Using the same sound measuring criteria that RES uses to define the noise impact from the proposed wind turbines, a shotgun fired every 6 seconds night and day would also be considered a "No Noise Nuisance".
Is there any wonder that we are demanding safeguards?
Legal and procedural rules require the challenge of the appeal decision to be made in an individual’s name. Noise issues were raised at the Public Inquiry by Mike Hulme and this gives him legal standing to challenge the Decision on noise grounds. He also raised other issues and in accordance with legal advice, a formal Claim naming Mike Hulme as Claimant and challenging the Decision on several grounds, has been lodged at the High Court.
The challenge issued seeks review of the Decision firstly because the Noise and ‘flicker’ Conditions set are imprecise and unenforceable. The other Grounds of Claim are that the Inspector failed to carry out a proper balancing exercise, as required under planning law, in reaching his decision and that there was procedural unfairness in the Inquiry process as information requested by Mike Hulme was not supplied. The Court’s view can be unpredictable but our solicitor’s advice is that the grounds for challenging the Noise Conditions are good and that the other grounds raise an important point of principle and have a reasonable chance of success.
The challenge has to be made by requesting Judicial Review of the planning Decision from the Secretary of State. This involves legal costs. We need to raise enough to cover the Secretary of State’s costs which we will be required to pay should the challenge be unsuccessful. The total required is about £35,000. If the challenge succeeds, our liability will be limited to our own legal and expert’s fees. We will also apply for costs (normally 70% to 90%). Unused donations will then be refunded, pro-rata.
Now the challenge has been made, we expect The Secretary of State and RES to file a defence - any time soon. After this date the matter may proceed to a hearing. To go that far, we URGENTLY need to raise more money. If we do not have adequate funds once a defence has been served and evaluated, there will be no other choice than to withdraw.
Spreyton Parish Council and DBVAG have backed this challenge with substantial donations and we have received encouraging support and personal donations of £500 to £1000 – but whatever you can donate will be gratefully received.
Please DON’T leave it to someone else and please DON’T leave it until too late. This is a time for individuals, groups and our communities to act together, standing up for their democratic rights.
If this challenge succeeds, unused donation will be returned, pro-rata. This challenge is the last chance we have to protect our community against intrusive noise AND our last chance to challenge a planning decision made in the face of overwhelming local objection & despite compelling arguments against.
A specific bank account, called Den Brook Judicial Review Fund, has been set-up for donations to support this challenge. Donations made out to “Den Brook Judicial Review Fund” can be sent directly to:
Nick Jewell, Lynderies, Heath, Spreyton, Devon, EX17 5AN, UK
The challenge issued seeks review of the Decision firstly because the Noise and ‘flicker’ Conditions set are imprecise and unenforceable. The other Grounds of Claim are that the Inspector failed to carry out a proper balancing exercise, as required under planning law, in reaching his decision and that there was procedural unfairness in the Inquiry process as information requested by Mike Hulme was not supplied. The Court’s view can be unpredictable but our solicitor’s advice is that the grounds for challenging the Noise Conditions are good and that the other grounds raise an important point of principle and have a reasonable chance of success.
The challenge has to be made by requesting Judicial Review of the planning Decision from the Secretary of State. This involves legal costs. We need to raise enough to cover the Secretary of State’s costs which we will be required to pay should the challenge be unsuccessful. The total required is about £35,000. If the challenge succeeds, our liability will be limited to our own legal and expert’s fees. We will also apply for costs (normally 70% to 90%). Unused donations will then be refunded, pro-rata.
Now the challenge has been made, we expect The Secretary of State and RES to file a defence - any time soon. After this date the matter may proceed to a hearing. To go that far, we URGENTLY need to raise more money. If we do not have adequate funds once a defence has been served and evaluated, there will be no other choice than to withdraw.
Spreyton Parish Council and DBVAG have backed this challenge with substantial donations and we have received encouraging support and personal donations of £500 to £1000 – but whatever you can donate will be gratefully received.
Please DON’T leave it to someone else and please DON’T leave it until too late. This is a time for individuals, groups and our communities to act together, standing up for their democratic rights.
If this challenge succeeds, unused donation will be returned, pro-rata. This challenge is the last chance we have to protect our community against intrusive noise AND our last chance to challenge a planning decision made in the face of overwhelming local objection & despite compelling arguments against.
A specific bank account, called Den Brook Judicial Review Fund, has been set-up for donations to support this challenge. Donations made out to “Den Brook Judicial Review Fund” can be sent directly to:
Nick Jewell, Lynderies, Heath, Spreyton, Devon, EX17 5AN, UK