Sometimes small actions can have big implications. Never is this so true as when addressing the climate crisis. 

A small scale gas fired power generator in Exmouth, UK, will pollute the beautiful East Devon countryside including its unique Pebbled Heaths and Jurassic Coastline (pictured). 

But the outdated energy policies which were used to obtain planning permission for this development mean that similar generators are springing up all over the country. From our back yard to yours, developers and landowners have spotted the opportunity to profit from burning gas to produce electricity. 

As the world teeters on the brink of climate catastrophe, there is a desperate need to encourage and incentivise green energy production. Instead, government policy favours fossil fuel generation.

Background:

East Devon District Council denied permission to Clinton Devon Estates (or technically Liverton Business Park 2011 Limited, which has common shareholders with Clinton Devon Estate Limited) for the installation of a gas-fired power generator at Liverton Business Park on the edge of Exmouth.

Clinton Devon Estates is one of the largest landowners and managers in Devon and proclaims on its website that it is:

•  “Doing today what is right for tomorrow” 
• “Handing on the land to future generations in a better condition by protecting habitats, wildlife and natural systems and by investing in the local community.” 
• “Everything we do is with tomorrow in mind.”  

How can a fossil fuel power generation in Exmouth achieve these aims?

In the face of much public opposition, Clinton Devon Estates has employed lawyers and planning agents to appeal the original decision of East Devon District Council and convinced the Planning Inspectorate to give greater weight to outdated national energy policies compared to local planning policies which afford far greater protection to our environment. 

The Government's outdated national energy policies mean that fossil fuel energy generation is being favoured over renewable forms of energy production. This has proven to be the case in Exmouth and will continue to be the case all over the country, unless we take action.

The Case

In our view, the Planning Inspectorate applied the law incorrectly by giving more weight to national energy policy (NPS) compared to local planning policy. It did so on the grounds that the development in Exmouth would, if combined with other similar developments around the country, amount to nationally significant infrastructure project and as such would fall to be determined in accordance with the NPS. 

The Planning Inspectorate also concluded that, despite the NPS being clearly outdated legislation in light of subsequent climate change legislation, it ought to be given significant weight. We believe that proposition is flawed in light of previous legal decisions which determined that a policy can be given less weight in decision making where it is clearly outdated.

So far our application for permission for judicial review was rejected on the papers, but we have renewed the application and have had a hearing listed to determine permission on 1 December 2020. We believe there are strong grounds for permission to be granted.

Who We Are

The claim is being brought by solicitor and East Devon resident, Matthew Dunne, with the support of other members of the local community who formed an action group called East Devon Climate Action for the purpose of challenging this and other similar proposed developments across the county. East Devon Climate Action has received the kind support of The Good Law Project in order to bring this challenge.

Details

East Devon Climate Action has instructed solicitors Baker McKenzie and barrister Alex Goodman of Landmark Chambers to support with the legal challenge. We are grateful to Baker & McKenzie who are acting pro bono and Alex Goodman who is acting at considerably below commercial rates. We would also like to extend our thanks to barrister Noemi Byrd, whose pro bono support with our submissions to the Planning Inspectorate was invaluable. Noemi continues to assist with the case pro bono.

However, we still need to raise funds to meet the government's legal costs if we lose (Good Law Project has agreed to meet our barrister’s fees). If we win, our barrister’s fees will be paid by the other side and the sums raised will go to Good Law Project to enable it to pursue further environmental litigation.

Thank you for your support.