Anti-fracking group from West Sussex village reveals dates to have case heard in Court of Appeal

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A group opposing fossil fuel development in Balcombe has revealed the dates to have its case heard in the Court of Appeal.

Leigh Day Solicitors, representing the group, announced that Frack Free Balcombe Residents Association (FFBRA) will have their case heard on either January 28 or 29.

Sue Taylor, a founder member 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.”

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The Middy 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 decision was made on Monday, February 13, 2023.

Frack Free Balcombe Residents Association (FFBRA) at the Court of Appeal on Tuesday, January 28Frack Free Balcombe Residents Association (FFBRA) at the Court of Appeal on Tuesday, January 28
Frack Free Balcombe Residents Association (FFBRA) at the Court of Appeal on Tuesday, January 28

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

After the 2023 decision, FFBRA launched a legal campaign to oppose the planning permission. Leigh Day Solicitors said the group’s claims were initially dismissed in October 2023, but said permission to be heard in the Court of Appeal was granted by a judge in June 2024.

Leigh Day said: “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.”

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FFBRA members argue that the Balcombe site is in a designated Area of Outstanding National Beauty (AONB) and fear that the development could have an adverse impact on local water resources in Ardingly Reservoir.

Frack Free Balcombe Residents Association are opposing hydrocarbon exploration at the existing oil well at the Lower Stumble Exploration site, off London Road. Picture: Google Street ViewFrack Free Balcombe Residents Association are opposing hydrocarbon exploration at the existing oil well at the Lower Stumble Exploration site, off London Road. Picture: Google Street View
Frack Free Balcombe Residents Association are opposing hydrocarbon exploration at the existing oil well at the Lower Stumble Exploration site, off London Road. Picture: Google Street View

FFBRA is represented by Leigh Day, as well as barristers David Wolfe KC (Matrix) and Ruchi Parekh (Cornerstone).

Some residents in Balcombe have been against oil production in the area since 2013, when developer Cuadrilla was granted a licence to drill.

Leigh Day solicitor Rowan Smith 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.”

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Rowan said: “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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