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Supreme Court Judgment will Significantly Impact Fossil Fuel Project Planning Decisions

Planning Update July 2024


The Supreme Court has ruled that the grant of planning permission for oil production was unlawful for failing to assess the ‘downstream’ greenhouse gas emissions that will inevitably arise from the combustion of the fuel, following refinement of the crude oil.


Planning partners, Chrisa Tsompani, Stephanie Hall and Nigel Hewitson explain:


The ruling will no doubt have significant consequences for future planning decisions concerning fossil fuel projects as well as other high carbon-emitting proposals. It should be noted that it affects EIA developments and scope 3 emissions whose impact is known, quantifiable and significant.


The Supreme Court noted that the regulations will not prevent a competent authority from giving consent for a project that causes significant harm to the environment, but the decision puts pressure on Local Authorities to assess the full environment impact of fossil fuel (and other high-emitting developments).


Find out more here.



Chrisa Tsompani is a Planning Partner at Davitt Jones Bould. She is highly experienced in complex planning and environmental issues, having advised on planning and highway agreements, Biodiversity Net Gain, development control, enforcement, planning policy, s106 and s111 agreements as well as compulsory purchase orders to name a few.  






Stephanie Hall (Partner)

Stephanie is a specialist Planning Solicitor. She has been ranked in the Legal 500 both in 2023 and 2024, with clients describing her as ‘’practical, commercially minded, approachable and clear in her advice’’. Whilst working at Manchester City Council, she was twice recognised as one of the top 10 local authority planning lawyers in Planning Magazine’s annual survey.





Nigel Hewitson (Partner)

Nigel is an expert in planning law and listed buildings.  He co-wrote the leading authority textbook, “Listed Buildings and Other Heritage Assets” (6th Ed) and is a Member of the Legal Sub Panel for the Institute of Historic Building Conservation. He has advised on major planning projects including the Stonehenge/A303 Tunnel Public Inquiry and multiple public inquiries into tall buildings in London including The Shard. 





 


ABOUT DAVITT JONES BOULD:


Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester, and Birmingham ensuring truly national coverage.


The firm is renowned for its high quality legal work and service.


We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate. 


All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.  


Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, we have a national presence.


The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.





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