Planning analysis: This case concerned the lawful approach to environmental impact assessments (EIAs) and ‘substitution’ arguments in the context of fossil fuel developments following the Supreme Court’s decision in R (oao Finch) v Surrey County Council and others [2024] UKSC 20. The court found that the Secretary of State had acted in breach of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (the 2011 regulations) in determining the greenhouse gas (GHG) emissions from the burning of coal from the proposed mine were not likely indirect significant effects of the development, applying Finch. Written by Rowan Clapp, a barrister at Cornerstone Barristers.
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