Fracking, HS2 and Heathrow... when local fears clash with national priorities

abundant source of energy.

The argument is that domestic fracking could wean us off current supplies from dubious sources in the Middle-East and Russia.

On the other side, campaigners argue that fracking will tear up local countryside, disrupt communities and increase CO emissions, at a time when climate change is high on the agenda.

As with all these things, the truth is likely to lie somewhere in the middle.

A recent High Court judgment, however, in which several of our team were involved, has come down in favour of the Government. The case was brought by environmental and community groups, after the Government granted permission for fracking to begin in Little Plumpton, Lancashire.

The claimants argued, among other things, that the Government’s assessment of the fracking application failed to consider the full impact of emissions on the environment.

They also argued the temporary harm to the landscape had not been properly assessed against the National Planning Policy Framework and local policy.

The court was not convinced however, and the Government’s actions were deemed lawful.

This judgment has several implications. The first is that it could open the door to further fracking operations, not just in Lancashire but across the country including several sites in the Midlands.

Secondly, the case is illustrative of the conflict that can arise between the concerns of local communities, and the priorities of a national government.

Elsewhere in the country we have witnessed the saga of Heathrow’s third runway and the battle is surely only just beginning along the route of HS2, through Warwickshire and Birmingham.

Finding the right balance between national priorities and local concerns will always be a difficult aspect of public policy and, with the claimants in Lancashire having hinted that they may now take the case further (to the Supreme Court), legal precedent may not yet be settled. The debate goes on. Ashley Bowes specialises in planning, property, licensing and local government law at Cornerstone Barristers