Preston New Road Action Group v Frackman & Ors [2017] EWHC 808 (Admin) (12 April 2017)

Preston New Road Action Group v Frackman & Ors [2017] EWHC 808 (Admin) (12 April 2017)

The court held that the Secretary of State's decision to grant planning permission for exploratory fracking at Preston New Road was lawful. The Environmental Statement was adequate under the EIA Regulations. The Secretary of State properly considered and interpreted the relevant development plan policies, including EP11, DM2, and CS5, and was entitled to give weight to national policy and ministerial statements supporting shale gas exploration. The regulatory regime for fracking was found to be sufficiently robust, and the Secretary of State's assessment of climate change and public health impacts was rational and lawful. No error of law was established in the decision-making process.

Citation
[2017] EWHC 808 (Admin)
Parties
First Claimant: Preston New Road Action Group (Through Mrs Susan Holliday); Second Claimant: Gayzer Frackman; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Lancashire County Council; Third Defendant: Cuadrilla Bowland Limited; Fourth Defendant: Cuadrilla Elswick Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment (planning Court, Queen's Bench Division)
Outcome
Claim dismissed
Legal Topics
Statutory Review of Planning Permission, Environmental Impact Assessment, Hydraulic Fracturing (fracking), Development Plan Policy Interpretation, Climate Change Obligations, Public Health and Regulatory Adequacy
Planning Law Environmental Law Administrative Law Statutory Review of Planning Permission Environmental Impact Assessment Hydraulic Fracturing (fracking) Development Plan Policy Interpretation Climate Change Obligations +1 more

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Parties

Preston New Road Action Group (Through Mrs Susan Holliday)

First Claimant

Gayzer Frackman

Second Claimant

Secretary of State for Communities and Local Government

First Defendant

Lancashire County Council

Second Defendant

Cuadrilla Bowland Limited

Third Defendant

Cuadrilla Elswick Limited

Fourth Defendant

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment (planning Court, Queen's Bench Division)

Legal Issues

  1. 1 Whether the Secretary of State's decision to grant planning permission for exploratory fracking at Preston New Road was lawful
  2. 2 Whether the Environmental Statement was adequate under the EIA Regulations
  3. 3 Whether the decision was consistent with development plan policies (notably EP11, DM2, CS5)

Ratio Decidendi

The court held that the Secretary of State's decision to grant planning permission for exploratory fracking at Preston New Road was lawful. The Environmental Statement was adequate under the EIA Regulations. The Secretary of State properly considered and interpreted the relevant development plan policies, including EP11, DM2, and CS5, and was entitled to give weight to national policy and ministerial statements supporting shale gas exploration. The regulatory regime for fracking was found to be sufficiently robust, and the Secretary of State's assessment of climate change and public health impacts was rational and lawful. No error of law was established in the decision-making process.

Court Disposition

Claim dismissed

Orders

  • Applications for statutory review dismissed
  • Planning permission for exploratory fracking at Preston New Road upheld