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Town and country planning – Permission for development. The defendant local authority had granted two planning permissions to the interested party for the installation of a wind turbine. Condition 21 to the first permission provided that the turbine was to be of specified dimensions, unless given the written approval of the authority. The Planning Court dismissed the claimant's claim for judicial review of the first grant of planning permission, except to the extent that the 'tailpiece' to condition 21 had to be severed. It further held that the grounds challenging the second planning permission were simply not arguable.
Town and country planning – Permission for development. The defendant local authority had granted two planning permissions to the interested party for the installation of a wind turbine. Condition 21 to the first permission provided that the turbine was to be of specified dimensions, unless given the written approval of the authority. The Planning Court dismissed the claimant's claim for judicial review of the first grant of planning permission, except to the extent that the 'tailpiece' to condition 21 had to be severed. It further held that the grounds challenging the second planning permission were simply not arguable.
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