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(1) BENACRE ESTATES CO (2) GISLEHAM PARISH COUNCIL v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) WAVENEY DISTRICT COUNCIL (3) SEA & LAND POWER & ENERGY LTD

A decision letter, in which an inspector granted planning permission with conditions for the construction and operation of two wind turbines and the associated infrastructure on land in Norfolk, was adequate for its purpose and gave sufficient reasons on the main issues in dispute.

28 April 2009

The applicants applied to quash a decision letter in which an inspector granted planning permission with conditions for the construction and operation of two wind turbines and the associated infrastructure on land in Norfolk. The applicants were a landowner and the local parish council whose area was adjacent to the site of the proposed turbines. The site was close to but not within the Broads National Park and the Suffolk Coasts and Heaths Area of Outstanding Natural Beauty. The inspector considered the planning policy both nationally and in the development plan and the visual impact of the proposal on the National Park and Area of Outstanding Natural Beauty. He recognised the proximity to the boundary of an Area of Outstanding Natural Beauty as a material consideration and also a policy prohibition in the interim local plan on potentially intrusive development on the site. The plan policy included a caveat that development would not be permitted unless it could be shown that there...

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