Reeves Hill Windfarm - the current state of play
What Hereford Council is doing:
As you will remember, on 12 Feb. 2009, Herefordshire Council voted in favour of approving the proposal to build a windfarm on Reeves Hill. However, formal planning consent has not yet been issued. There are several reasons for the delay:
1. The Council are taking legal advice as to whether proper procedure had been properly followed with regard to the compensation scheme agreed between the Developers and the Council under Section 106 of the Town and Country Planning Act 1990 and covering (so called) 'enhancement' of landscape and biodiversity and 'mitigation' of the damage caused by the windfarm.
2. The Council are also checking the legality and enforceability of the conditions regarding noise that were contained in the Planning Officers' report to the Council.
3. Powys Council have not yet granted planning consent for the Llanshay Lane access track. Without this consent, Herefordshire Council cannot grant consent to the windfarm itself (this is the 'Grampian condition' attached to a decision notice that prevents the start of a development until off-site works have been completed on land not controlled by the applicant). In addition, details have yet to be finalised regarding the Section 106 agreement to ensure a satisfactory highways management plan during construction on site.
What SHCG is doing:
On 06 March 2009, SHCG's Solicitors, Richard Buxton Environmental and Public Law, notified Herefordshire Council of the possibility of our lodging a claim against them. If and when the Council issues a decision notice granting planning consent, our solicitors will write a 'preaction protocol letter'. This sets out our case in outline, invites a response from the Council and allows us formally to request disclosure of information. Subject to legal advice, we will then issue our claim. The Council and Developer then have three weeks to put in their initial defences. These and our own papers are then put before a High Court judge who decides whether to give permission for judicial review. Assuming that permission is granted, the case will then go on to judicial review to be determined by the High Court.
Have no doubt about it, SHCG will indeed press for judicial review. At this stage we believe that we have a strong case against the Council and Developers. Our confidence is increased by the recent High Court judgement against Shipdham windfarm which suggests that, on the grounds of noise alone, Reeves Hill Windfarm will not pass muster. Then there is the section 106 Agreement on landscape, maladministration by Herefordshire Council and more besides.
With this in mind, SHCG is now actively raising funds to cover our legal costs. We would ask two things of you; 1. to contribute as much as you can yourself; 2. to raise contributions from at least five other people known to you.
The usual costs of these various stages are set out on the "Funding" section of Richard Buxton's website under "judicial review costs estimates" www.richardbuxton.co.uk
For means of making donations please refer to the Info page. We would ask you to give as generously as you possibly can. Legal proceedings are expensive but we are already making good progress towards meeting our targets. With your continued support we can and will stop this proposal dead.
Dr. Stephen Hugh-Jones, Chairman, SHCG, Date 06/2009
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The Stonewall Hill and Reeves Hill Conservation Group has been set up to co-ordinate actions and protect the tranquillity of Stonewall and Reeves hill which are under threat from wind power station developers. We welcome the establishment of renewable energy in suitable locations but this is a highly visible site perched at 400m (1300ft) on the Border between England and Wales and next to a road well-used by locals, sight-seers and walkers. Its forecast output of 25% of 10MW capacity does not justify the damage to the surrounding countryside.
The nearest properties are c700m (765 yards) from, and 200m (650ft) below, the tips of the turbines. Apart from the towering visual impact, occupants may be affected by noise and flicker impacts which in some areas have driven people from their home.
Those unfortunate to live too close to the 100M (330ft) turbines may be affected by excess noise pollution and flicker. In some areas, residents have been driven from their homes. Many other countries place strict limits on the distance a wind turbine can be from your home. In France, for example the turbine must be at least 1.5Km from your home but here it is only 500m!
The turbines would be bigger than any yet built in the countryside of Wales or the south-western half of England, and more than twice the height of those built at Llandinam, south of Newtown. That’s taller than Big Ben or a 30 storey tower block. They would be visible as moving structures for miles around from hills and valleys on both sides of the Border. Users of the Offa’s Dyke Path would have repeated views, notably from Hawthorn Hill and the Green Price Memorial.
If you wish to join our group and help save our rural environment from inappropriate development, then please complete the form below. You will receive regular updates as developments happen.
If you wish further information regarding wind turbines please visit http://www.countryguardian.net/
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