Protect Dunsfold Ltd v Secretary of State for Levelling Up, Housing and Communities; Waverley Borough Council v SSLUHC

In June 2022, the UK government granted an exploratory planning permission for UK Oil & Gas to explore for oil and gas near the village of Dunsfold in Surrey, close to an Area of Outstanding Natural Beauty (AONB). This came after Surrey County Council had refused the scheme, with the government thereby overturning the Council’s decision. The claimants are now challenging the government’s decision to grant the planning permission. In July 2023, the High Court dismissed the challenge. The claimants argued that: - the Secretary of State had not complied with national policy requiring him to give “great weight” to conserving and enhancing landscape and scenic beauty as the starting point in his decision (ground 1); - the Secretary of State failed to explain a key inconsistency in his decision-making, which makes it unlawful. Namely, the same day the Secretary of State allowed the project at Dunsfold, he refused permission for a similar scheme because of its potential impact on the climate due to greenhouse gas emissions. Emissions from the proposal at Dunsfold would be higher than the other scheme (ground 2). The judge dismissed both grounds. She found: - on ground 1: That the Secretary of State had reached an adequate interpretation of the policies when considering exploratory planning in an area of AONB. - on ground 2: The ‘similar scheme’ at Ellesmere Port was refused for distinct reasons, specifically that of climate change whereas at Dunsfold this was not the sole reason for refusal, meaning there is not an issue of inconsistency between the decisions. On January 9, 2024 it was reported that the Court of Appeal had refused the claimants permission to appeal, bringing their challenge to an end.