Many thanks for this reply. Your colleague Jennifer Roberts has a website describing the recent case she took against turbine noise in High Court, and the case was settled out of court. I was hoping to discuss the Betws case with her because she mentions on her website that a judgment might be brought against wind turbines in general. My thinking is that a Welsh speaking firm could act with you as specialists. The recent Helmsby High Court judgment has set a precedent in that local majorities against turbines must be respected. My colleague Sia^n Ifan has recently collected papers on this case and sent them to Messrs Robyn Lewis solicitors of Pwllheli, and most of my views can be found on my blog at www.aias.us . Perhaps she can send a copy of the papers to Jennifer Roberts and yourself at Paris Smith Ltd., 1 London Road, Southampton, SO15 2AE. The Open Spaces Society in Henley has offered to make a contribution to costs, and we can set up appeals funds to help with your costs. Are you able to take a class action for an injunction application? There is such overwhelming local and other opposition to the Betws and Mynydd y Gwair proposals that a class action can be organized to share costs, legal aid and after the event insurance taken out. As you may know the Open Spaces Society is the oldest such society in Britain. Briefly in my opinion and in that of many others (please see more detail on my blog on www.aias.us):
1) The development is illegal and may be demolished under Section 41 of the 2006 Commonland Act by County Court or High Court Order following an injunction.
2) Commonland was illegally enclosed under an obsolete act of 1852 or so, and the development is taking place on peat, again illegal.
3) A 90% local objecting majority (written objections) was ignored by a single planning officer called Wild. Other objections were all ignored, including one by CADW of the Welsh Government. In my view, as on my blog, this is illegal because it violates human rights which I have listed on my blog, notably the right to opinion, assembly and freedom of speech. Together, these rights constitute the right to democracy. Ignoring democracy is illegal and obviously very dangerous. It violates the European Convention on Human Rights, which is law in England and Wales.
4) It violates the precedent set in the Helmsby High Court ruling, in that a 90% objecting majority was over-ruled.
5) It violates environmental laws, such as local council by laws and other laws protecting the environment.
6) It violates laws protecting wild life and ancient monuments. Part of a newly discovered ancient monument, ten thousand years old, has already been damaged or endangered before there has been time to study it.
7) It is malfeasance, because wind turbines are useless industrially, and a mass of data shows that there is no global warming due to carbon dioxide. Wind turbines are not needed, and they are a danger to the grid. They threaten to bankrupt the economy. No responsible government would do this to its own People.
The injunction application would seek an order to have the turbines demolished, and similarly all turbine farms demolished which were built by ignoring local opposition majorities. Turbine developments planned against known local objecting majorities would be stopped by the injunction, notably Mynydd y Gwair, against which there is overwhelming local opposition, expressed many times in many ways. This would occur all over England and Wales. Compensation would be sought for environmental damage, and compensation for those whose human rights were violated. Finally the injunction would order wind turbine companies to demolish illegal developments at their own expense, and to pay back their subsidies to the government. Similarly all those paid subsidies illegally would have to pay them back to the government by court order.
Prof. M. W. Evans, Armiger of Mawr, Civil List Pensioner, D. Sc.
H. M. Civil List,
In a message dated 20/06/2012 18:02:58 GMT Daylight Time, writes:
Dear Professor Evans
I thank you for your query relating to the above matter.
I would say at the outset that I have not been involved in a s41 injunction proceedings before, and so this would be a new area of law for me. I am not aware that any of my colleagues have undertaken work in the area either.
However, should you wish to send some papers in order that I may consider matters then please do so. I would then be able to confirm whether we can help and the potential costs thereof.
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