Court of Appeal to consider approach to planning applications relating to exploration for and production of hydrocarbons

Planning and Environment, Cornerstone Climate, Public Law and Judicial Review

The Court of Appeal has granted permission to appeal the judgment of Lieven J in the Planning Court ([2023] EWHC 2548 (Admin)) dismissing a challenge under section 288 of TCPA1990 to the grant of planning permission for exploration and appraisal operations to assess site suitability for commercial hydrocarbon production at land in West Sussex.

The Court of Appeal has indicated that the case raises important issues about the proper approach to planning applications relating to the exploration for or production of hydrocarbons in relation to which further guidance is desirable.

Tom Cosgrove KC and Ben Du Feu are instructed on behalf of the Secretary of State. David Wolfe KC and Ruchi Parekh are instructed on behalf of the Appellant Residents Association.