Harthill Against Fracking's judicial review case dismissed

By Gareth Dennison | 05/02/2019

Harthill Against Fracking's judicial review case dismissed

HARTHILL Against Fracking’s judicial review against chemical company Ineos being allowed to drill in the village has failed.

Campaign group chairman Les Barlow was granted the review in October over the decision to allow a 2,800-metre exploratory well at Common Road.

Planning permission was given after an appeal by Ineos last summer — but HAF complained that key evidence had been submitted late for the inquiry.

The judicial review was heard by Mrs Justice Andrews at the High Court in Leeds last month, when HAF argued that its request for an appeal adjournment should have been approved by inspector Stephen Roscoe.

But the review judgment from Mrs Justice Andrews said: “I have concluded that the inspector’s refusal to adjourn the inquiry did not deprive the claimant of a reasonable opportunity to challenge Ineos’ case.

“There was no procedural unfairness, and there was no material prejudice.

“I am satisfied that Mr Barlow and HAF were afforded a reasonable opportunity of putting their case to the inspector.”

Ineos’ test well could lead to hydraulic fracturing — or fracking — at the same site if underground conditions are found to be favourable.

Mr Barlow (left) said: “We are extremely disappointed at the outcome. Ineos has won the latest battle but not the war.

“We are taking legal advice on what we can do next.”

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