This week’s entry analyses whether the new government is any better with decision deadlines, plus items on Finch, AI, and Medworth.
Timeliness of timelines
With news that the Heckington Fen Solar Farm DCO decision is to be delayed for a second time past its current deadline of 27 September, how is the new government doing with sticking to decision deadlines so far? Here is the status of decisions due since the general election on 4 July 2024.
- Mallard Pass solar farm - decided on 12 July 2024, just eight days after the election and 10 days before its declared deadline (postponed once by the previous government because of the election)
- Gate Burton solar farm - decided on 12 July 2024, ditto
- Sunnica solar farm - decided on 12 July 2024, again 10 days before its declared deadline (postponed four times by the previous government)
- Cottam solar farm - decided on time on 5 September 2024
- Bramford to Twinstead electric line - decided on time on 12 September 2024
- Heckington Fen solar farm - delayed to an as yet unknown date, having been due on 27 September 2024 following one delay by the previous government; in this case, a delay was requested by the project developer, but then the government has not met the earlier date it then imposed
- Luton Airport - delayed to 3 January 2025, having been due on 4 October 2024 following one delay by the previous government
- Hinckley rail freight interchange - delayed to 10 March 2025, following the issuing of a 'minded to refuse' letter on the original decision date of 10 September 2024
- North Lincolnshire Energy Park: delayed to 18 October, following two delays by the previous government
- All other dates remain in place, in particular the Lower Thames Crossing and the Immingham Eastern Ro-Ro Terminal applications, both due on 4 October 2024.
So the stats are that three were decided early, two on time, and four have been delayed (none of which has yet been decided). So far, this is not much better than the previous government.
More Finch fallout
The High Court has recently issued a judgment quashing the permission granted for a coal mine near Whitehaven in Cumbria, partly as a result of the Finch Supreme Court judgment (where inevitable climate change impacts from combusting oil from an oil well should be assessed when deciding whether to grant permission for the oil well). It can be found here.
The judge, Mr Justice Holgate, dismissed the suggestion that coal produced at Whitehaven would substitute for coal imported from the US as there was not sufficient evidence of that, and even if there had been, there would also need to be evidence that the US coal would stay in the ground before it was possible to conclude that there was no impact or the beneficial impact claimed (since this mine would supposedly be greener than a US mine). Given Finch, that made the Environmental Statement flawed, the decision to grant permission flawed, and even meant there was an unlawful impact on the UK’s leadership role in combating climate change.
AI uh-oh
On 6 September 2024, the Planning Inspectorate issued some guidance on the use of Artificial Intelligence in casework evidence, here. It basically says you should say if you have used AI and how, if you ever do so.
Four days later, the inspector for the H2 Teesside Project examination issued a letter to all parties asking if they have used AI in any submissions and to give details in line with that guidance. The deadline for responding is 3 October 2024. Equivalent letters do not appear to have been issued in any other examinations, suggesting the inspector thinks AI may have been used in this one. All potential AI users please note, and I await the publication of the responses with interest.
And finally, more Medworth fallout
A previous Secretary of State’s rather obvious attempt to thwart the proposed Medworth energy from waste project by suspending incinerator decisions nationally is still having repercussions. DESNZ has written to Defra to ask what the current position is so that it can know whether to decide the North Lincolnshire Green Energy Park (delayed, see above), giving a deadline of 30 September 2024 to reply, watch this space.
share on
Latest articles
