Oposition to the Gorsedd Bran windfarm planning development has finally paid off after the Appeal Court ruled that the original decision by Denbighshire’s Planning Committee to refuse permission was the correct one.
Now, three judges in the Appeals Court at Cardiff have overruled the decision of a High Court Judge – ruling that the Planning Inspector was right to refuse the original planning application for 13 wind turbine generators up to 125m in overall height.
From the start, five Community Councils objected to the development and Denbighshire’s planning committee voted to refuse the application. It was then referred to Full Council, who again voted to refuse it.
The applicant appealed and it went to a Public Inquiry which took place in October 2009. The Planning Inspector also refused it.
The applicant then appealed on the grounds that the Planning Inspector was in error.
In Mold in April of this year, a High Court judge found in favour of the applicant and as such, overruled the Planning Inspector’s decision.
Denbighshire, in conjunction with Welsh Ministers (acting as the body behind the Planning Inspectorate) sought leave to appeal. That right was given and last week in Cardiff, three judges in the Appeals Court ruled that the Planning Inspector was not wrong and that the appeal be dismissed.
Councillor Paul Marfleet, who worked with council officers on the appeal, said: “The land to which the application referred to is in my ward and this result means that local people who objected to this development have been able to see democracy and justice at work in this case”.
