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England and Wales planning law 2024: leading cases on EIA downstream emissions, carbon, Habitats AA, s73, Hillside severability, competing schemes, repurposing policy, enforcement, and statutory service deadlines

Published on: 06 January 2025

Published by a LexisNexis Planning expert
Legal News
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This News Analysis provides a review of the standout cases from 2024 for planning lawyers. For a round-up of the major developments shaping planning law and practice during 2024, together with a forward glance at what is anticipated in 2025, see Key planning law developments—end of year review 2024 and what to expect in 2025.

Environmental impact assessment Assessment of likely downstream effects

In Finch v Surrey CC, the Supreme Court, by a 3:2 majority, held that the permission to retain and expand an established onshore oil well site, and to drill four additional hydrocarbon wells so that output could be taken from six wells in total, was unlawful because it failed to assess the ‘downstream’ GHG emissions that will inevitably arise when the refined fuel is burnt. That omission to consider downstream, or ‘Scope 3’, emissions was found to contravene the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations), SI 2017/571, most notably the requirement that decision-makers evaluate the ‘direct and indirect significant effects of a project’ on the climate. The court indicated that the meaning of the expression ‘direct and...

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