Claimant secures permission for judicial review over development consent for offshore windfarm

A Norfolk resident has obtained permission from the High Court to bring a judicial review challenge over the Secretary of State for Business, Energy and Industrial Strategy’s decision to grant development consent for the Norfolk Vanguard windfarm.

According to barristers chambers Francis Taylor Building (FTB), in his claim under section 118 of the Planning Act 2008, claimant Ray Pearce maintains that the Secretary of State unlawfully excluded from consideration the cumulative effects of the Norfolk Vanguard windfarm taken together with its sister windfarm project, Norfolk Boreas.

Both wind farm projects are being brought forward by Vattenfall Wind Power Limited and are intended to share some infrastructure, but are subject to separate applications for development consent.

Mrs Justice Lang granted permission on all grounds and the claim is expected to be heard in the New Year, FTB said.

Ned Westaway and Michael Brendan Brett from the set are acting for the claimant, instructed by Thrings LLP.

Hereward Phillpot QC from FTB is acting for the Interested Party, Norfolk Vanguard Limited, instructed by Womble Bond Dickinson (UK) LLP.

Mr Pearce has raised £5,105 towards his initial target of £8,000 via Crowd Justice.

On his crowd funding page, he said: “I strongly support the use of renewable wind power electricity which is a wonderful progression for the people of the UK.  BUT, the transmission systems, built for the profit of private companies who are exploiting this valuable resource, will severely damage the environment they were supposed to save.”

The Secretary of State approved the scheme on 1 July 2020.