On 12 April 2017, the High Court dismissed a judicial review application challenging the decision of the Secretary of State for Communities and Local Government, Sajid Javid, to allow fracking in Lancashire.

As reported in our blog of 22 November 2016, community group ‘Preston New Road Action Group’ (PNRAG) brought the application for judicial review of the decision to grant planning permission for fracking at the site near Little Plumpton, Lancashire (the Plumpton Site) under section 288 of the Town and Country Planning Act 1990. The challenge was based on grounds that the decision to grant the planning permission was unfair and unlawful.

It was submitted that the planning inspector’s decision to approve the Plumpton Site was flawed because it was based on arguments that were made after final submissions, and that the decision did not take into account greenhouse gas emissions associated with the fracking.

Mr Justice Dove, however, held that none of the arguments raised by PNRAG were of substance and therefore was obliged to dismiss the appeal.

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