Jurisdiction(s):
United Kingdom

High Court quashes Norfolk Vanguard development consent for failure to assess cumulative impacts with Norfolk Boreas under EIA Regulations 2009: unlawful deferral and inadequate reasons (England and Wales)

Published on: 25 February 2021

Published by a LexisNexis Planning expert

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Article summary

Pearce v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin)

What are the practical implications of this case?

While the facts are specific to this matter, multiple offshore schemes along England’s east coast are moving through consent, and each must robustly account for cumulative effects. The case also underlines mounting pushback from local communities against sizeable onshore infrastructure in the area, coinciding with BEIS’s programme reviewing offshore transmission and different approaches to linking offshore wind schemes and landing renewable power. The court further made clear that, even where a proposal aligns with government policy and helps deliver low‑carbon, renewable generation consistent with legal duties towards ‘net zero’ and tackling climate change, that alignment does not displace the requirement for any application to evaluate every impact properly and in accordance with the law. All such proposals therefore need to demonstrate, through the application process, that cumulative and project‑specific effects have been considered with sufficient rigour, rather than assuming policy support or climate objectives will carry weight.

What was the background?

The claimant, a local resident, Raymond Pearce, sought judicial review to contest the decision of the defendant, the Secretary of State for Business, Energy and Industrial...

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