Oil production in Biscathorpe
By Law News
The decision to permit oil drilling in Biscathorpe, Lincolnshire Wolds AONB, is quashed after the Secretary of State's concession, influenced by a Supreme Court ruling on fossil fuel emissions
A decision to allow oil drilling in the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB) has been quashed following a concession from the Secretary of State, spurred by a landmark Supreme Court judgment on fossil fuel production.
Campaigner Mathilda Dennis, supported by SOS Biscathorpe, challenged the planning inspector's decision to overturn Lincolnshire County Council’s refusal for exploratory oil drilling and production in Biscathorpe. The High Court heard the case in June 2024, but judgment was pending.
The concession follows a Supreme Court ruling halting a similar oil production plan in Surrey, prompting the Secretary of State for Levelling Up, Housing and Communities and Egdon Resources to concede the case. The Supreme Court found that decision-makers must consider downstream emissions in Environmental Impact Assessments before deciding on fossil fuel projects.
In 2021, Lincolnshire County Council denied Egdon Resources permission for further exploratory drilling and 15 years of oil production after a failed exploratory drill in 2018. However, the Secretary of State overturned this decision in November 2023, despite acknowledging the adverse landscape impacts, policy contraventions, and uncertain oil output.
SOS Biscathorpe, represented by Leigh Day, argued that the negative environmental impact outweighed the uncertain benefits to national energy security. The Lincolnshire Wolds, with its ecologically important chalk streams, supports vulnerable plants and species such as otters, voles, and kingfishers.
The Supreme Court's June 2024 ruling declared the Horse Hill oil production site in Surrey unlawful, setting a precedent that planning permissions for fossil fuel projects must assess downstream emissions.
Following the defendants' concession, the 2023 decision allowing further drilling and production in Biscathorpe will be quashed.
Amanda Suddaby from SOS Biscathorpe stated: “We are delighted that 10 years of hard work and campaigning have finally paid off. It’s encouraging that senior judges recognise the importance of public participation in addressing climate crisis issues. We hope this leads to a better understanding of the harm each new fossil fuel development represents.”
Mathilda Dennis added: “We’re thrilled that our efforts have paid off, not just for Biscathorpe, but also as encouragement for others fighting similar battles. The Finch ruling and our case make clear the link between fossil fuel extraction and the climate crisis cannot be ignored.”
Dale Vince, who supported the campaign, said: “In its final days, the fossil fuel-obsessed Conservative government had to accept they were breaking the law by ignoring the climate impact of their planning decisions. The Finch ruling, now a legal precedent, mandates that the impact of burning fossil fuels be included in Environmental Impact Assessments, which will significantly impact Britain’s green transition.”
Leigh Day solicitor Julia Eriksen, representing the campaigners, commented: “We are pleased with this positive outcome and proud to support the local community in their fight against fossil fuel development. This case highlights the significant implications of the Supreme Court's June judgment, ensuring that planning inspectors must consider downstream emissions when evaluating fossil fuel applications. We hope this success in Lincolnshire is a positive sign for similar ongoing cases.”