A legal challenge against the Secretary of State's decision to grant planning permission for the construction and operation of an exploratory site for hydraulic fracturing, or fracking, has been refused.
In June 2015, Lancashire County Council refused permission for the development on the grounds that it would adversely impact on the landscape and visual amenity and would also cause high noise levels. The applicant, Cuadrilla, subsequently appealed the decision to the Secretary of State and the appeal was granted in October 2016, paving the way for the exploratory site to open.
However, in the case of Preston New Road Action Group v Secretary of State for Communities and Local Government, a request was made for a review into the grant of permission on the basis that the decision was flawed. In particular, it was argued, amongst other things, that the inspector's view that the harm to the landscape was short-term and therefore did not breach local policy was wrong.
Considering this argument, Mr Justice Dove found that due to the nature of the policy, the temporary nature of the harm to the landscape did not constitute a breach of local policy and that the planning inspector's interpretation of that policy was correct. Importantly, the remediation work that will be carried out at the end of the project is consistent with other local policies that aim to reduce environmental harm.
Mr Justice Dove concluded overall that the grounds argued by the claimant were not "made out in substance" and dismissed the claim.
