News

Court of Appeal dismisses Lancashire fracking appeals

South downs web

Appeals by Preston New Road Action Group and Gayzer Frackman v Secretary of State & Cuadrilla [2018] EWCA Civ 9 This case involved the first horizontal wells approved for exploratory fracking in the UK. Cuadrilla’s applications involved exploratory work that would be carried out over six years, after which there would be full restoration. The greatest landscape impact would be for a period of two and a half years. Following an Inquiry in February and March 2016, on 6 October 2016 the Secretary of State granted permission to Cuadrilla to carry out exploratory works at Preston New Road. Preston New Road Action Group (acting through Mrs Susan Holliday) (“PNRAG”) and Mr Gayzer Frackman challenged the Secretary of State’s decision. In the High Court, the claimants argued that:

a. The Environmental Impact Assessment should have considered the environmental impacts of both the exploratory stage and the full production stage that might be sought for in the future;

b. The public health impacts of fracking had not been properly considered according to the precautionary principle;

c. There was procedural unfairness as Cuadrilla had changed its argument away from the statement of common ground in its closing submissions at the last minute; and,

d. The development would conflict with various planning policies.

Download your shortlist

Download All Download icon