Frack Free Balcombe Residents Association v Secretary of State for Levelling Up, Housing and Communities & Ors [2023] EWHC 2548 (Admin) (13 October 2023)

Frack Free Balcombe Residents Association v Secretary of State for Levelling Up, Housing and Communities & Ors [2023] EWHC 2548 (Admin) (13 October 2023)

The Inspector lawfully limited consideration to the exploration phase, correctly applied policy M7a as no hydraulic fracturing was proposed, rationally considered alternatives under policy M13, lawfully scoped the EIA to the exploration project and was not required to expressly quantify GHG emissions given the small scale, adequately considered climate change impacts, and any factual error regarding hydrological linkage to Ardingly Reservoir was immaterial given regulatory controls and the low risk.

Citation
[2023] EWHC 2548 (Admin)
Parties
Claimant: Frack Free Balcombe Residents Association; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Angus Energy Weald Basin No.3 Limited; Third Defendant: West Sussex County Council
Jurisdiction
England and Wales
Judgment Date
13 October 2023
Procedural Posture
Statutory Planning Challenge Under Town and Country Planning Act 1990 / High Court Judgment on Judicial Review
Outcome
Claim dismissed
Legal Topics
Statutory Planning Challenge, Environmental Impact Assessment, Hydrocarbon Exploration, Area of Outstanding Natural Beauty (aonb), Climate Change Impacts, Water Resources, Interpretation of Local Planning Policy
Planning Law Environmental Law Administrative Law Statutory Planning Challenge Environmental Impact Assessment Hydrocarbon Exploration Area of Outstanding Natural Beauty (aonb) Climate Change Impacts +2 more

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Parties

Frack Free Balcombe Residents Association

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Angus Energy Weald Basin No.3 Limited

Second Defendant

West Sussex County Council

Third Defendant

Procedural Posture

Statutory Planning Challenge Under Town and Country Planning Act 1990 / High Court Judgment on Judicial Review

Legal Issues

  1. 1 Whether the Inspector unlawfully relied on the benefits of hydrocarbon production without considering harms
  2. 2 Whether the correct local plan policy (M7a vs M7b) was applied
  3. 3 Whether alternatives outside the AONB were lawfully considered under policy M13

Ratio Decidendi

The Inspector lawfully limited consideration to the exploration phase, correctly applied policy M7a as no hydraulic fracturing was proposed, rationally considered alternatives under policy M13, lawfully scoped the EIA to the exploration project and was not required to expressly quantify GHG emissions given the small scale, adequately considered climate change impacts, and any factual error regarding hydrological linkage to Ardingly Reservoir was immaterial given regulatory controls and the low risk.

Court Disposition

Claim dismissed

Orders

  • Statutory challenge refused; planning permission stands; no relief granted to claimant.