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October legal notes

Does Footnote 49 apply repowering?

An application under Section 73 of the Town and Country Planning Act 1990 to extend the life of an existing wind farm constitutes “repowering” and does not engage Footnote 49 to paragraph 154 of the National Planning Policy Framework (NPPF). That is the decision of the Inspector issued on 29 July 2019 in relation to Kirkby Moor wind farm. 

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