Silence from Whitehall as North Yorkshire Council Awaits Clarity on Fracking Legislation

North Yorkshire Council still awaits a formal response from the Government regarding future fracking policy as a planning decision on a new gas well in Burniston looms large.

The council’s executive member for open to business, Councillor Mark Crane, initially wrote to the Secretary of State for Energy, Ed Miliband MP, in November 2025 to seek guidance ahead of a looming decision on a controversial gas drilling rig near Scarborough.

The core of the issue involves an application by Europa Oil & Gas for a 38-metre drilling rig in Burniston, near Scarborough. While the Government has previously indicated intentions to permanently ban fracking, Councillor Crane expressed concern that the lack of a timely response may force the council to move forward without clear national guidance.

Reflecting on the situation, Councillor Crane stated:

"I wrote to Mr. Milliband a couple of months ago now and just to let people know I've not yet had a response and without a response we will clearly need to bring it to a strategic committee to make a decision.

I do understand there's a lot of anxiety in the area but whilst we don't have a reply then we have to think seriously about whether or not it's the right thing to wait and I think we will have to make a decision very soon and go to committee".

The councillor further noted that the ongoing silence might necessitate a follow-up correspondence, adding:

"I think we will have to make a decision very soon and go to committee and seek a decision from our strategic committee as to whether or not to give the go-ahead for this.

But I do understand it's causing a lot of angst in that area.

But as I say, after a couple of months, our good friend Mr. Milliband has not yet responded to me.

I think it would be good to write again to him and to copying Allison Hume".

The Burniston application has ignited a fierce debate over a perceived "loophole" in the current fracking moratorium. The developer intends to use a "proppant squeeze" method, which Europa Oil & Gas argues is a "low volume hydraulic fracture" that "in no way infringes on the law" because it uses less fluid than the 1,000m³ threshold defined in the current moratorium.

However, opponents and local representatives argue that the technique is effectively fracking by another name. Alison Hume, the MP for Scarborough and Whitby, has been vocal in her opposition, stating that she is pressing the Government to ensure any future ban covers all forms of the practice.

Ms Hume commented on the current legislative gap:

"I'm asking the government for clarity on our position. We're going to be banning fracking going forward, but I we need to make it crystal clear that this is all forms of fracking. It's the action of fracking rather than the volume of water or any other chemical. It's it's a it's a loophole, but unfortunately it's taking time to resolve this. And I realize that for my constituents, it's a really worrying time. But I remain really optimistic that not only will Main fracking be banned but also proppant squeeze as well".

The council has already received approximately 1,500 objections from third parties regarding the Burniston site. Councillor David Chance has raised concerns that, under current legislation, the local authority may find it difficult to legally refuse the application. In response, Ms Hume has confirmed she is exploring whether a minister can "call in" the application to take the decision out of the local planning process.

While the Department for Energy Security and Net Zero has been contacted for comment, the timeline for the promised legislation remains unclear. For now, North Yorkshire’s strategic planning committee prepares to make a decision in the "near future," balancing local anxiety against the current legal framework.

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