Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire

A planning inspector's decision to overturn Lincolnshire County Council's refusal of permission for further oil drilling in a village has been subject to a judicial review application.

The claimant argues that the inspector, who found that drilling for oil was in the public interest and therefore met the test for exceptional circumstances, misinterpreted the National Planning Policy Framework (NPPF) and breached the Environmental Impact Regulations 2017.

Lincolnshire County Council refused permission for an application to continue drilling for another 15 years at Biscathorpe in 2021. However, the firm appealed to the Planning Inspectorate, who recently overturned the decision.

The main issues considered by the inspector were whether the proposal would impact the landscape and scenic beauty of the Lincolnshire Wolds Area of Outstanding Natural Beauty and whether the proposed development was justified by exceptional circumstances or the public interest.

In their report published in November 2023, the inspector found all adverse impacts of the development could be acceptably mitigated in planning terms, but there would be an adverse impact on the landscape and scenic beauty of the AONB.

They concluded that oil production is in the national interest "in the context of ensuring energy supply security in the transition to a low carbon economy".

The inspector said the test of providing exceptional circumstances to justify the proposed major development in the AONB had, therefore, been met, and the development would be in the public interest.

Mathilda Dennis, who is a member of the campaign group SoS Biscathorpe, has applied for a statutory review of the inspector's decision.

She has lodged her claim on the following grounds:

• The NPPF guidance about major development in AONBs, which states that permission should be refused unless there are exceptional circumstances and the development is in the public interest, had been misinterpreted.
• There had been an error of law in not considering alternative proposals, including other means of meeting UK energy demands.  
• There had been a breach of the Environmental Impact Regulations 2017 by failing to consider whether the inevitable downstream greenhouse gas emissions that would arise from burning the oil were relevant to determining the environmental impact of the project.
• The great weight attached to the development's small and uncertain contribution to national energy security was irrational.
• There was no evidence for an irrational assertion about the impact of the development on oil output in other countries.

Dennis, who is being represented by Leigh Day Solicitors, also claims that the Environmental Impact Assessment submitted by Egdon did not consider the "Scope 3" downstream emissions from the use of any oil that may be found.

Leigh Day solicitor Julia Eriksen said: "The inspector acknowledged that the development would cause harm to the AONB. However, our client believes he allowed the appeal regardless on an incorrect basis. We are pleased to support our client in the next step of their long battle of fighting oil development in the Lincolnshire Wolds AONB by bringing this claim for statutory review."

Counsel instructed are Estelle Dehon and Dr Lois Lane of Cornerstone.

Adam Carey