A decision to grant planning permission to build a wind turbine near a man’s home has been quashed by the High Court.
Daniel Mageean brought the case after a government inspector granted permission for the turbine at High Down, Redland, Cornwall.
The proposal for the turbine must be reconsidered after a judge ruled that the inspector’s decision-making process was flawed.
The ruling at the High Court in London was a victory for Mageean, of Redland Farm, St Ive, Liskeard.
The case is one of several legal actions involving wind turbines that are coming before the courts in a backlash by “local people” to the government’s push for renewable energy.
Mageean is a leading member of local campaign group Green Caradon Against Turbines (Green CATS) and went to court to get the case reassessed by Communities and Local Government Secretary Eric Pickles.
His solicitor Richard Buxton said after the ruling: “As the permission has been quashed, the secretary of state will now have to consider whether there should be an environmental impact assessment.”
The planning inspector granted permission to the Truro-based Cornwall Light & Power Company on appeal, after Cornwall Council had found that the turbine - up to 80m tall to the tip of the blade - would be detrimental to the character and appearance of the surrounding landscape.