Cumulative Impact

January 19th, 2024 by James Goudie KC

In R (Substation Action Save East Suffolk Ltd) v SoS for Energy Security and Net Zero ( 2024 ) EWCA Civ 12, concerned with Regulation 21 if the Environmental Impact Assessment Regulations, development consent for windfarm construction, and flood risk, Lewis LJ reiterated, at paras 55 and 60, that, where two or more linked sets of works are properly to be regarded as separate projects, ( 1 ) the objective of securing environmental protection is sufficiently secured by considering the cumulative effects when the first project is assessed, so far as that is reasonably possible, but (2 ) a decision=maker could defer that decision where, amongst other things, there is insufficient information on which a cumulative assessment can be made.

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