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Staged Appropriate Assessment under Habitats Regulations upheld at licensing stage; accidents, climate and in‑combination effects deferred to project consents (R (Oceana UK) v Secretary of State for Energy Security)

Published on: 02 December 2025

Published by a LexisNexis Planning expert
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R (on the application of Oceana UK) v Secretary of State for Energy Security and others [2025] EWHC 2984 (Admin)

What was the background?

The dispute stemmed from a judicial review issued by Oceana UK against the Secretary of State for Energy Security and Climate Change, challenging three ‘appropriate assessments’ undertaken at the licensing phase of the 33rd Seaward Oil and Gas Licensing Round. Those assessments were intended to fulfil the Secretary of State’s obligations under regulation 5(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (the 2001 Regulations). The 2001 regime gives offshore effect to the Habitats Directive in a manner closely akin to the Conservation of Habitats and Species Regulations 2017 that govern onshore planning decisions. Oceana contended that the licensing-stage assessments did not satisfy the precautionary requirement for ‘complete, precise and definitive’ conclusions, because they:

  • omitted a substantive appraisal of risks from industrial accidents and spills;
  • failed to evaluate climate change effects on Marine Protected Areas or greenhouse gas emissions arising from licensed operations;
  • treated cumulative and in-combination effects inadequately; and
  • departed from the advice of the Joint Nature Conservation Committee and Natural England without adequate justification.

The Secretary of State’s...

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