“Rolled up” hearing – first step towards a full hearing Judicial Review of NYCC’s decision to allow Third Energy to frack KM8

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Following the decision by North Yorkshire County Council on 23rd May 2016 to grant permission to allow Third Energy to frack at Kirby Misperton near the North Yorkshire Moors National Park, Friends of the Earth and local residents’ group, Frack Free Ryedale applied to the High Court for a judicial review of the NYCC decision.  FOE said:

The key reasons for pursuing legal action are:
•    The council’s failure to properly assess climate change. This is because the council did not consider the environmental impact of burning gas extracted to create electricity at a nearby power station in Knapton;
•    The council also failed to secure long term financial protection against environmental damage.

These are the main areas that have led us and Frack Free Ryedale to believe that the decision taken on 23 May was unlawful.

Despite the clear rejection of fracking by residents in North Yorkshire and by 99.2% of people who responded to the council’s consultation on the plans, the council voted on 23 May to allow Barclays-owned Third Energy to frack in Kirby Misperton, Ryedale.

The case proceeded to the “permission stage” and a Judge has now ordered a “rolled up” hearing to decide whether or not a full hearing should be carried out.  If permission is granted, the claim goes to a full hearing on its merits.  The “rolled up” hearing will be heard before the end of October!

There is a lot happening in the autumn that will affect our lives forever!

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