Edmund John Fordham, R (on the application of) v Secretary of State for Energy and Net Zero

Edmund John Fordham, R (on the application of) v Secretary of State for Energy and Net Zero

The Secretary of State acted rationally and lawfully in granting development consent without resolving the applicability of COMAH Regulations or hazardous substances consent, deferring such determinations to the competent regulatory authorities at the detailed design stage, and imposing requirements to ensure future compliance.

Parties
Claimant: Edmund John Fordham; Defendant: Secretary of State for Energy and Net Zero; Interested Party: Sunnica Limited; Interested Party: Health and Safety Executive; Interested Party: Environment Agency
Jurisdiction
England and Wales
Judgment Date
18 February 2025
Procedural Posture
Judicial Review / Renewal of Application for Permission
Outcome
Permission refused
Legal Topics
Development Consent, Regulatory Regimes, Hazardous Substances, COMAH Regulations, National Policy Statement EN 1
Administrative Law Planning Law Energy Law Development Consent Regulatory Regimes Hazardous Substances COMAH Regulations National Policy Statement EN 1

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Parties

Edmund John Fordham

Claimant

Secretary of State for Energy and Net Zero

Defendant

Sunnica Limited

Interested Party

Health and Safety Executive

Interested Party

Environment Agency

Interested Party

Procedural Posture

Judicial Review / Renewal of Application for Permission

Legal Issues

  1. 1 Whether the Secretary of State failed to have regard to the COMAH Regulations, Planning Hazardous Substances Regulations, and National Policy Statement EN-1 in granting development consent for Sunnica Energy Farm
  2. 2 Whether it was irrational for the Secretary of State not to resolve if the scheme was subject to COMAH or required hazardous substances consent

Ratio Decidendi

The Secretary of State acted rationally and lawfully in granting development consent without resolving the applicability of COMAH Regulations or hazardous substances consent, deferring such determinations to the competent regulatory authorities at the detailed design stage, and imposing requirements to ensure future compliance.

Court Disposition

Permission refused

Orders

  • Application for permission to apply for judicial review is refused