LONDON, June 20 (Reuters) - A local authority should
have considered the long-term climate impact of onshore oil
wells when it granted them planning permission, the UK Supreme
Court ruled on Thursday in a decision that could hugely impact
any future fossil fuel developments.
Environmental campaigners had argued that planning
permission for the retention and expansion of an oil well site
in southern England was flawed because it had only considered
the direct effect of the development, and not the impact of
greenhouse gas emissions from the use of the extracted oil.
Judges on the UK's top court agreed by a narrow three to two
majority, saying the planning approval was unlawful because the
later emissions should have been considered in an Environmental
Impact Assessment (EIA).
"It is not disputed that these emissions, which can easily
be quantified, will have a significant impact on climate," said
George Leggatt, one of the three Supreme Court justices who
agreed with the appeal.
"The only issue is whether the combustion emissions are
effects of the project at all. It seems to me plain that they
are."
Ahead of the ruling, campaigners said, if they won, the
landmark judgment would make it much harder for new oil, gas and
coal developments to get approval, and other controversial
schemes would be impacted.
"It is extremely difficult to overstate the significance of
this case," said Sam Fowles, planning and environment law
specialist at Cornerstone Barristers. "(It) could be the
beginning of the end of new fossil fuel extraction in the UK."
In 2019, Surrey County Council gave permission for Horse
Hill Developments, part owned by British energy company UK Oil &
Gas Plc, to retain two oil wells and drill four more over more
than 20 years near the town of Horley, close to London's Gatwick
Airport.
An EIA for the project examined the effect of the
construction, production and decommissioning of the site but did
not assess the downstream impact from emissions that would
result from the use of the oil when it was later refined and
used, for example as fuel.
The Weald Action Group (WAG), an umbrella organisation for
local groups that campaign against the extraction of oil and gas
in southeast England, estimated this would equate to more than
10 million tonnes of carbon emissions.
A campaigner acting for WAG launched a legal challenge
against the planning approval, but this was rejected both by the
High Court in London and then by the Court of Appeal which ruled
had the council had not acted unlawfully and that it was for
government to decide on the making of policy.
"In my view, there was no basis on which the council could
reasonably decide it was unnecessary to assess the combustion
emissions," Leggatt said in his Supreme Court judgment.