Climate change and material planning: The clouding of the issue

In this second article of two on climate change, Frank Orr looks at the tension between the expectations of action raised by the CCA, the failure of national policy to meet such expectations and the case law that has – to an extent – continued to cloud the issue While the National Planning Policy Framework …
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Cases Referenced

  • Abraham & Ors (Environment & consumers) [2008] EUECJ C-2/07
  • Ardley Against Incineration v Secretary of State for Communities and Local Government [2011] EWHC 2230 (Admin)
  • Bowen-West v Secretary of State for Communities and Local Government [2012] Env LR 22
  • CREEDNZ Inc v Governor-General [1981] 1 NZ L R 172
  • Cumberlege v Secretary of State for Communities [2018] EWCA Civ 1305
  • Gateshead MBC v Secretary of State for the Environment [1995] Env LR 37
  • Harrison v The Secretary of State for Communities and Local Government, Cheshire West and Chester Council (Successor to Vale Royal Borough Council) [2009] EWHC 3382 (Admin)
  • HJ Banks & Co Ltd v Secretary of State for Housing Communities and Local Government [2018] EWHC 314
  • Hopkins Development Limited v First Secretary of State [2007] JPL 1056
  • Plan B Earth and others v Secretary of State for Transport [2020] EWCA Civ 214
  • Preston New Road Action Group v Secretary of State for Communities and Local Government [2018] EWCA Civ 9
  • R (Barbone) v Secretary of State for Transport [2009] EWHC 463 (Admin)
  • R (Brown) v Carlisle City Council [2010] EWCA Civ 523
  • R (Client Earth) v Secretary of State for Business Energy and Industrial Strategy and Drax Power [2020] EHC 1303 (Admin)
  • R (Finch) v Surrey County Council [2022] EWCA Civ 187
  • R (Frack Free Ryedale) v North Yorkshire County Council [2016] EWHC 3303 (Admin)
  • R (Griffin) v Newham LBC [2011] EWHC 53 (Admin)
  • R (Hillingdon LBC) v Secretary of State for Transport [2010] EWHC 626
  • R (Littlewood) v Bassetlaw DC [2008] 1812 (Admin)
  • R (McLennan) v Medway Council [2019] EWHC 1738 (Admin)
  • R (Millstone) v Secretary of State for Business Energy and Industrial Strategy CO/3447/2019
  • R (on application of Barker) v Bromley London Borough Council [2007] 1 AC 470
  • R (on the application of Blewett) v Derbyshire County Council [2004] Env L R 29
  • R (on the application of Friends of the Earth Ltd) v Heathrow Airport Limited [2020] UKSC 52
  • R (on the application of Spurrier) v The Secretary of State for Transport [2019] EWHC 1070 (Admin)
  • R (on the application of Squire) v Shropshire Council [2019] EWCA Civ 888
  • R (on the application of Transport Action Network Ltd) v Secretary of State for Transport [2021] EWHC 2095 (Admin)
  • R (Stephenson) v Secretary of State for Housing Communities and Local Government [2019] EWHC 519
  • R (Stop Bristol Airport Expansion) v North Somerset DC [2011] EWHC 3356 (Admin)
  • R v Bolton Metropolitan Borough Council ex parte Kirkman [1998] JPL 787R v Somerset County Council ex parte Fewings [1995] 1 WLR 1037 (1049)