“…lgate J. said there was “no obligation to assess a hypothetical scheme (Preston New Road Action Group v Secretary of State for Communities and Local Government [2018] Env. L.R. 18] at [75])”. Sizewell C Ltd. considered a permanent desalination plant was unlikely to be necessary and was “not currently proposing that option”. The Secretary…”
“…mple, the Court of Appeal’s decision in Preston New Road Action Group and Frackman v Secretary of State for Communities and Local Government [2018] EWCA Civ 9; [2018] Env. L.R. 18, in particular the leading judgment at paragraphs 60 to 73, holding that the environmental impact assessment for the proposed exploration for shale gas was not…”
“…ory functions as it should, and as far as they went (see my judgment in Preston New Road Action Group v Secretary of State for Communities and Local Government [2018] Env. L.R. 18, at paragraphs 89 to 93; the judgment of Glidewell L.J. in Gateshead Metropolitan Borough Council v Secretary of State for the Environment [1995] Env. L.R. 37,…”