On 22nd-23rd July 2019, the Supreme Court will hear argument in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council UKSC 2018/0007. This will be the first case the Supreme Court hears in its first session sitting at the Welsh National Assembly in Cardiff.

For a summary of the background, see: https://www.supremecourt.uk/cases/uksc-2018-0007.html.

Resilient Energy was granted planning permission for a single wind turbine at Severndale Farm in Gloucestershire by the Forest of Dean District Council in 2015. The Council took into account in its determination of the planning application Resilient’s proposal to distribute 4% of the turnover derived from the wind turbine to the local community through a community benefit society. The grant of permission was challenged by a claim for judicial review brought by Mr Peter Wright, a local resident, and was quashed in the High Court on the ground that the council had unlawfully taken into account a matter which was not a material planning consideration.

The question for the Supreme Court is whether the proposed distribution of that turnover is a material planning consideration.

For the judgment of Mr Justice Dove: see https://www.bailii.org/ew/cases/EWHC/Admin/2016/1349.html.

For the judgments in the Court of Appeal, see: https://www.bailii.org/ew/cases/EWCA/Civ/2017/2102.html.

The hearings can be live-streamed at: https://www.supremecourt.uk/watch/video-on-demand.html.

Neil Cameron QC and Zack Simons act for Mr Wright. Jenny Wigley acts for Resilient Energy.

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