The case on appeal dealt with the approach to the sequential test in cases concerning surface water flooding and the assessment of cumulative environmental impacts.
The Supreme Court refused permission to appeal on the basis that the appeal did not raise an arguable point of law.
A decision on the application to the Supreme Court for permission to appeal in a separate challenge to the same decision is awaited (R (Suffolk Energy Action Solutions SPV Ltd v. Secretary of State for Energy Security and Net Zero [2024] EWCA Civ 277) is awaited.
Mark Westmoreland Smith KC and Jonathan Welch, instructed by the Government Legal Department, acted on behalf of the Secretary of State, and Hereward Phillpot KC and Hugh Flanagan, instructed by Shepherd & Wedderburn, acted on behalf of East Anglia One North Ltd and East Anglia Two Ltd.