Dr Andrew Boswell, R (on the application of) v Secretary of State for Energy Security and Net Zero
[2024] EWHC 2128 (Admin)
Friends Of The Earth Limited v Secretary Of State For Levelling Up, Housing And Communities & Ors
13 September 2024
[2024] EWHC 2349 (Admin)
High Court
A new coal mine was approved, but environmental groups sued. The court ruled that the approval was illegal because it didn't properly consider the pollution from burning the coal that would be mined. The government admitted the mistake and the approval was cancelled. The court also considered that the UK government's commitment to tackling climate change was not adequately considered.
Key Facts
- •Secretary of State granted planning permission for a new underground coal mine in Whitehaven, Cumbria.
- •Friends of the Earth Limited (FoE) and South Lakeland Action on Climate Change (SLACC) challenged the decision.
- •The challenge focused on the assessment of greenhouse gas (GHG) emissions from burning the extracted coal.
- •The Supreme Court in R (Finch) v Surrey County Council ruled that GHG emissions from the end use of extracted resources must be included in the Environmental Impact Assessment (EIA).
- •The Secretary of State initially defended the decision, but later consented to its quashing.
- •WCM argued that the GHG emissions would be offset by substitution of US coal, resulting in no net increase.
Legal Principles
GHG emissions from the end use of extracted resources are likely significant indirect effects and must be included in the EIA.
R (Finch) v Surrey County Council [2024] UKSC 20
Section 288 of the Town and Country Planning Act 1990 allows for judicial review of planning decisions.
Town and Country Planning Act 1990
The court has discretion to quash a decision even if a public law error is found; the defendant must show the decision would have been the same without the error.
Simplex GE (Holdings) Limited v Secretary of State for the Environment [2017] PTSR 1041
EIA requires assessment of likely significant direct and indirect effects on the environment, including climate factors.
Town and Country Planning (Environmental Impact Assessment) Regulations 2011
The UK's leadership role in international climate action is a relevant planning consideration.
Paris Agreement, Climate Change Act 2008
Outcomes
The decision to grant planning permission was quashed.
The Secretary of State breached the 2011 Regulations by failing to adequately assess GHG emissions from coal combustion and by relying on flawed reasoning regarding the substitution effect. The court also considered the impact on the UK's international climate leadership role.
Similar Cases
R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others
[2024] UKSC 20
Friends of the Earth Limited v Secretary of State for Levelling Up, Housing and Communities
[2023] EWHC 3255 (KB)
Greenpeace Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero & Anor
[2023] EWHC 2608 (Admin)
Andrew Boswell, R (on the application of) v The Secretary of State for Transport
[2024] EWCA Civ 145