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COURT OF APPEAL FAILURE
1 February 1996
A would-be wind farm developer in Devon took its failed planning application all the way to the Court of Appeal in London -- and lost. In December three Court of Appeal judges upheld the decision against granting planning permission, made after a planning inquiry. West Coast Wind Farms had already challenged the inquiry inspector's decision twice in the High Court. The company claimed that after hearing its plans at a public inquiry, the inspector had not given due weight to government advice when balancing the need for renewable energy against his own views. These were that the visual impact of the wind farm was not outweighed by the benefits. The company has taken its battle to install 26 turbines at Fullabrook and Crackaway further than any other developer. The only recourse after the Court of Appeal would be the House of Lords, but solicitors for West Coast Wind Farms believe their clients will now accept that this is the end of the road for that particular scheme.
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