Parish Councillor challenges Fracking

Home » Newsroom » Parish Councillor challenges Fracking

An environmental campaigner has won the right to mount a High Court challenge against a fracking licence which he claims is "unlawful".

fracking rig

IGas Energy is drilling in search of fossil fuels around Chester after being granted a petroleum exploration and development licence (PEDL) in 2008.

The licence has since been extended by the government until 2018.

Benjamin Dean from Cheshire was granted permission to seek a judicial review of this extension.

Government figures reveal only five wells of 13 had so far been drilled to explore for hydro carbons between 2008 and 2014.

 

'Exceeded powers'

The PEDL was amended in 2013 to extend it by three years, and then given a second extension earlier this year by the then Business Secretary Amber Rudd, until 2018.

Mr Dean, is trying to stop the remaining wells being completed and said the extension was "unlawful".

He argues the government "exceeded its powers" when it altered the PEDL.

David Woolfe QC told London's High Court: "Mr Dean submits that the defendant had no power to amend the licence in that way by a deed of variation... in particular extending a key deadline... because there was no power within the Petroleum Act or the regulations to do so."

Eric Metcalfe, for the secretary of state, argued that arrangements between the government and the company over the drilling licence were "purely contractual" and not governed by public law.

However, Mrs Justice Lang granted Mr Dean permission to mount a full High Court challenge and placed a £5,000 cap on legal costs Mr Dean will have to pay personally if he loses his challenge.

She said: "Mr Dean's objective is to protect the environment by preventing the extension of the drilling rights, not only on the basis that the exploration could potentially lead to fracking, but harm from the drilling itself," she said.

A full hearing will be held next year.
Ed. Mr Dean is a Tarvin Parish Councillor since August 2016. This story was on the BBC Local Liverpool news on 15/12/16

popular recent storiesAlso in the news

mHeiLSHLGGeHoZwWSc6ZN6w
Thu 16 Aug 6:00am  |  hits: 562

CWAC have recently issued a consultation document about a proposal to give most of Tarvin Roads a 20 mph speed limit. This assumes the Editorial team have interpreted the map correctly. Almost everywhere seems to be coloured blue to us! Have a look at the document and see what you make of it.A Traffic Regulation Order for the new speed limit will be...

Tarvin Rocks
Tue 14 Aug 6:00am  |  hits: 368

Have any of you seen some brightly coloured rocks hiding around Tarvin recently? Have you been wondering why they are there? What are they for? Well it's a game called Tarvin rocks. Jane Tordoff started this game off in Tarvin and it has been a huge success. So far the group has 138 members and rocks have been found and re hidden all around the village. Anyone can take part...To...

Pre-School nursery
Sun 12 Aug 6:00am  |  hits: 320

Tarvin pre-school published this on their Facebook page Monday 6th August.'It sadly appears that our new woodland development area has been vandalised over the weekend. Iit cost a lot of money to build this for our children and as we have come to use it today for our forest week we have had to tidy it back up ready for the children to use.This is not the first time it has...