The Court of Appeal today gave judgment in R (Finn-Kelcey) v Milton Keynes Council [2008] EWCA Civ 1067. The Court dismissed the appeal against Collins J’s refusal of permission to seek judicial review of the Council’s decision to grant planning permission for the construction of seven wind turbines in Olney, Buckinghamshire. The Court held that technical wind speed information which was referred to in documents on the planning file was available to objectors, and that there had been no breach of a Directive 2003/35/EC. It was also held that Collins J was correct to refuse permission on the basis that the claimant had not brought his claim promptly in circumstances where proceedings were brought just within three months from the date of the decision.

David Elvin QC and Richard Turney acted for Milton Keynes Council in the Court of Appeal. David Forsdick acted for the Council at first instance.

John Litton acted for the Interested Party, MK Windfarm Limited.