Friends of the Earth Ltd & Anor, R (on the application of) v North Yorkshire County Council & Anor

Friends of the Earth Ltd & Anor, R (on the application of) v North Yorkshire County Council & Anor

The Council lawfully exercised its judgment in not requiring assessment of emissions from burning gas at Knapton and in deciding not to require a financial bond, relying on planning conditions and regulatory regimes. The Environmental Statement and officer reports were adequate and the Committee was properly guided.

Parties
Claimant: Friends of the Earth Limited; Claimant: Frack Free Ryedale (by David Davis and Jackie Cray); Defendant: North Yorkshire County Council; Interested Party: Third Energy UK Gas Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Judicial Review / Rolled Up Hearing; Permission and Substantive Determination
Outcome
Substantive claim for judicial review dismissed; permission granted to proceed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Climate Change, Financial Bonds for Restoration, Judicial Review Procedure
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Planning Permission Climate Change Financial Bonds for Restoration Judicial Review Procedure

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Parties

Friends of the Earth Limited

Claimant

Frack Free Ryedale (by David Davis and Jackie Cray)

Claimant

North Yorkshire County Council

Defendant

Third Energy UK Gas Limited

Interested Party

Procedural Posture

Judicial Review / Rolled Up Hearing; Permission and Substantive Determination

Legal Issues

  1. 1 Whether the Council unlawfully failed to assess indirect/secondary/cumulative climate change impacts from burning gas at Knapton
  2. 2 Whether the Council misdirected itself in law regarding requiring a financial bond for long-term environmental pollution impacts

Ratio Decidendi

The Council lawfully exercised its judgment in not requiring assessment of emissions from burning gas at Knapton and in deciding not to require a financial bond, relying on planning conditions and regulatory regimes. The Environmental Statement and officer reports were adequate and the Committee was properly guided.

Court Disposition

Substantive claim for judicial review dismissed; permission granted to proceed.

Orders

  • Permission for judicial review granted.
  • Substantive claim dismissed.