R (on the application of Wright) (Respondent) V Resilient Energy Severndale Ltd and Forest of Dean District Council (Appellants)

MEMORANDUM

R (on the application of Wright) (Respondent) v Resilient Energy Severndale Ltd and Forest of Dean District Council (Appellants)

[2019] UKSC 53

On appeal from [2017] EWCA Civ 2102

Introduction

The purpose of this memorandum is to review the case R (on the application of Wright) (Respondent) v Resilient Energy Severndale Ltd and Forest of Dean District Council (Appellants). The respondent, Mr Wright, submitted a judicial review appeal against the second appellant's (the "Council") granted of planning approval to the first appellant ("Resilient") for the change of use of property at a farm in Gloucestershire from agriculture to the building of a wind turbine.

This memorandum will begin with skeleton arguments from both sides, where legal facts will be reviewed, then move on to primary and secondary legislation relevant to this case, as well as legal reasoning developed by the Judges and some scholarly works linked to the area, before concluding.

Skeleton arguments of the Applicant

Introduction

1. 
   Resilient suggested in its application for planning approval that the turbine be operated by a public benefit society, with such a yearly gift to a local community fund.
   

Submissions