The Heathrow Court of Appeal ruling of 27 February 2020 has significant implications across the national planning sphere. Indeed a series of related challenges are already emerging (HS2 by Chris Packham, government fossil fuel dependency by George Monbiot, and RIS2 by the Transport Action Network) plus we now know there is a related delay to government’s National Infrastructure Strategy.
CAUSE believes it gives rise to a high likelihood that the North Essex Authorities Section 1 Plan (if found sound by the Inspector) would be successfully challenged in the courts on similar grounds, around failure to consider climate change appropriately. Specifically:
- National policy, in the form of the Paris Agreement, has not been considered, contrary to the Planning & Compulsory Purchase Act 2004
- International objectives on environmental protection, in the form of the Paris Agreement, have not been considered, contrary to the SEA Directive
- In addition, regardless of the Paris Agreement, the Climate Change Act 2008 was not considered in its unamended form at the time of the plan making, contrary to NPPF 2012 requirements.
Read full paper here: Heathrow ruling impact on Section 1 North Essex PlanFINAL