·        
The appellant requested for a
planning permission to build a wind farm, the second defendant (The council)
refused permission in November 2011 Broadview lodged an appeal and it
was allowed after a public inquiry in May 2012.

·        
HSGWAG brought a challenge in
High court and quashed the appeal. Second public inquiry was held in between 8th-
– 24th October 2013.

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·        
After considering adverse
effects and benefits obtained, second inspector recommended the grant of
permission. (14th April 2014)

·        
The secretary of state refused
planning permission on 22nd December 2014 due to;

–         
Even though there are material
considerations which weigh in favour of the proposal, those benefits are not
sufficient to outweigh the adverse impacts.

–         
Would be harmful to the
heritage assets and character & visual amenity of the area.

·        
SoS delayed to give the
decision cause of the Barnwell Manor case.

·        
In Barnwell Manor Case
Court of Appeal interpreted Planning Act 1990 S66(1),

–         
Decision maker requires to give
‘the desirability of preserving the building or its setting’

–         
Considerable importance and
weight must be given when balancing advantages & disadvantages of the
proposed development.

·        
On 28th January
2015 Broadview applied to quash SoS’s decision relying on lobbying
activities of the local member of Parliament Mrs Leadson, who managed to call
in the application because of her lobbying activities.

·        
October 2011- July 2014

–         
Mrs Leadson continuously sent
letters and emails informing and keeping Mr Hopkins updated about Broadviews’s
project.

–         
The SoS (Mr Hopkins) did not
comment on individual applications but communicated with Mrs Leadson throughout
the initial and subsequent inquiries.

·        
October 2013- March 2014

–         
Broadview’s attempts to talk
with members of the Planning Department got rejected on the grounds of Planning
Property Guidance.

–         
Broadview requested again to
discuss about the process of the planning appeal. Meeting was held, Chief
Planner mentioned that he would not discuss the merits of an impending
decision.