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Fracking block by Lancashire County Council 'difficult to defend' Fracking block by Lancashire County Council 'difficult to defend'
(about 4 hours later)
Any attempt to block fracking at a site in Lancashire on environmental grounds would be "unreasonable" and costly, a senior legal adviser has warned.Any attempt to block fracking at a site in Lancashire on environmental grounds would be "unreasonable" and costly, a senior legal adviser has warned.
Lancashire County Council deferred a decision on a bid to explore for shale gas at the Little Plumpton site until Monday following the advice.Lancashire County Council deferred a decision on a bid to explore for shale gas at the Little Plumpton site until Monday following the advice.
Barrister David Manley QC said it would be "difficult, if not impossible" to defend the council's position.Barrister David Manley QC said it would be "difficult, if not impossible" to defend the council's position.
A separate bid by Cuadrilla to frack at Roseacre Wood is also being considered. A separate bid by Cuadrilla to frack at Roseacre Wood was rejected.
After private legal discussions, a motion to reject the Little Plumpton plan on environmental grounds - such as visual impact and landscape - failed on Wednesday.After private legal discussions, a motion to reject the Little Plumpton plan on environmental grounds - such as visual impact and landscape - failed on Wednesday.
Planning officers had earlier recommended for approval plans to drill, frack and test flow for shale gas at the Little Plumpton site.Planning officers had earlier recommended for approval plans to drill, frack and test flow for shale gas at the Little Plumpton site.
In a written note, David Manley QC said landscape impacts had been categorised as "moderate".In a written note, David Manley QC said landscape impacts had been categorised as "moderate".
"I have not seen any evidence that could credibly justify a contrary conclusion - on any view, impacts are highly localised, temporary and reversible.""I have not seen any evidence that could credibly justify a contrary conclusion - on any view, impacts are highly localised, temporary and reversible."
No adverse impacts to air quality, groundwater, noise and lighting had been identified, he added.No adverse impacts to air quality, groundwater, noise and lighting had been identified, he added.
Costs penaltyCosts penalty
Mr Manley said: "While a refusal which is not backed by substantial objective evidence cannot be described as unlawful, it nonetheless can readily be described as unreasonable in planning terms.Mr Manley said: "While a refusal which is not backed by substantial objective evidence cannot be described as unlawful, it nonetheless can readily be described as unreasonable in planning terms.
"If a refusal on DM2 (the relevant planning policy) were to be issued, it is highly likely that the applicant will appeal.""If a refusal on DM2 (the relevant planning policy) were to be issued, it is highly likely that the applicant will appeal."
He added there was a "high risk" that a costs penalty would be imposed on the council.He added there was a "high risk" that a costs penalty would be imposed on the council.
But Friends of the Earth Legal Advisor Jake White said Mr Manley's advice was "rushed" and "flawed" and failed to address health or noise considerations properly.
"The legal advice sits within a framework of national government policy which privileges fracking over clean wind energy technology", he added.
The county council began considering the Little Plumpton bid on Tuesday.The county council began considering the Little Plumpton bid on Tuesday.
About 200 protesters listened to the proceedings, broadcast through loud speakers, outside County Hall in Preston on Wednesday - but a decision did not arrive.About 200 protesters listened to the proceedings, broadcast through loud speakers, outside County Hall in Preston on Wednesday - but a decision did not arrive.
Fashion designer Vivienne Westwood and Green Party leader Natalie Bennett also turned up to voice their concerns.Fashion designer Vivienne Westwood and Green Party leader Natalie Bennett also turned up to voice their concerns.
'Unacceptable impact' Planners earlier dismissed plans for the company to drill at the Roseacre Wood site because of the impact on traffic.
The planning meeting continues to discuss the application for drilling at the Roseacre Wood site.
Earlier, the meeting of the county council's development control committee heard councillors had been under "intolerable pressure" in making the final ruling on the controversial process.
Councillors are expected to make a decision on the application for the Roseacre Wood site on Friday.
That application has been recommended for refusal, with planning officers maintaining there would be "an unacceptable impact" on rural roads.
Fracking - or hydraulic fracturing - is a technique in which water and chemicals are pumped into shale rock at high pressure to extract gas.Fracking - or hydraulic fracturing - is a technique in which water and chemicals are pumped into shale rock at high pressure to extract gas.