Property Week quotes Claire Fallows on a pending Supreme Court verdict in a Surrey oil field case
The field a few miles north of Gatwick Airport is at the centre of a legal tussle that could reshape the UK’s planning laws and have ramifications for major planning applications up and down the country.
The long-running case of Finch vs Surrey County Council, which is now awaiting a ruling from the Supreme Court, revolves around the indirect impacts of development and what it is reasonable to take into account when considering the long-term impacts of developments themselves.
Claire Fallows, Partner and Head of Planning, comments for Property Week on the case:
The Office for Environmental Protection [OEP] has intervened in the case, which highlights its concern that previous court decisions left the law on EIAs in an uncertain position. The OEP has asked the Supreme Court to clarify the law on the assessment of indirect effects.
Ultimately, the government is aware of the shortcomings of the EIA process and has planned to phase out the assessments. The Levelling-up and Regeneration Act 2023 proposes to replace EIAs with environmental outcomes reports (EORs) in due course.
Claire adds:
It is questionable as to how far this government can or will proceed with the detail of such proposals ahead of a general election.
Read the full piece in Property Week here.
