Mayor’s High Court fracking challenge dismissed

A TOWN mayor’s High Court bid to challenge an alleged change in Government policy on fracking planning decisions has been dismissed.

Paul Andrews, the mayor of Malton, North Yorkshire – the closest town to Third Energy’s planned KM8 fracking site – claims that a written ministerial statement issued in May “fundamentally changes” guidance to local planning authorities.

He argued that the statement requires local planning authorities to have regard to a new definition of fracking – which is less broad than one in previous guidance – but the Government submits that it was only “a restatement of policy”.

At a hearing in London yesterday, Mr Justice Holgate found that Mr Andrews’ proposed judicial review was “unarguable”.

He ruled: “In my judgment, the policy statement in question simply refers to two definitions of fracking... which should be considered by planning authorities when drawing up their developing plans.”

After the hearing, Mr Andrews, who raised more than £24,000 to fund the legal action, said: “I’m obviously disappointed and I’m going to consider an appeal.”

The statement - which was issued by Business Secretary Greg Clark and James Brokenshire, Secretary of State for Housing, Communities and Local Government – stated that planning authorities were expected “to recognise the fact that Parliament has set out in statute the relevant definitions” of, among other things, fracking.

Marc Willers QC, for Mr Andrews, said the statement represented “a material change in planning policy”, which was unlawful as the Government had not carried out an assessment of its effect on the environment or consulted over its introduction.

He added that the written ministerial statement had “given rise to confusion and uncertainty” as it would leave planning authorities wondering “which [definition] to plump for”.