Summary
In environmental impact assessment, only likely significant environmental effects must be described and assessed. Whether an effect is significant, and whether available information permits a meaningful assessment, are evaluative judgments for the decision-maker, subject to ordinary public law review.
Inbound aviation emissions may be excluded from quantitative contextualisation where national benchmarks calculate outbound emissions only and combined figures cannot meaningfully be compared with those benchmarks. Non-CO2 aviation effects may be assessed qualitatively where scientific uncertainty and the absence of a recognised benchmark make quantification inappropriate.
Planning decision-makers may rely on national climate-control regimes, including the Climate Change Act 2008 and emissions trading schemes, without duplicating those regimes. A previous examining authority’s recommendation on another airport was not an obviously material consideration requiring consideration.
Factual background
The claimant sought judicial review under section 118(1) of the Planning Act 2008 of the Secretary of State’s decision to grant a development consent order for the expansion of London Luton Airport.
Five grounds were considered. They concerned the treatment of inbound flight emissions, the relevance of the Gatwick Airport examination, non-CO2 emissions, reliance on the national climate-control regime, and reasons for compliance with the statutory duty concerning the Chilterns National Landscape. The claim also included a stayed challenge to the Jet Zero Strategy, which was not determined.
The central issues were whether the Secretary of State had unlawfully limited the environmental impact assessment or failed to take material considerations into account, and whether adequate reasons had been given for compliance with the protected-landscape duty.
Held
- Grounds 1 and 3 dismissed. Regulations 5(2), 14 and 21 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 require identification, description and assessment of likely significant direct and indirect effects. Effects that are not significant need not be assessed as part of the EIA and may instead be considered in the planning balance.
- Applying Finch, the court held that evidence must support a reasoned conclusion that an effect is likely and capable of meaningful assessment. That criterion applies both to causation and to the nature and extent of assessment. Significance is a value judgment, and different decision-makers may rationally reach different conclusions.
- The Secretary of State lawfully accepted that inbound emissions were likely effects and had been quantified, but that no meaningful comparison could be made with benchmarks based on outbound flights. She was entitled to conclude, in the alternative, that the additional inbound emissions were not significant, particularly because the existing emissions were assessed as minor adverse and not significant and the combined figure remained substantially below 1%. The EIA process had included publication, consultation and examination of the relevant information.
- Non-CO2 effects were not excluded. They were described and considered qualitatively. Given significant scientific uncertainty, the absence of scientific consensus on a multiplier and the lack of a relevant benchmark, the decision-maker was not legally required to quantify them. The approach was consistent with Bristol Airport.
- Ground 2 dismissed. The Gatwick examining authority’s report was a recommendation concerning a different and substantially larger project. It had no status as a decision and was rejected by the Secretary of State in the Gatwick proceedings. There was no legal basis for treating it as a mandatory material consideration. Its reasoning was also internally inconsistent in comparing inbound emissions with carbon budgets that excluded them.
- Ground 4 dismissed. The Secretary of State was entitled to treat the climate-control regime under the Climate Change Act 2008, including emissions trading schemes, as a regime whose proper operation could be assumed. Finch did not displace that principle.
- Ground 5 dismissed. The reasons concerning section 85(A1) of the Countryside and Rights of Way Act 2000 were adequate and intelligible. The Secretary of State considered the competing evidence, selected a reasonable and proportionate financial contribution, and secured its use for the statutory purposes.
- The claim for judicial review was dismissed on Grounds 1 to 5. It was unnecessary to determine the applications under section 31(2A) of the Senior Courts Act 1981.
The court’s approach to earlier authorities
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Appellate history
First-instance judicial review. The judgment states that permission had been granted on Grounds 1 to 5 and Ground 6 had been stayed pending determination of separate litigation concerning the Jet Zero Strategy. No appellate decision in this claim was stated.
Appeal route
- This judgment [2025] EWHC 3206 (Admin) High Court (Planning Court)
- Appealed to[2026] EWCA Civ 648Outcomeapplication for extension of time refused; permission to appeal refused
- Appealed to[2026] EWCA Civ 697Outcomeapplication for permission to appeal refused
Key cases cited
24 authorities cited.
- R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20
- R v Heathrow Airport Ltd [2020] UKSC 52
- R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3
- Dover District Council v CPRE Kent [2017] UKSC 79
- R (on the application of Edwards and another (Appellant)) v Environment Agency and others (Respondents) [2008] UKHL 22
- South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33
- Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759
- Andrew Boswell, R (on the application of) v The Secretary of State for Energy Security and Net Zero & Anor [2025] EWCA Civ 669
- Gladman Developments Ltd v Secretary of State for Communities And Local Government & Ors [2019] EWCA Civ 1543
- St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 1643
- Mott, R (on the application of) v Environment Agency & Anor [2016] EWCA Civ 564
- An Taisce (The National Trust for Ireland), R (on the Application of) v The Secretary of State for Energy and Climate Change & Anor [2014] EWCA Civ 1111
- Associated Petroleum Terminals (Immingham) Limited & Anor, R (on the application of) v Secretary of State for Transport [2025] EWHC 1992 (Admin)
- New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 726 (Admin)
- Suffolk Energy Action Solutions SPV Limited, R (on the application of) v The Secretary of State for Energy Security and Net Zero [2023] EWHC 1796 (Admin)
- Together Against Sizewell C Limited, R (on the application of) v Secretary of State for Energy Security and Net Zero [2023] EWHC 1526 (Admin)
- Bristol Airport Action Network Co-Ordinating Committee (acting through Stephen Clarke) v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (Admin)
- THE QUEEN (on the application of GOESA LIMITED) v EASTLEIGH BOROUGH COUNCIL [2022] EWHC 1221 (Admin)
- Clientearth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2020] EWHC 1303 (Admin)
- Jones, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1111 (Admin)
- Blewett, R (on the application of) v Derbyshire County Council [2003] EWHC 2775 (Admin)
- Newsmith Stainless Ltd v Secretary of State for the Environment, Transport and the Regions [2001] EWHC 74 (Admin)
- Gateshead Metropolitan Borough Council v Secretary of State for the Environment [1995] Env. L.R. 37
- Seddon Properties v Secretary of State for the Environment (1981) 42 P & CR 26
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Cases citing this case
1 later case · 1 positive
Most senior citing decisions:
- Peter Barclay & Anor v Secretary of State for Transport [2026] EWHC 1556 (Admin) approved
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