JEMP CJEP-2018-0228.R2 Revised Manuscript revised CArmeni 9.04.19 hta12.04.2019.pdf (641.13 kB)
Public participation and appeal rights in decision-making on wind energy infrastructure: a comparative analysis of the Danish and English legal framework
journal contribution
posted on 2023-06-09, 17:52 authored by Chiara Armeni, Helle Tegner AnkerThis article is concerned with public participation and its linkages with appeal rights in planning decisions for major onshore wind farms in England and Denmark. We are particularly interested in how the legal framework shapes the scope of participation and appeals and, more specifically, whether a third party right to appeal (TPRA) has a participatory potential beyond the initial decision-making process. Despite structural differences, our analysis shows that in both countries the legal frameworks limit the participatory potential of administrative appeals, either through a restricted third party access to appeal mechanisms or through a restricted scope of review in appeals. Even where access is unrestricted, TPRA can hardly constitute an extension of participation, unless the scope for review is equally extended. Thus, reliance on TPRA as a participatory tool would require changes to the legal framework in both jurisdictions.
History
Publication status
- Published
File Version
- Accepted version
Journal
Journal of Environmental Planning and ManagementISSN
0964-0568Publisher
Taylor & FrancisExternal DOI
Issue
5Volume
63Page range
842-861Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2019-05-22First Open Access (FOA) Date
2020-06-14First Compliant Deposit (FCD) Date
2019-05-21Usage metrics
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