Hertfordshire County Council v. Secretary of State for Communities and Local Government

Secretary of State for Communities and Local Government (“Secretary”) granted planning permission for urban expansion. The development site was partially within the area of two other councils who objected to the permission. Among other concerns, the councils alleged that the Secretary failed to consider the interim policy “Carbon Dioxide and Energy Performance” (ENG1), which requires new development of a certain size to “secure at least 10% of their energy from decentralised and renewable or low-carbon sources” where feasible. The court agreed with the petitioners and quashed the Secretary’s decision.