Balcombe’s Court of Appeal result
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. This latest ruling gives Angus Energy permission to come back and flow-test for oil at Balcombe, however we feel no need to take action as following our legal case, Angus Energy would clearly be foolish indeed to come and appraise for oil at Balcombe. The judgment makes it very clear that exploration (and appraisal or testing) and production are two entirely distinct phases requiring entirely separate planning applications; there is no easy route to oil production at this site.
Should the energy company return, not only would that cost them dearly, but it would probably be a waste of time. It seems it would be very challenging for them to ever get permission to go into production at the site. Angus Energy have carried out a short well-test and now have permission to do a year-long extended well test (EWT) to see if it is worth going into oil production at the site – the long-term goal. Oil production, however, would need a whole new planning application. 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 judgements helpfully make frequent reference to the conclusive nature of the relevant planning policy on this matter: that being allowed the first stage of flow-test provides NO assumption of approval for production. It is crystal clear that each application must be judged anew and probably under more protective climate policies.
Angus Energy remains in a very difficult position
Since the original planning application was made, FFBRA has researched and gained a much deeper understanding of a number of issues that are of far-reaching importance beyond our local area. Our further understanding of the links between oil and gas work at Horse Hill and the Newdigate Earthquake swarm of 2017-18 for instance, as well our understanding of the very real water links between the well site and the reservoir which supplies thousands of homes with clean water, would be very strong reasons to stop any work at the site.
In addition the Sarah Finch Supreme court judgment (June 2024) which has halted work at Horse Hill is likely to have a significant influence on any future applications for production, making it even harder for Angus Energy to gain approval. Following the Finch case, permission to carry out oil production should now take into account the downstream emissions it will create. Angus Energy’s application to flow test at Balcombe was rejected unanimously by our WSCC representatives even before this case was concluded.
Last but not least, the degradation of air quality to the village from flaring, and for the children from higher volumes of heavy traffic passing our village primary school are well understood by our local community, councillors and MP who do not support oil exploration at the site. In order to protect the local community, the AONB and prevent further climate destruction, a future planning application should be rejected.
In short, we will fight any future application every step of the way and we will win.
