WILTSHIRE Council has asked the High Court to consider an appeal from it after the court ruled a £10million solar farm in Broughton Gifford was given unlawful planning permission.
The ruling last month ordered Wiltshire Council to reconsider the application for the 22 hectare site, which only began operating last June, after a successful challenge was brought by owner of the nearby Grade II listed Gifford Hall, Daniel Gerber.
Mr Gerber claimed he only became aware of the development when the photovoltaic arrays were being installed and that conservation body Historic England, formerly known as English Heritage, had not been consulted.
One of the country’s top judges, Mr Justice Dove, agreed and ruled that Wiltshire Council had breached Mr Gerber’s ‘legitimate expectation’ that he would be notified of a development proposal of this sort.
The council will now wait until the court decides whether to grant them leave to appeal.
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