The following is drafted for a solicitor who may instruct a barrister. The applicants seek an injunction to order the demolition of the Mynydd Betws development under Section 41 of the 2006 Commonland Act, adopted 1/4/2012 by the Welsh Government. Section 41 asserts that any illegal development on registered commonland must be demolished at developer expense. The injunction application also seeks to restore the land, seeks compensation for human rights violations, and seeks to have all pylons and access roads and so forth to be demolished at developer expense. The applicants assert that the development is illegal for the following reasons.
1) Violation of lawful human rights under the European Convention on Human Rights, which is law in England and Wales. The fundamental principle of human rights is expressed in the United Nations Charter of 1948. “The will of the People will be the basis for the authority of government.” Under article 25 of the International Covenant on Human Rights (1966) the People shall have the opportunity to take part in the conduct of public affairs. These fundamental rights were violated in that the Betws planning application in that many local objecting groups and individuals were ignored, including a 90% majority of written objections. National protection policies were violated, notably those protecting the environment, wild life and ancient monuments. These objecting groups included CADW of the Welsh Government itself. In particular, points 35, 38, 39, 40, 42, 43, 44 and 45 of the report by Mr Wild, the planning inspector show clearly how local concerns were ignored illegally. The recent Hemsley High Court ruling asserts that local concerns are paramount, and over-ride national policy. This ruling sets a precedent for demolition of all turbine sites which are or were opposed by a local majority.
2) Violation of article 19 of the Universal Declaration of Human Rights: “Everyone shall have the right to freedom of opinion and expression, the right includes freedom to hold opinions without interference .....” . Point one above shows that local freedom of expression was over-ruled by one planning inspector, Mr Wild, and that is interference in the lawful human right of opinion.
3) Violation of the European Instrument for Democracy, and the European Convention on Human Rights, in that local opinion was over-ruled, a violation of the lawful right of democracy. The Hemsley High Court ruling sets a precedent in that local democracy is paramount.
4) Violation of the International Covenant on Civil and Political Rights, essentially the lawful right to freedom of speech, opinion, expression and participation, collectively the lawful right to democracy.
5) Violation of resolution 57 (1999) of the United Nations, which asserts that democracy must mean the full recognition of all human rights. A very large local objecting majority cannot be over-ruled lawfully by one planning official. 6) Violation of Section 38 of the Commonland Act 2006, which prohibits all works on registered commonland unless ministerial consent is obtained. Ministerial consent cannot be given legally against a large objecting local majority, see points (1) to (5) above.
7) Violation of the recent Hemsley High Court ruling, which states that concerns about the landscape are more important than national needs.
8) Violation of environmental laws which prohibit development on peat, and in general on landscape of outstanding natural beauty. The whole of Mynydd Betws and Mynydd y Gwair consists of peat to greater or lesser extent and are rare and most beautiful ecologies. To destroy these is a major crime against humanity.
9) Violation of EEC laws on habitat protection. Both Mynydd y Gwair and Betws are 100% habitat protected.
10) Violation of local Council by laws on the environment.
11) Illegal enclosure of land under an obsolete act of 1852.
12) Conflict of interest, in that political parties are influenced by wind turbine executives. I request other parties in the proposed class action to list other law violations here.
Myron Evans
Prof. M. W. Evans, Armiger of Mawr, Civil List Scientist, D. Sc. (Wales),
H. M. Civil List
www.aias.us
