A claim has now been issued to challenge the government’s failure to review the “National Policy Statements” which determine how decisions are made on planning permission for large fossil fuel, nuclear and renewable energy developments (“the Energy NPSs”). The Energy NPSs were designated in 2011, and continue to presume in favour of all such developments including fossil fuels.
The claim challenges the assumption of authority by civil servants, rather than the elected Secretary of State, to decide that the Energy NPSs will not be reviewed now. The claim also challenges the failure to review in light of material changes of circumstances which were not considered in 2011 but which would have substantially affected the content of the Energy NPSs if they had been. This includes the amendment, made on 27 June 2019, to section 1 to the Climate Change Act 2008 so that the UK’s net carbon account for the year 2050 is now required to be 100% lower than the 1990 baseline.
The Claimants are Dale Vince, Chief Executive Officer of Ecotricity; George Monbiot a journalist and campaigner on the environment; and the Good Law Project Limited.
News coverage of the claim can be found here.