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SoS unlawfully applied climate change policy in refusing coal mine development (HJ Banks v CLG)

SoS unlawfully applied climate change policy in refusing coal mine development (HJ Banks v CLG)
Published on: 26 November 2018
Published by: LexisPSL
  • SoS unlawfully applied climate change policy in refusing coal mine development (HJ Banks v CLG)
  • What are the practical implications of this case?
  • What is the policy background to the case?
  • What is the factual background to the case?
  • What did the court find?
  • Case details

Article summary

Planning analysis: In HJ Banks v CLG, the court allowed an application for judicial review of a called-in decision by the Secretary of State for Housing, Communities and Local Government (SoS) refusing planning permission for a coal mine. The SoS had failed to explain how a need for the country’s energy could be met by renewables or low carbon sources instead of coal and failed to provide adequate reasoning as to why he decided against the inspector’s recommendations. or take a trial to read the full analysis.

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