Substation Action Save East Suffolk Ltd (appellant) v Secretary of State for Business, Energy & Industrial Strategy, & ors (respondents)

Wednesday 6 December 2023

By Appellant’s Notice filed on the 17 January 2023, the appellant appeals the order of Lang J dated 13 December 2022.

The Appellant sought to challenge, pursuant to section 118 of the Planning Act 2008, the Respondent’s decisions dated 31 March 2022, to make two development consent orders under section 114 PA 2008 for the construction, respectively, of the East Anglia ONE North and East Anglia TWO Offshore Wind Farms with associated onshore and offshore development.

Permission to apply for judicial review was granted on the papers by Lang J, who also heard the substantive claim. Lang J found the Respondent’s conclusions as to flooding could not be properly characterised as irrational, that the Respondent was not required by law to apply considerable importance and weight to the heritage harm in the planning balance, that the Respondent had not failed to take account of switchgear noise in reaching its decision, that the reasons given met the required standard, the conclusions were rational and clear. By an order dated 13 December 2022 the claim was dismissed on all grounds.

View hearing:

Part 1

Part 2