As reported in our blog post dated 7 October 2016, the Government recently ‎overturned Lancashire County Council’s refusal of planning permission for fracking at a site near Little Plumpton in Lancashire.

The appeal was granted by the Secretary of State for Communities and Local Government on 6 October 2016 allowing the appellant, Cuadrilla, to carry out drilling and hydraulic fracturing at the site; a decision on a second site at Roseacre Wood was deferred so as to allow more time to consider the scheme’s traffic impacts.

Now, community group ‘Preston New Road Action Group’ is seeking to challenge the Government’s decision to allow the appeal. In a letter before action, it has requested that the Government reconsiders its decision; otherwise, the Group will consider bringing a statutory challenge under section 288 of the Town and Country Planning Act 1990.

The Group claim that the decision is fundamentally flawed in its misapplication of planning laws and policy. It is also claimed that the Government did not properly consider the allegedly disproportionate effect that fracking on the site would have on vulnerable residents such as the elderly and school children nearby.

By way of update to our blog post dated 12 July 2016, the judicial review of the decision by North Yorkshire County Council to allow fracking at a site in Kirby Misperton near the North Yorks Moors National Park will be heard in‎ the High Court on 22-23 November 2016. The challenge is being brought by community group ‘Frack Free Rydeale’ and Friends of the Earth.