Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and others

Town and country planning – Permission for development. A planning inspector granted the appellant company planning permission for a four-turbine wind farm. The judge quashed that decision and the appellant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been correct in her conclusion that Parliament's intention in enacting s 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 had been that decision-makers should give 'considerable importance and weight' to the desirability of preserving the setting of listed buildings when carrying out the required balancing exercise and that the inspector had not done so.

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