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“Intolerable Harm” of Cumwhinton Turbines

Planning law solicitor Doug Claxton has helped local objectors defeat another attempt to erect wind turbines in North Cumbria.

Planning law solicitor Doug Claxton has helped local objectors defeat another attempt to erect wind turbines in North Cumbria.

The Head of Planning at Carlisle-based Burnetts represented a group of residents from Cumwhinton, a village south of the city where a planning application had been made by Bolsterstone Innovative Energy (Newlands) Ltd to erect a 100m wind turbine. The application had been refused by Carlisle City Council in November 2011. Bolsterstone had appealed the decision, but following a Planning Inquiry in May 2012, HM Planning Inspector Wendy Burden dismissed their appeal.

In her appeal decision, published on 28th June 2012, Ms Burden said that the proximity of the proposed turbine to some residential properties would “result in intolerable living conditions” and that the turbine would be “an overwhelming presence”.

Doug, who is accredited by the Law Society for this planning law expertise, “Usually we fight these appeals on the grounds of the impact on the landscape, but here the effect on properties close to the planned turbines would have been so oppressive that we focused our efforts on demonstrating that intolerable harm. This is a real success for a group of local people determined to protect their local village environment”

Published: Monday 9th July 2012
Categorised: Planning

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