Planning Court to hear challenge of ministerial approval of oil and gas well near Area of Outstanding Natural Beauty
The Planning Court has agreed to hear a statutory review challenge of the Secretary of State of Levelling Up, Housing and Communities Michael Gove's decision to grant planning permission for an exploratory oil and gas well bordering an Area of Outstanding Natural Beauty (AONB).
Local community group, Protect Dunsfold, received permission yesterday (2 March) for its claim to be heard. It will argue that the decision went against policies in the National Planning Policy Framework (NPPF) and was inconsistent with a previous decision to refuse permission for a similar well.
The planning permission, which involves creating a borehole on land adjacent to an AONB and in the Surrey Hills Area of Great Landscape Value, was twice refused by Surrey County Council.
However, the applicant, UK Oil & Gas, appealed the decision to the Government.
Planning Inspector Phil Barner later recommended approval of the plan, and the then-Housing Minister Stuart Andrew green-lighted the planning application on behalf of Gove.
The inspector said overall harm to the AONB would be moderate, but Protect Dunsfold argued the AONB issue should have been given more weight.
Protect Dunsfold subsequently launched its challenge in July 2022 and will now argue that:
- it was inconsistent with the policies of the National Policy Planning Framework (NPPF), which say great weight should be given to conserving and enhancing the landscape and scenic beauty in AONBs;
- it was inconsistent with a decision on a similar application in Ellesmere Port, Cheshire, in the summer of 2022. "In that case, an application to extract natural gas, the Local Government Secretary refused planning permission because he found that the development would have an unacceptable level of greenhouse gas emissions."
Commenting on the news, Director of Protect Dunsfold, Phil Travis, said: "The Judge's decision today has emphasised the inconsistencies of the Secretary of State's decision-making process over fossil fuel exploration schemes.
"It's very encouraging to see that the courts have now recognised that climate change and environmental issues should be a central consideration when it comes to planning matters. We have always hoped that our campaign would mark a new era of resistance against fossil fuel exploration and extraction projects."
Protect Dunsfold is being represented by lawyers at Leigh Day and supported by the Good Law Project.
Travis noted that the organisation is also working alongside Waverley Borough Council, which opposes the project.
Leigh Day solicitor Ricardo Gama added: "It was very odd for the Secretary of State to ignore the impacts of greenhouse gas emissions when granting planning permission for the Dunsfold project, and on the very same day to refuse planning permission based on greenhouse gas emissions for a very similar project which would produce fewer emissions."
The Department for Levelling up, Housing and Communities declined to comment on the litigation.
The result of the statutory review is expected later this year.
Adam Carey
