Supreme Court agrees to hear case on environmental impact assessment and downstream effects

The Supreme Court has granted permission to appeal in a key case on planning permissions, environmental impact assessment (EIA) and downstream effects, it has been reported.

The appellant, Sarah Finch, had brought a claim on behalf of the Weald Action Group for judicial review of a planning permission granted by Surrey County Council on 27 September 2019 for the retention and extension of the Horse Hill oil well site, near Horley.

In the High Court Mr Justice Holgate dismissed the claim in December 2020.

In February this year the Court of Appeal rejected – by a 2-1 majority – a claim that it was unlawful for Surrey, as mineral planning authority, not to require the EIA for a project of crude oil extraction for commercial purposes to include an assessment of the impacts of greenhouse gas emissions resulting from the eventual use of the refined products of that oil as fuel.

Dismissing Ms Finch's appeal, the Senior President of Tribunals, Sir Keith Lindblom, said: “In my view, applying legal principles that are already fully established, it is clear that the county council did not err in law.”

Lord Justice Lewison agreed with the Senior President that the appeal should be dismissed, although he admitted that what he had found more difficult was the question whether the decision that Surrey in fact took was a lawful one.

However, Lord Justice Moylan concluded that the reasons given by the county council, for deciding that the greenhouse gas emissions were not an effect of the development at Horse Hill Well Site, were legally flawed.

David Elvin QC and Matthew Fraser of Landmark Chambers, which revealed that the Supreme Court had granted permission to appeal, represent Horse Hill Developments Ltd, the First Interested Party.

Richard Moules, also of Landmark, represents the Secretary of State.

See also: Indirect effects and environmental impact assessment - In Finch the Court of Appeal declined to define significant indirect effects for environmental impact assessment (EIA). Barristers at Cornerstone Barristers consider the ruling