Appeal and Public Inquiry
Public Inquiry took place end July, early August 2009
The Public Inquiry on the Earl's Hall wind turbines commenced on Wednesday 29th July, and finished on 5th August, followed by a series of accompanied site visits on 6th August. The venue was the Council Chamber at Tendring District Council's, Weeley offices (Thorpe Road, Weeley, Clacton-on-Sea Essex CO16 9AJ).
STAPLE delivered its proof of evidence to the Inquiry, with its case predicated mainly on Visual and Noise issues, which we felt had been dismissed by the developer. In particular we are concerned that the residential amenity of large numbers of people who live in close proximity to the turbines (identifying 327 residences within 1000m), is under threat.
You can read our proofs of evidence by clicking below on the various different sections:
Supplementary Proof of Evidence
As a "Rule 6 Party", STAPLE had been entitled to participate actively in the Inquiry. The campaign group had already submitted its Statement of Case. This contained the arguments that we propose to support the case for refusal. These are concentrated on: 1) unsuitability of site, 2) visual amenity, 3) noise, 4) danger of injury to those in vicinity, 5) excessive "cumulative effects", 6) aviation and radar issues. Not all of the aforementioned were used as part of STAPLE's final Proof of Evidence.
The Inquiry took place in public with cross examination of experts and witnesses in the presence of an Inspector, and also site visits where necessary. At the end of the Inquiry period, there was a summing up, with the Appeal decision itself expected in late September.
History of application prior to Appeal
On 27th October, Npower Renewables lodged its appeal with the Planning Inspectorate to attempt to overturn the unanimous decision (16-0 on 19th June) by Tendring District Council to refuse planning permission for the project to install 5 x 125m turbines at Earl's Hall Farm, to the West of Clacton-on-Sea. The developer's press release announcing its attention to appeal can be see by clicking here. According to Npower Renewables, the related Public Inquiry may be held as early as Spring 2009.
Please click here to read why Npower considers that there is a reason to appeal the decison by Tendring District Council to refuse planning permission (by a unanimous 16-0 vote).
On 16th December, the Planning Inspectorate granted STAPLE Rule 6 (6) status under the Town & Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000. This provides our campaign group with official recognition as a party that will be involved in the Public Inquiry, and will grant us access to all the documentation and reasoning behind the case of the Apellant, as well as that of those defending the refusal (ie the Council).
The granting of Rule 6 (6) status requires STAPLE to submit a "statement of case" which should:
1) contain full particulars of the case we propose to put forward at the inquiry;
2) contain the arguments (planning and legal) that we intend to put forward at the inquiry;
3) describe, but not necessarily contain, the evidence, and possibly cite the statutory provisions and case law, that we intend to call in support of our arguments;
4) include a list of all the documents that we intend to rely on when presenting our case at the inquiry and refer to in our proofs of evidence.
As a "Rule 6 Party", STAPLE is entitled to participate actively in the Inquiry. Once the date is set, STAPLE will ensure that Witness Statements are submitted to the Planning Inspectorate. These will, in turn be used at the Inquiry. Our campaign group has already submitted its Statement of Case, in accordance with the above stipulations. This contains the arguments that we propose to support the case for refusal. These are concentrated on: 1) unsuitability of site, 2) visual amenity, 3) noise, 4) danger of injury to those in vicinity, 5) excessive "cumulative effects", 6) aviation and radar issues.
The Inquiry will take place in public, probably over a 4-day week, with cross examination of experts and witnesses in the presence of an Inspector, and also site visits where necessary. At the end of the Inquiry period, there will be a summing up, followed eventually by the Appeal decision itself, weeks or sometimes months later.