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This week (Wednesday and Thursday), the Supreme Court will hear the appeal from the Court of Appeal’s decision in R (Finch) v Surrey County Council [2022] PTSR 958. The case concerns the scope of Environmental Impact Assessment (EIA) and “downstream” emissions. The issue is whether, when planning permission is granted for the extraction of oil for commercial purposes, the planning authority must assess the greenhouse gas emissions from the future use of the oil although the permission granted was for extraction only and the oil requires to be refined offsite before use. Holgate J held that the emissions were not an effect of the project for which permission was sought and the Court of Appeal (Moylan LJ dissenting) held that it was reasonable for the planning authority not to regard them as indirect effects of the development. The Appellant challenges these conclusions.
Friends of the Earth, the Office for Environmental Protection, Greenpeace, and West Cumbria Mining Ltd have been granted permission to intervene in writing.
David Elvin KC and Matthew Fraser appear for the developer, Horse Hill Developments Ltd.
Richard Moules and Nick Grant appear for the Secretary of State.
Paul Brown KC (leading Nina Pindham of Cornerstone Barristers) drafted the submissions on behalf of Friends of the Earth.
