Gloucester Resources Ltd v Minister for Planning: a decision for the right place - at the right time

摘要

The decision in GRL v Minister~76 comes at a time of heightened public awareness of the dangers of climate change, the urgent need to stay within the carbon budget and recognition that collective action at all levels of decision-making is needed. Consent for GRL's new coal mine in Gloucester was refused in this case as a result of an orthodox application of existing environmental and planning laws to the latest expert evidence on climate change, coal demand, planning, amenity, visual, social and economic issues. Preston CJ's analysis of the latest evidence led to rejection of so-called defences to fossil fuel development impacts on climate change, and instead applied the carbon budget approach to assessment of the cumulative climate impacts of GRL's proposal, at this critical point in time.