Ellie Ames 20 June 2024

Landmark fossil fuel ruling has ‘profound’ implications for planning

Landmark fossil fuel ruling has ‘profound’ implications for planning image
Image: Balakate / Shutterstock.com

A historic legal judgement has ‘fundamentally changed’ the landscape around planning permission for fossil fuel extraction, campaigners have said.

The Supreme Court ruled today that Surrey County Council acted unlawfully when it granted permission for oil drilling at Horse Hill, near Horley, without considering the climate impacts of the inevitable burning of the oil.

Surrey’s environment impact assessment failed to consider the fact that more than 10m tonnes of carbon emissions would be produced when the extracted oil was burned.

While such ‘downstream’ emissions are increasingly omitted when planning authorities consider fossil fuel projects, the Supreme Court has now recognised that the damaging impact of emissions is not limited to where fossil fuels originate, according to law firm Leigh Day.

Sarah Finch, who challenged Surrey’s decision on behalf of the Weald Action Group, said: ‘The oil and gas companies may act like business-as-usual is still an option, but it will be very hard for planning authorities to permit new fossil fuel developments when their true climate impact is clear for all to see.’

The Weald Action Group said the ‘groundbreaking’ judgement could have ‘profound implications’ for planning decisions on new fossil fuel projects.

A host of previous decisions could also be impacted by the ruling, such as the permission granted for a new coal mine in Cumbria and development of the Rosebank oil field in the North Sea, according to Friends of the Earth.

A Surrey County Council spokesperson said: ‘Council officers at the time of the planning application assessment believed that they acted in compliance with the law.’

The local authority, which approved oil drilling at Horse Hill just months after declaring a climate emergency in 2019, said planning permission for the scheme would be determined ‘in due course’.

SIGN UP
For your free daily news bulletin
Highways jobs

Executive Director of Place and Customer

Essex County Council
up to £179,404 per annum
Shape the Future of Essex. Drive climate action. Deliver for our communities. Essex
Recuriter: Essex County Council

Director of Social Work and Social Care

Trafford Council
£100,731 to £104,625
You will join a values-driven senior leadership team, providing visible and responsive leadership. Manchester
Recuriter: Trafford Council

Housing Ombudsman

Housing Ombudsman Service
£130,095 per annum, negotiable based on experience.
The Housing Ombudsman Service allows colleagues to choose if they wish to work in the London office, from home or a hybrid of the two London (Greater)
Recuriter: Housing Ombudsman Service

Lead Commissioning Officer

Essex County Council
£42452 - £49943 per annum + Flexible Working, Hybrid Working
This is a fixed term contract or secondment opportunity for up to 12 months.Interviews will be held on 3rd March 2026.*Experience the best of both wo England, Essex, Chelmsford
Recuriter: Essex County Council

Specialist Tutor - Employability/Well-Being

Sandwell Metropolitan Borough Council
Band E SCP 18-25 (£31,537 - £36,363 per annum)
Sandwell Adult and Family Learning Service has an exciting opportunity for 2 full-time specialist tutors Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council
Linkedin Banner