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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 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 penalty | Costs 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. |
Planners earlier dismissed plans for the company to drill at the Roseacre Wood site because of the impact on traffic. | |
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. |
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