
Opponents of Balcombe fossil fuel development set to have case heard in Appeal Court
Frack Free Balcombe Residents Association (FFBRA) will have their legal case opposing a fossil fuel development in Balcombe, Sussex, heard in the Court of Appeal on 28 or 29 January.
Posted on 23 January 2025
Planning permission for the development was granted in February 2023 for a site near the village of Balcombe following an appeal by developer Angus Energy, after its initial application was refused in 2021.
FFBRA subsequently launched a legal campaign opposing planning permission. While its claim was initially dismissed in October 2023, permission to be heard in the Court of Appeal was granted by a judge in June 2024.
The Balcombe site sits in a designated Area of Outstanding National Beauty (AONB) - a countryside area protected to conserve and enhance its natural beauty.
The development would see an exploratory well test conducted for up to a year, which would involve a continually burning flare. If successful, it would likely lead to long-term oil production in the area.
FFBRA, which is represented by Leigh Day plus barristers David Wolfe KC (Matrix) and Ruchi Parekh (Cornerstone), says that the development would be damaging for the village and local environment due to the release of toxic emissions, with the nearest housing 350 metres away from the site.
The group argues that the development would have an adverse impact the area’s local water resources in Ardingly Reservoir, which they say was overlooked in a previous judgment on the case.
They also argue that the judgement to uphold planning permission incorrectly interpreted local guidance on fracking and national policy relating to AONBs, and failed to properly consider the harms of extracting hydrocarbons.
The grounds for appeal granted are:
- The judge was wrong to hold that the planning inspector did not take into account the benefits of the future extraction of hydrocarbons, which FFBRA argues it did, whilst excluding the harms of it.
- The judge and planning inspector failed to correctly interpret policies from the West Sussex Joint Local Minerals Plan 2018, by ignoring that the future production phase may include hydraulic fracturing (fracking).
- The judge and planning inspector did not correctly consider the exceptional circumstances relating to the development being in an AONB, by misinterpreting the legal test and failing to properly consider the scope of alternatives to the development outside of the AONB.
- The judge wrongly dismissed the complaint that the planning inspector had failed to take into account the development’s impact on Ardingly Reservoir.
Residents in Balcombe have been fighting oil production since 2013, when developer Cuadrilla was granted a licence to drill in the area.
The hearing will be available to watch online via a live-stream video. Please click here for details.
Sue Taylor, one of the founder members and current chair of FFBRA, said:
“The prospect of an oil well has been hanging over this village since 2010. This is our third court hearing and the fourth planning application. We very much hope it will be the last one. Oil development should not take place close to human habitation. If the country needs hydrocarbon products, then we should extract them carefully and use them wisely. Flaring and venting toxic gas into human habitation is an unnecessary health hazard. It is unwise to risk pollution of the limited South East water sources for the relatively small amounts of oil and gas that can be extracted from a shale well site.”
Leigh Day solicitor Rowan Smith, who represents FFBRA, said:
“We look forward to our clients making their case in the Court of Appeal, which will highlight a number of important issues that they believe were missed in the initial judgment, including harm to local water resources and the negative impact of future oil production. It is important to ensure that the harms of hydrocarbon extraction are properly considered, particularly when the development is proposed for an area of countryside designated for protection and conservation.”

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