Hashi Mohamed, acting on behalf of Lincolnshire County Council, appeared in an appeal against a decision of East Lindsey District Council to refuse planning permission for the installation and operation of a wind energy scheme comprising of 9 wind turbines and ancillary infrastructure.

In this recovered appeal, the infrastructure project was due to stand for a period of 25 years including external transformers, crane hardstanding and lay-down areas. This was the second time the appeal was being heard in relation to an application dated 23 March 2010. The appeal was recovered on 5 June 2013 because the proposals were considered to be of major significance  for the delivery of the government’s climate change and energy policies.

Some of the main issues included landscape and visual impact, the effect on living conditions, and on tourism, cultural heritage and other considerations. In sum, the Secretary of State’s decision (agreeing with his Inspector) concluded that the CO2 savings and energy contributions over the life of the scheme would be very valuable ones, with important social and economic benefits – and the Secretary of State considered that these benefits would outweigh the disbenefits caused to landscape and visual impact. However, it was the noise limits and the resultant potential for unacceptable harm to the living conditions of nearby residents for significant periods of the year, along with the need to give weight to the less than substantial harm which the scheme would cause to the heritage assets of the area, resulting in a significant shift in the balance.

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