We are extremely disappointed that our challenge to the decision of the Planning Inspector to allow oil exploration in Balcombe, a village in the Sussex Weald Area of Outstanding Natural Beauty (AONB) was not successful and that it has been rejected. 

We are speaking to our lawyers about a possible appeal.

This Wednesday we will be in the High Court for two days. We will be challenging the decision of the Planning Inspector to allow oil exploration in Balcombe, a village in the Sussex Weald Area of Outstanding Natural Beauty (AONB).

This application by Angus Energy was refused unanimously by West Sussex County Council. We thought that our ten year battle against the oil industry had been won.

But then in February 2023, the Department of Levelling Up, Housing and Communities decided to approve a second flow test for oil in our village. This well was originally drilled in 2013 and flow tested in 2018. This new flow test will involve 24/7 flaring of gases for a year, the potential industrialization of our village, noise and light pollution, disruption to natural habitats, and oversized HGVs thundering past our primary school. The proximity of the oil well to the nearby Ardingly reservoir also threats local water supplies.

This scandalous decision not only goes against the country’s need to get to net zero, it also runs roughshod over local democracy – overturning the refusal by West Sussex County Council and the opposition by Balcombe Parish Council and the local people.

It is likely that it will take several months for a judgement to be handed down after our hearing finishing on Thursday. The outcome could have significant implications beyond Balcombe.

If we are successful in our judicial review, Angus energy’s planning permission will be revoked.

At the High Court, our barristers will make six legal arguments.

Ground 1: Unlawful to rely on benefits without harms of hydrocarbon extraction.

Ground 2: Flawed interpretation of M7 of the West Sussex Mineral Local Plan

Ground 3: Unlawful failure to consider alternatives to the AONB

Ground 4: Failure to comply with EIA Regulations

Ground 5: Failure to consider the impacts on climate change

Ground 6: Unlawful failure to assess impact on water resources

We only need to win on one of these to be successful, and overturn Angus Energy's planning permission.

Thank you for your support.

We have sufficient funds for our judicial review next week. We have received funds directly into our bank account as well through Crowd Justice. We are grateful to everyone who has supported us. We couldn't have done this without you.

We now have our dates for the High Court hearing. They are 19^th to 20^th July, Royal Courts of Justice, The Strand, London.

If we are successful in court, planning permission for Angus Energy to return to Balcombe to explore for oil will be revoked. This would be a significant victory in the 10 year fight to protect this Area of Outstanding Natural Beauty.

We need your help towards the legal costs and hope that you can donate to our cause.

Great news, on the 28^th April 2023, a High Court judge ruled that we can proceed with our claim for a judicial review.

After reviewing our claim, a judge has concluded that our case deserves a full hearing. This will last two days and be held at the Royal Courts of Justice. If we are successful in court, planning permission granted to Angus Energy to explore for oil in Balcombe will be revoked.

The defendants for the case are Secretary of State for Levelling Up, Housing and Communities, Angus Energy, and West Sussex County Council.

West Sussex County Council have acknowledged that they are in an unusual position with regard to our Claim. Its Planning Committee refused Angus Energy’s application for planning permission and it opposed Angus Energy’s appeal to the Secretary of State. It is however named as a Defendant because of its role in screening out an EIA for our site.

We are very pleased to report that the judge has stated that our case is an Aarhus Convention claim. This limits our liability for the costs incurred by the three  Defendants to £10,000. This cost protection is important. Without it, we would have been exposed to unlimited costs, and would have been unable to proceed.

Our legal costs to get to this stage (permission to have a judicial review) have been  £5,275. If we lose our case then we will need £10,000 for the defendants costs and £20,000 for our (heavily discounted) legal costs. We therefore now have to raise the additional funds to meet these contingencies.

We are grateful to everyone who has helped us reach this point. We could not have done it without you, but we still need help to finish our fundraising.

We have done it! Today we served our claim for a statutory review in order to overturn the Planning Inspector’s Decision to allow Angus Energy permission to carry out an extended flow test for oil at Balcombe. Huge thanks to everyone who has made this possible.

We are seeking to have the Decision reviewed on six grounds, any one of which renders the Decision unlawful.

1. The Inspector acted irrationally by only taking into account the benefits, but not the harms, of the future extraction of hydrocarbons.

2. The Inspector unlawfully interpreted and/or applied policy M7 of the West Sussex Joint Local Minerals Plan 2018.

3. The Inspector unlawfully failed to consider alternatives to development in the Area of Outstanding Natural Beauty, as required under the exceptional circumstances test in national and local policy.

4. The decision was based on an unlawful failure to comply with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 due to two errors in the negative screening opinion, namely there was:

a) no consideration of whether the Development formed an integral part of a wider project.

b) no consideration of the environmental effects of emissions.

5. The Inspector unlawfully failed to consider the Development’s impacts on climate change.

6. The Inspector unlawfully failed to assess (or take into account an assessment of) the Development’s impact on water resources.

We have raised the £5,000 required to take us to the point of serving our claim. Our next target is to raise a further £30,000 to cover the cost of the statutory review. We have increased our deadline by a further three months to raise the necessary funds.

Join us in our fight to stop the Balcombe oil test and protect our village and the environment. Please donate whatever you can to make a difference, share with your friends and on any  social media platforms you are on.

We can’t do this without your help and are so grateful for your support.