Lancashire fracking approval sets 'powerful precedent' for UK shale, says expert

Communities secretary Sajid Javid's decision in favour of energy firm Cuadrilla "provides the chink in the armour of fierce opposition needed to give shale gas an opportunity to thrive in the UK", according to energy and planning law expert Mike Pocock of Pinsent Masons, the law firm behind Out-Law.com.

Although Javid's decision in favour of fracking at the Preston New Road site in Little Plumpton near Blackpool, Lancashire, could still be challenged through the courts, the grounds of any such challenge would be "constrained to narrow grounds, such as a point of law or procedural error", Pocock explained.

"Therefore, while opposition could attempt to slam the brakes on development through legal challenge, this is not an opportunity to re-open the merits of the proposals which are a matter for the secretary of state not the courts," he said.

"The frenetic debate around fracking underscores the need for efficient and robust energy regulation. There is concern in some quarters that the current town and country planning regime is a too complex and emotive system for high-profile planning applications of this kind. Government must support fair and balanced process which includes full community consultation, but carried out in a more rigorous and streamlined manner," he said.

"The aim is to reach decisions that can withstand the stress test of public and political scrutiny, so we can avoid the endless cycle of appeals and delays which are time-consuming and costly for campaigners on both sides of the argument," he said.

Cuadrilla's applications for permission to conduct drilling, hydraulic fracturing and gas flow testing at the Preston New Road site, as well as another site in Roseacre Wood, were rejected by Lancashire County Council last summer. The decisions were taken on the grounds of noise and visual impact, as well as the anticipated increase in heavy goods vehicles using local roads at the Roseacre Wood site.

Javid has now overturned the council's decision on the Preston New Road site, but has deferred a decision on the Roseacre Wood site in order to give Cuadrilla time to develop measures to minimise traffic problems. However, he is "minded" to grant planning permission for Roseacre Wood, "subject to being satisfied that the highway safety issues identified by the [Lancashire planning inspector] can be satisfactorily addressed".

In May, North Yorkshire County Council's planning committee voted seven to four in favour of allowing Third Energy to frack for shale gas at an existing well outside the village of Kirby Misperton. An application for judicial review of the decision has been filed with the High Court by a coalition of campaigning groups, led by Friends of the Earth.

Fracking is a process which involves pumping water at high pressure into rock to create narrow fractures through which trapped natural gas can flow out and be captured.