An overview of recent developments in environmental law, by Stephen Hockman QC
There are further encouraging signs of the courts’ willingness to recognise the importance of environmental concerns.
In R (on the application of Finn- Kelcey) v Milton Keynes Borough Council 2008 EWCA Civ 1067, [2008] All ER (D) 94 (Oct) a planning permission had been granted for a windfarm in Buckinghamshire comprising seven wind turbines.
The background to this was PPS22 on renewable energy, which stresses the importance of renewable energy projects in the context of the UK target of generating 10% of electricity from renewable energy sources by 2010.
On an application for permission for judicial review to challenge the planning permission, in a claim initiated just within the three-month period, permission was refused on the grounds of delay as well as lack of substantive merit.
The Administrative Court held that the claim had not been made promptly, contrary to CPR Pt 54.5(1).
The Court of Appeal upheld the decision at fi rst instance, considering that in the context of renewable energy, where there is a policy target which is a particular consideration
