Protest group granted statutory review of fracking decision

A community group from Harthill in Yorkshire is bringing a legal challenge against the Secretary of State for Housing, Communities and Local Government over whether a planning inquiry involving fracking was properly conducted.

Harthill Against Fracking (HAF) objects to a decision by the Planning Inspectorate to approve exploratory drilling.

Law firm Leigh Day, which is acting for HAF, said the group had been granted permission for a statutory review under section 288 of the Town and Country Planning Act 1990.

HAF will ask the court to consider whether the inspector acted in breach of the rules of natural justice by refusing to adjourn the inquiry to consider new evidence on highways issues.

The group said the late evidence and outstanding request for an adjournment -  which was not decided upon until the first day of the hearing - left it without knowledge of the full case until the inquiry had started and that it was therefore unable to properly respond to the case of fracking firm Ineos.

Solicitor Anna Dews said: “Our client believes the planning Inspector’s decision was wrong in law because the Inspector acted in breach of the rules of natural justice.

“By admitting key evidence, served on our client by Ineos only ten days before the inquiry started, and about which our client was unable to respond properly, we believe the inspector breached the common law.”

The group was granted an Aarhus Convention environmental costs cap.