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Planning update: DCO challenge dismissed; Habitats Regulations assessment at conditions stage; New Homes Accelerator; Approved Document B fire safety changes; updates on conservation areas, listed buildings, and housing land supply

Published on: 05 September 2024

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  • Nationally significant infrastructure projects
  • Appropriate assessment under the Habitats Regulations
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Nationally significant infrastructure projects

Court rejects judicial review of electricity generating station DCO, confirming that policy-based challenges cannot prevail

In R (on the application of Dr Andrew Boswell) v Secretary of State for Energy Security and Net Zero [2024] EWHC 2128 (Admin), the court dismissed an application to judicially review the Secretary of State’s decision to grant a development consent order for the Net Zero Teesside Carbon Capture, Use and Storage scheme, reiterating that challenges to such determinations may proceed only on issues of law. Dr Andrew Boswell has brought a series of recent challenges to nationally significant infrastructure proposals on climate change grounds. The judge observed that the claimant is wilfully overlooking what national policy states about the path to net zero and the requirement for CCS/CCUS. The claimant, the judge said, clearly departs from the Secretary of State’s position—and that of the Climate Change Committee—in their endorsement of this project...

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