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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> McDonald, R (on the application of) v Carmarthenshire County Council [2016] EWHC 1162 (Admin) (17 February 2016) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2016/1162.html Cite as: [2016] EWHC 1162 (Admin) |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
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THE QUEEN ON THE APPLICATION OF MCDONALD | Claimant | |
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CARMARTHENSHIRE COUNTY COUNCIL | Defendant |
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Mr M Edwards (instructed by Carmarthenshire County Council) appeared on behalf of the Defendant
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Crown Copyright ©
"I was very upset and disappointed because I had been denied the opportunity to present my objections in person to the planning committee members. Had I been able to attend the meeting I would have been able to contribute to the decision and, I would hope, persuade the committee not to grant planning permission."
He also adds this:
"I could have contributed to the point raised by Councillor Joy Williams on whether there was anything less than 500 metres away from the turbines owned by the applicant as I believe this was not dealt with properly. This is because the case officer should have specified that the applicant's dwelling is not the only dwelling less than 500 metres away from the proposal as my property is only 379 metres away from the proposed turbine."
"Notwithstanding this the proposal is in close proximity to bat sensitive habitats and accordingly the Council's Planning Ecologist has requested a bat survey.
The submitted survey shows evidence of low activity in the vicinity of the site. Notwithstanding this the best bat practice guidance on the assessment of bats requires further survey work to justify that the low activity is reflected in other seasons of the year. The applicant has chosen not to submit the additional survey information; therefore the Council's Planning Ecologist advises that a curtailment condition is imposed on the application."