Jurisdiction(s):
United Kingdom

Bain v Secretary of State for Transport: A38 Derby DCO upheld; no duty to update economic case under NPSNN; EIA reasoned conclusion and Tameside challenge fail (England and Wales)

Published on: 21 October 2024

Published by a LexisNexis Planning expert

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Article summary

Bain v Secretary of State for Transport [2024] EWHC 2216 (Admin) What are the practical implications of this case?

The sole ground that proceeded posed a targeted issue: when must an economic statement be refreshed under paragraph 4.5 of the National Policy Statement for National Networks (December 2014), which requires that applications for road and rail schemes are normally accompanied by a business case aligned with Treasury Green Book principles. The economic case within a transport business case evaluates the economic, environmental and social consequences of a scheme, with the breadth of information tailored to the scale of the development. This material assists the decision-maker in weighing the proposal’s adverse impacts and benefits. Under paragraph 4.7, both updates—and whether they are needed—should be addressed in a proportionate way.

The key takeaway is that, where there is a material interval between an assessment and the eventual decision, active consideration must be given to whether an update is required...

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