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Planning weekly briefing: DCO EIA challenge dismissed; Welsh infrastructure regime guidance; water neutrality upheld; EIR disclosure ordered; Viking CCS correction—28 August 2025

Published on: 28 August 2025

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In this issue:

  • Planning for nationally significant infrastructure
  • Environmental impact assessment, strategic environmental assessment and appropriate assessment
  • Freedom of information and environmental information
  • Daily and weekly news alerts
  • New and updated content
  • Related Documents

Planning for nationally significant infrastructure

Court rejects EIA and apparent bias objections to development consent order and applies the Gateshead principle to EIAs (R (Associated Petroleum Terminals (Immingham) Ltd) v Secretary of State for Transport))

The claimants contested a development consent order (DCO) made for the Immingham Eastern ‘roll-on roll-off’ Terminal (IERRT), a significant ferry terminal scheme at the Port of Immingham. The High Court refused the claim, holding the environmental statement (ES) to be sufficient, with the evaluation of sufficiency resting with the decision-maker and not the court unless it is Wednesbury unreasonable. The judge further accepted the SoS’s dependence on the ‘River Regime’ to control navigational risks that the ES could not practically evaluate. A second limb alleging bias was without substance and was therefore rejected...

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