A case against Betws and Mynydd y Gwair may be filed in the European Court of Human Rights on the grounds of violations of the following human rights.
1) Article 19 of the European Convention on Human Rights.
2) Violation of the European Instrument for Democracy.
3) Violation of the International Covenant on Civil and Political Rights.
4) Violation of United Nations resolution 57 (1999) whic states that democracy means the full recognition of all human rights. This means that 90% objecting majorities cannot be overruled by one local government planning officer as was the case in Betws.
5) Illegal construction of works on commonland, Section 41 of the Commonlands Act of 2006 in the law of England and Wales implies that the European Court may order the works to be demolished and compensation paid to ignored objectors and conservationists and so on.
6) Violation of Section 38 of the Commonlands Act of 2006, which prohibits all works on commonland unless legal ministerial consent is obtained. Legal ministerial consent cannot be given against a 90% local objection and against several layers of objection as in previous objections to Mynydd y Gwair. The European Court may prohibit any development of wind turbines on any commonland in England and Wales andorder all illegal works to be demolished at developer expense, plus heavy damages.
7) The recent Hemsley wind turbine High Court Ruling means that concerns about the landscape are more important than national needs. A 90% local objection cannot be over-ruled or ignored. This legal precedent may be used to file an injunction in the High Court against Mynydd y Gwair.
8) A statutory High Court challenge to any planning permission on Mynydd y Gwair must be filed within six weeks under sections 287 and 288 of the Town and County Planning Act of 1990 in the law of England and Wales.
9) A High Court review request may be sought within three months of any planning permission.
10) The law of England and Wales may be challenged by the European Court of Human Rights if that law contravenes human rights.
At present the planning law of England and Wales violates article 25 of the International Covenant on Human Rights (1966) : “The people shall have the opportunity to take part in the conduct of public affairs”, and violates the U. N. Charter of 1948, “The will of the People shall be the basis of the authority of Government.” In that the planning law of Engalnd and Wales makes it legal to ignore objections, even 90% objections, it violates several human rights under international law. In that local councillors are rarely elected by a majority of the electoral register, there is no local democracy in England and Wales, and that violates human rights. The EuropeanCourt may order the introduction of government by electronic referendum. On this basis an injunction to remove the Betws works may be sought in the High Court of England and Wales, and it may also be challenged in the European Court of Human Rights. Anyone may file in the latter court, but obviously, a barrister needs to do it.
Prof. M. W. Evans, Armiger,
H. M. Civil List