only for the costs Barbara and I have necessarily endured over the past years.
Despite accepting [judgement para. 31]:
“There is no doubt, as indeed all counsel agree, that condition 21 is not easy to interpret. The meaning of the last sentence...is particularly opaque.”
And despite rejecting the respondents’ submissions [para. 33] and acknowledging that:
“The enforcement mechanism does not operate through the scheme adopted under condition 21.”
I have now been ordered to pay the Secretary of State's costs.
Clearly, it is a rather complicated situation and not helped by RES claiming ‘success’ simply because planning permission has not been quashed. That was not my intention.
In this manner RES, sadly, and as we have come to expect, are yet again avoiding the real concerns and issues addressed by my Appeal case.
Nevertheless, RES now have to meet the unprecedented and significant reduction of the noise limits in the event of Amplitude Modulation (AM) noise pollution from the wind farm.
In coming to their judgement the CoA has not only set in stone the parameters of the Den Brook AM noise condition but also cut off any further opportunities for RES (they have tried) to redefine those parameters through the 'scheme' required by the noise condition. It is exactly what I set out to achieve.
Hopefully, others will now be able to make use of, and benefit from, this AM noise condition precedent for their own cases.
For more details or a copy of the Judgement please email:
Thank you all very much indeed for your unstinting support throughout this admirably BBC2 depicted Wind Farm War.
This is not the end of the story. Please help us by donating whatever you can.
By electonic transfer to:
Account: Mrs B H & Mr M W Hulme
Account number: 30695912
Sort Code: 20-68-11
Or by cheque made to: ‘Den Brook Judicial Review Fund’ and send to:
Nick Jewell (Treasurer), Lynderies, Heath, Spreyton, Devon, EX17 5AN
All the very best
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