Council Asks Government for Clarity on Fracking Plans Ahead of Burniston Gas Rig Decision

North Yorkshire Council wants to know the Government’s ‘precise position’ on fracking as plans for a gas rig near Scarborough will be decided ‘in the near future’.

​The Secretary of State for Energy, Ed Miliband MP, has been asked to tell North Yorkshire Council about its plans for fracking legislation as soon as possible, in a letter shared with the Local Democracy Reporting Service (LDRS).

​The council’s executive member for open to business, Coun Mark Crane, said the authority’s strategic planning committee would be discussing the application for a 38m gas drilling rig “in the near future”.

​Europa Oil & Gas’ application in Burniston, near Scarborough, would use a controversial “proppant squeeze” method to extract gas and has faced staunch opposition from local residents and politicians, including Labour MP Alison Hume.

​In a letter to the secretary of state, Coun Crane noted that the council had received “a large number of third party representations – some 1,500 in total – expressing objection to the proposal, a significant proportion of which have made reference to what they purport to be a ‘loophole’ in the moratorium on ‘fracking’ activities.

​The letter adds:

“Within the submission, the potential operator includes reference to a propellant squeeze which – in the view of the potential operator – falls outside the definition of ‘fracking’ set out within the moratorium (representing ‘small scale hydraulic fracturing activity’ deploying less fluid than the definition of 1,000m3 per fracking stage).”

​“Third parties contend that the moratorium should include operations of this nature.”

​Speaking to the LDRS last week, a spokesperson for Europa said:

“Councillor Mark Crane is correct that the proposed proppant squeeze, which Europa has made clear throughout the planning process and in engagement with local stakeholders is a low volume hydraulic fracture, in no way infringes on the law.

​“Proppant squeeze operations are used regularly and safely across industry. We will continue to engage with all the relevant authorities in the appropriate way to explain this and address any concerns.”

​Friends of the Earth wrote to North Yorkshire Council this year notifying it of the legal opinion it had obtained, which said proppant squeeze qualifies as fracking under relevant planning policy, and that it must be considered as such when the council considers Europa’s application for planning permission.

​​Proppant squeeze procedures have been regularly used in the UK for several years, and industry experts consider the technique low volume, unlike the process formally termed “hydraulic fracturing”.

​Europa has also maintained that “it is a misconception that there is a loophole” in the fracking moratorium.

​The letter sent to Mr Miliband makes reference to his speech at this year’s Labour Party Conference, in which he

“indicated that the Government is planning to pass a new law that would ban ‘fracking’ permanently in England, and that you wanted to legislate at the earliest opportunity and launch a national campaign against fracking in the meantime”.

​It adds:

“ln light of this and the high level of public interest on the aforementioned planning application within North Yorkshire, I would be grateful if you could provide an indication as to the Government’s precise position on this matter, the timeline for any legislative changes, and specifically to provide an indication as to whether it is intended to review and/or extend the definition of hydraulic fracturing operations to which the current moratorium relates.”

​The Department for Energy Security and Net Zero has been contacted for a comment.