MK wind turbine stance rejected

From the BBC - the courts rule against MK Council on setting a minimum distance for wind turbines - but offer some clues about how to approach this issue

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Milton Keynes Council turbine policy quashed at High Court

Wind farm plans are thrown out

A Milton Keynes Council policy to increase the minimum distance from homes that wind turbines can be built has been overturned at the High Court.

The council had a limit of 350m in its local plan, but later adopted a sliding scale of distance requirements according to turbine height.

Judge John Howell QC did not find the policy unlawful, but quashed it because it contradicted the earlier limit.

RWE npower renewables, which brought the challenge, "welcomed" the decision.

In a supplementary planning document (SPD) last July, the council decided if a turbine was over 100m high (328ft), the minimum distance from houses must be 1,000m (3,280ft) and even further if the turbine was higher.

The minimum distance would be 350m (1,148ft) if the turbine was 25m high (82ft).

In February, RWE npower renewables, which is trying to build two wind farms at Nun Wood and Orchard Way, brought a judicial review against the council to try and find the SPD unlawful.

Judge Howell ruled it was lawful for the council to set separation distances but decided, because the council already had a policy for minimum distance in its local plan, the SPD was contradictory and he quashed it.

Council leader Andrew Geary said it was "rather ironic" the planning document had been overturned on this point alone.

"Had we had no policy, we would have won," he said.

"Any authority that doesn't have a separation distance in policy should sit up and take notice of today's judgement."

He added, the council was expected to review its policy further.

RWE npower renewables said it was pleased the "buffer zone policy" had been overturned and it would continue to seek to work in partnership with the council.

Dr Wayne Cranstone said: "We welcome the clarity the court has brought to this matter, and we believe this will help both the wind industry and local authorities in determining appropriate policies for the siting of commercial wind farms."

ANALYSIS

Political Reporter: BBC Three Counties

The renewable energy industry has welcomed this ruling.

Renewables UK, the body representing the industry, says this could have wider significance for wind energy companies because there are at least ten councils around the UK with so-called "buffer zones" in place.

Councils should also take note.

The judge said because Milton Keynes Council's emerging core strategy had already stipulated a distance, a supplementary planning document would not have precedence.

Leader Andrew Geary said the message to other councils is "if you haven't set a distance, then don't bother" - the council would not have lost if its core plan had avoided mentioning any distance.