The UK Court of Appeal has given a protest group in Suffolk permission for a judicial review against former Secretary of State Kwasi Kwarteng’s decision to consent two wind farms at ScottishPower Renewables’ EA Hub project off east England.
Suffolk Action Energy Solutions secured the green light from Justice Warby to proceed with its legal challenge against the decision that was taken on 31 March last year to permit the 601MW East Anglia 1 North and 900MW East Anglia 2 projects.
Permission to take the judicial review was initially refused last year by Justice Lang.
SEAS said that in the opinion of Lord Justice Warby, who heard the appeal, the case “is arguable with a real prospect of success”.
The judicial review hearing will take place in an administrative court however no details have yet been given of the date for the hearing or the name of the judge.
This is the second judicial review that has been taken against Kwarteng’s consent decision for the two wind farms.
A challenge from Substation Action Save East Suffolk, which is also based in Suffolk, was dismissed on all grounds in December last year by High Court Judge Mrs Justice Lang.
The group argued that the government failed to adequately consider the impacts of building onshore substations near the village of Friston.
Founder of Suffolk Energy Action Solutions Fiona Gilmore said: “Lord Justice Warby has identified the core issue and we look forward to getting a substantive judicial review. This is of national public relevance.
“This offshore grid is an imperative if we are going to achieve 50GWs by 2032.
“There are cost efficiency benefits as well as environmental benefits. The Belgians have been using this modular offshore grid for some years now.”
Suffolk Energy Action Solutions SPV Director Anthony Fincham said: “This case raises important questions concerning the conduct of the developer which will now be examined at a full court hearing.
“We are committed to seeing through this legal challenge in the hope of a successful outcome leading to a less environmentally damaging onshoring of electricity generated offshore.”