National Trust launches legal challenge against landmark wind farm decision

The National Trust, English Heritage and East Northamptonshire Council have made a joint legal challenge against planning permission for a wind farm that would be built within one mile of a Grade I listed building and registered park and garden.

The proposal would see four 126.5m wind turbines built within the setting of the Lyveden New Bield site, a place described by the Planning Inspector who granted approval for the plans as "probably the finest example of an Elizabethan garden [with a] cultural value of national if not international significance".

After planning permission was initially refused by the local Council, the development was given consent on appeal in March 2012. The three organisations started legal proceedings on 23 April under section 288 of the Town and Country Planning Act 1990. It is extremely rare for English Heritage and the National Trust to pursue legal action and it is the first time that East Northamptonshire Council has ever taken a case to this level.

Fiona Reynolds, Director-General of the National Trust explained the decision to take the matter to the Administrative Court: "We fully support renewable energy and have made our own commitment to halve our dependence on fossil fuels by 2020. We have also backed a number of wind proposals where scale and setting have been considered appropriate.

"However, the decision to allow a development of this size so close to one of the country's most treasured historic places is both damaging to Lyveden New Bield and could have serious implications for other heritage sites across the UK."

As a Grade I listed building, registered park and garden and scheduled ancient monument, Lyveden New Bield's unfinished Elizabethan lodge and gardens have the highest heritage designation possible. The wind turbines would be prominent, modern structures in a landscape that still evokes the character of Lyveden New Bield's historic Rockingham Forest surroundings. The turbines would be visible from almost everywhere on the property.

Simon Thurley, Chief Executive of English Heritage, said: "Our challenge to his decision is not simply about the balance of professional judgement between heritage and renewable energy. The Inspector did not adequately take into account the contribution that Lyveden New Bield's historic and rural surroundings make to its immense significance."

Leader of East Northamptonshire Council, Steven North added: "It is regrettable that it has come to this, but we fully support this legal challenge and will be working closely with the National Trust and English Heritage to protect this heritage site."