Councillors set to oppose Ryedale fracking plan

Ryedale Council planning officers have recommended members oppose an application by Third Energy to carry out test-fracking operations at Kirby Misperton.

Members of the council’s planning committee have been told there are concerns about the impact Third Energy’s activities could have on “heritage assets” in the area.

Particular worries have been expressed about the failure to consider the impact of heavy lorries using a grade II listed bridge over nearby Costa Beck.

A report to the committee also tells members that North Yorkshire County Council has asked Third Energy for more information about the potential environmental implications of its proposals.

North Yorkshire County Council is responsible for taking the final decision and Ryedale Council’s position will be taken into account alongside representations from a range of other bodies and individuals.

However, Ryedale Council’s solicitor has told councillors that the authority cannot legally impose a blanket ban on fracking in the district.

Councillors recently passed a motion calling for a five-year moratorium on fracking in Ryedale because of health and environmental concerns.

But in the report to be considered by councillors tomorrow, the authority’s solicitor writes: “Local authorities do not have a statutory power to implement a moratorium on determining planning applications for fracking.”

The solicitor says that the council’s response to any consultation about fracking applications “are not affected by the resolution” passed by councillors.

The advice is consistent with that offered to councillors across Yorkshire where attempts have been made to ban fracking.

Councils’ legal advisors have repeatedly warned that doing anything other than treating each application on its merits would leave decisions open to challenge in the courts.

North Yorkshire County Douncil has until November 18 to decide whether to grant permission for Third Energy’s plans unless an extension is agreed.

In an attempt to speed up decision-making, the Government has warned councils that Ministers will take the responsibility if local authorities sit on applications.

Liberal Democrats in Yorkshire have adopted a position of outright opposition to “all forms of unconventional extraction of fossil fuels”.

Coun Di Keal, a Ryedale councillor who put forward the motion at the partyy’s regional conference, said: “Our climate, our countryside, our children and our grandchildren need us to take a stand and oppose fracking and other methods of unconventional fossil fuel extraction and fight against the industrialisation of North Yorkshire.”

The Government has given its full support to the development of a UK fracking industry but little progress has been made in the face of widespread public opposition.

In June, Lancashire County Council refused permission to frack at two sites.