R (Gerber) v Wiltshire Council
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| Gerber v Wiltshire Council | |
|---|---|
.jpg) Gifford Hall, Broughton Gifford | |
| Court | Court of Appeal |
| Citation | [2016] EWCA Civ 84 |
| Keywords | |
| energy | |
Gerber v Wiltshire Council [2016] EWCA Civ 84 is a UK enterprise law case relating to planning permission for electricity generation.
Daniel Gerber, the owner of a Grade II* listed[1] building called Gifford Hall at Broughton Gifford, Wiltshire, claimed that a nearby proposed solar farm should not have been given planning permission. The 22-hectare (54-acre) site (220,000 m2) was agricultural land. Gerber did not become aware of the plan till work started in March 2014; the work was completed in June 2014. Gerber applied for judicial review in October 2014. Dismantling and restoring the land would have required £1.5m in expense, losing £10.5m in total. Gerber claimed he had a legitimate expectation of notification from the council's own Statement of Community Involvement.
Dove J in the High Court quashed planning permission.[2] The owner was entitled to claim despite delay under CPR Pt 54 and the Senior Courts Act 1981 section 31(6).