Court of Appeal
Rex (Substation Action Save East Suffolk Ltd) v Secretary of State for Business, Energy and Industrial Strategy
[2024] EWCA Civ 12
2023 Dec 6, 7; 2024 Jan 17
Coulson, Lewis, William Davis LJJ
PlanningDevelopmentNational policy statementDevelopment consent orders granted for wind farms comprising offshore and onshore developmentWhether flood risk from surface water properly taken into accountWhether sequential test for flood risk properly appliedWhether consent orders lawful Planning Act 2008 (c 29), ss 104, 114 National Planning Policy Framework (2021), para 162 Overarching National Policy Statement for Energy EN-1, paras 5.7.4, 5.7.9, 5.7.13, 7.5.3

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