Sullivan J. said that he would dismiss the judicial review of the decision to grant consent under s. 36 of the Electricity Act 1989 for one of the largest windfarms in the UK at Fullabrook, North Devon, and would give his reasons on Friday 27 June. The Inspector (and the Secretary of State) had found that although there were significant landscape and other impacts, they were outweighed by the substantial benefits in providing a source of sustainable energy.
The challenge to DBERR’s decision to grant consent was brought by North Devon DC alleging failure to consider landscape and noise issues properly and failing to consult on new material.
John Litton represented the Secretary of State. David Elvin QC and Graeme Keen represented Devon Wind Power.