Brownedoff:

The mail article was news down in the west country and on the telly at the beginning of June. Here is part of the press release.

Cornwall resident Peter Waller has been successful in his judicial review of Cornwall Council's decision to grant planning permission to Mr Pellow (his agent being Clean Earth Energy) for a wind turbine 77m to tip at Tredinnick Farm, Newquay TR8 4PW.
The Council consented to judgment and the Court sealed a Consent Order quashing the planning permission on 19 May 2015; the Council also agreed to pay Mr Waller's costs in the sum of £9,500.
The Council accepted that the grant of planning permission was unlawful on the following grounds:
(i) The planning application was invalid as there was a failure to include particulars of the pre-application consultation and the account taken of the consultation, contrary to Article 3B of the Town and Country Planning (Development Management Procedure) Order 2010;
(ii) The officer's report was inaccurate so the Council made unlawful errors of fact and failed to have regard to material considerations in considering that the proposed turbine would generate 1,834 MWh of electricity per annum when:
(a) The Council relied upon a figure produced by the planning applicant's agent shortly before the committee meeting, which contradicted their Environmental Statement;
(b) The planning applicant's figure was based on a mathematical error and was unachievably high;
(c) The Council failed to have regard to, or determine, the dispute as to whether the planning applicant's original figure was too high;
(d) The Council failed to have regard to the use of a lower powered (500kW) turbine in the scheme when a 900kW turbine would be the same size, so the benefit would be much less for the harm which the scheme caused;
(e) The Council referred to the UK’s 2020 renewable energy targets but failed to have regard to the fact that existing schemes and permissions meant that the UK and Cornwall targets would be met in any event;
(iii) In respect of listed buildings and scheduled monuments, the officer's report was inaccurate as:
(a) it failed to report to the committee the objection of English Heritage to the application so the planning committee were unaware of English Heritage's objection;
(b) it failed to report to the committee the concerns of the National Trust about the effect of the scheme on the setting of the Grade I listed Trerice House so the planning committee were unaware of the National Trust objection ;
(c) the Council failed to give considerable weight to such harm, contrary to section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Mr Waller said in a statement:
It has taken 9 months and an enormous amount of stress to achieve this result. At the age of 71 I had wished for better ways to spend my retirement, however wrongdoing by Cornwall council has now been proven, so I feel justified in calling for:
1. An apology and an assurance from Cornwall Council that their planning officers are unbiased towards both applicants and objectors and that disciplinary action will be taken against offenders of this principle.
2. An audit by central Government to ensure that Cornwall council planning office is fit for purpose.
3. A moratorium on all commercial renewable installations in Cornwall and a public debate to take place between policy makers and the residents subjected to these installations.
4. Cornwall Council to actively publicise their policy of increasing the turbines in the county from 400 to 4000 .
5. Our Government to remove subsidies on renewable energy, which are an unnecessary tax on society and only benefit wealthy landowners and marketers.

No surprise! Green energy subsidies spiral out of control