Anti-fracking group vow to ‘fight any future application’ in West Sussex village after losing in Court of Appeal

All three judges dismissed the case by Frack Free Balcombe Residents’ Association (FFBRA) against Angus Energy being allowed to test an oil well in a judgement dated Wednesday, April 16.

The hearing dates were Tuesday and Wednesday, January 28-29, and people can read the judgement document at www.bailii.org.

A FFBRA spokesperson said on Sunday, June 8: “We might have lost the battle but we are closer to winning the war. While the result of our legal case wasn’t what we’d hoped for, the devil’s in the detail which seems to be on our side. Frack Free Balcombe Resident’s Association is disappointed to have lost its High Court Appeal, but take heart that the clarifications in the judgements handed down from the High Court and the Court of Appeal have still strengthened its position.”

FFBRA said the judgement means Angus Energy has permission to flow-test for oil at Balcombe but said the document shows that exploration (and appraisal or testing) and production are ‘two entirely distinct phases’. The group believes separate planning applications would be needed, saying: “There is no easy route to oil production at this site.”

The group said: “It seems it would be very challenging for them (Angus Energy) to ever get permission to go into production at the site.”

FFBRA added: “Our court case has assisted in clarifying the possible legal arguments around future production at the site and arguably narrowed the pathway to production.”

The Mid Sussex Times reported in 2023 that an independent planning inspector had permitted an appeal from Angus Energy to undertake 30 months of hydrocarbon exploration at the existing oil well at the Lower Stumble Exploration site, off London Road. The Appeal Decision was made on February 13 that year and was welcomed by Angus Energy while being met with dismay from FFBRA members. In the decision, the inspector said the benefit of exploration outweighed any adverse impact on the Area of Outstanding Natural Beauty (AONB), adding that ‘the national need is the overriding consideration’. They said: “There remains a significant national need for onshore hydrocarbon exploration and assessment for considerable time to come.”

Some Mid Sussex District councillors were disappointed, arguing that West Sussex County Councillors had previously refused a 2020 application due to ‘the adverse impact on the High Weald Area of Outstanding Natural Beauty’. Application WSCC/045/20, dated August 20, 2020, was refused by notice dated March 10, 2021.

FFBRA then launched a legal campaign against the 2023 appeal decision. Leigh Day Solicitors, representing them, said FFBRA’s claims had been dismissed in October 2023, but permission to be heard in the Court of Appeal was eventually granted in June 2024.

The court has now rejected the group’s arguments against the inspector’s decision. According to the judgement document dated April 16, 2025, the court found the inspector was correct to apply policy M7a of the West Sussex Minerals Plan. The court said the inspector ‘dealt properly’ with alternatives to the proposal for hydrocarbon exploration at Balcombe and lawfully applied the relevant policies. The court also found that the inspector’s conclusion that there was no unacceptable risk of water pollution, including to Ardingly Reservoir, was, in its context, ‘unimpeachable’.

In their recent statement, FFBRA said the local community is particularly concerned about air quality in Balcombe, climate change, and the possibility of heavy traffic going past the school. The group said: “We will fight any future application every step of the way and we intend to win.”

Angus Energy has been approached for comment.