Downstream GHG Emissions To Be Taken Into Account In Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions (Finch v Surrey County Council).

UK and European Union (EU) law requires that before development consent is granted an environmental impact assessment (EIA) of a project be carried out, so that any such impact may be exposed to public debate and considered in the decision-making process. In this case, Surrey County Council accepted as sufficient an environmental statement which assessed only direct releases of GHG at the project site over the lifetime of the project and contained no assessment of the impact on climate of the combustion of the oil. It was not disputed that these GHG emissions could easily be quantified and would have a significant impact on climate. The only issue was whether the emissions would be effects of the project at all,