OEP seeks permission to intervene in Supreme Court appeal to…
Time after time, with planning applications for developments or infrastructure, the carbon emissions of the building or activity itself are considered, but NOT the carbon emissions that result from it. For example, companies drilling for oil have to account for the carbon emissions from their drilling operations, but can ignore the carbon from burning the fuel. Airports have to measure the emissions from their operations and buildings on the ground, but can ignore the emissions from the planes, the flights of which are facilitated by the airport. Now the Office for Environmental Protection (OEP) has filed an application with the Supreme Court for permission to intervene in the appeal of R (Finch) v Surrey County Council highlighting the importance of clarity in the law to promote good environmental decision-making. This is whether account should be taken, by Surrey County Council, in granting planning permission, of the oil drilled from wells in Surrey. The OEP is now waiting to hear whether the Supreme Court grants permission for it to intervene. This case could set a precedent for refusal for other high carbon developments, including airports. .Tweet OEP seeks permission to intervene in Supreme Court appeal to highlight importance of clarity in environmental law 09.02.2023 (OEP – Office for Environmental Protection press release) The Office for Environmental Protection (OEP) has filed an application with the Supreme Court for permission to intervene in the appeal of R (Finch) v Surrey County Council highlighting the importance of clarity in the law to promote good environmental decision-making. The appeal, which was filed yesterday (Wednesday, 8 February) concerns a judicial review of the grant of planning permission for new oil wells on a site in Surrey. The Supreme Court will consider whether Surrey County Council (SCC) acted lawfully by not requiring the development’s environmental impact assessment (EIA) to assess the impact of greenhouse gas emissions resulting from the future combustion of oil produced by the new oil wells. The OEP’s intervention is prompted by this failure or alleged failure of SCC to comply with environmental law. OEP General Counsel, Peter Ashford, said: “Environmental impact assessment is so important for integrating the environment into planning decision-making. We are interested in this case because of the opportunity to clarify the law here to ensure proper decision-making that enhances environmental protection. We hope that the Supreme Court will take this opportunity, and will develop principles for determining the proper approach to the assessment of indirect effects
