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02
Feb 2023
North Yorkshire County Council issued legal warning over opposing fracking
North Yorkshire County Council has been warned its decisions over some major developments could be ruled invalid if it approves an opposition move to brand fracking as “inappropriate”.
Senior council legal officers have issued the advice to its decision-making executive ahead of it on Tuesday considering notices of motion tabled by Liberal, Liberal Democrat and Green councillors over potential fracking schemes.
The motions call for the council to agree fracking activities are inappropriate where a council has declared a climate emergency.
The Green motion says fracking would be in direct conflict with the council’s high-profile carbon reduction plan and its emerging climate change strategy.
The motions, which were tabled in November, follows City of York Council, with which North Yorkshire Council is set to form a combined authority to lead major decisions, voting unanimously that fracking “poses unacceptable risks to people, livestock, wildlife, the climate and the environment”.
In October, another neighbouring authority, East Riding of Yorkshire Council, voted to oppose fracking in its jurisdiction.
Prime Minister Rishi Sunak declared his support for a moratorium on fracking in October and while there are no active planning applications to frack in North Yorkshire, energy companies have numerous licences to explore for oil and gas in the county.
Read more:
- Harrogate and Knaresborough MP denies voting in favour of fracking
- North Yorkshire County Council finally declares climate emergency
- Call for council to oppose fracking in North Yorkshire
However, an officer’s report to the executive meeting highlights legal implications of a council stating its opposition to fracking.
It states while the council has declared a climate emergency, it has a statutory duty to consider any applications for fracking in the county and be seen to act fairly in the decision-making process.
The report adds, if approved, the motions could give the impression that the council and its members have a pre-determined view or are biased in dealing with planning applications for fracking.”
Green Party Cllr Arnold Warneken.
The officer’s report warns planning decisions could be ruled invalid “by reason of pre-determination”.
It says:
Green councillor Arnold Warneken, who proposed one of the motions, said if councils such as East Riding could put its opposition to fracking in place, so could North Yorkshire.
He said:
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