A campaigner opposing oil drilling in one of the UK’s most scenic areas is at the High Court this week in a case against the government and an American-owned corporation.

Mathilda Dennis has spent 10 years fighting oil plans at Biscathorpe in the protected Lincolnshire Wolds.

She is seeking to challenge a decision by the government to allow long-term production at the site, which is in an area of outstanding natural beauty (AONB).

The development by Egdon Resources, now owned by the Dallas-based Heyco Energy Group, was refused by Lincolnshire County Council in 2021.

But Egdon successfully appealed against the decision and the refusal was overturned by a government-appointed planning inspector and the communities’ secretary in November 2023.

Earlier this year, Ms Dennis, who represents the local campaign group, SOS Biscathorpe, was granted permission to bring a statutory review. A judge ruled that all the grounds of her legal challenge were arguable.

In a two-day hearing, starting on Wednesday, her legal team of Estelle Dehon and Dr Lois Lane will contend:

1. The National Planning Policy Framework (NPPF), which shapes UK planning decisions, had been misinterpreted in the Biscathorpe decision. The NPPF states that permission should be refused for major development unless there are exceptional circumstances and the development is in the public interest.
2. There was an error in law in not considering alternative proposals to the Biscathorpe project, including other means of meeting UK energy demands.
3. There was a breach of the Environmental Impact Regulations by failing to consider the impact of greenhouse gas emissions from the use of Biscathorpe oil
4. It was irrational of the government to attach great weight to the small and uncertain contribution of Biscathorpe oil to national energy security
5. There was no evidence for the assertion that Biscathorpe oil would have an output from other countries

The case will be defended by lawyers for the secretary of state and Egdon Resources. If the judge rules that the permission had been granted unlawfully, the decision will be quashed.

Mathilda Dennis said:

“As the UN Secretary General has said ‘new oil development is moral and economic madness’.  The climate and ecological crisis is irrefutable and becoming more urgent by the day – we hope that the High Court Judge will take this into consideration when reviewing the decision about Biscathorpe.”

Amanda Suddaby of SOS Biscathorpe said:   

“Areas of Outstanding Natural Beauty have recently been re-branded ‘National Landscapes’ to reflect the important role they play in mitigating against climate change and ecological breakdown. It is therefore impossible to see how fossil fuel development in these precious areas can be justified.  It defies all logic.

“We are pleased that a High Court Judge will now consider the balance between a small and uncertain quantity of oil that will probably be exported against the requirement to protect and enhance a National Landscape considered vital in the fight against climate change and biodiversity loss.”

Leigh Day solicitor Julia Eriksen, who represents Mathilda Dennis of SOS Biscathorpe, said:

“Our client will argue that the Secretary of State acted unlawfully and irrationally in overturning Lincolnshire County Council’s decision to refuse planning permission. This case is one of several dealing with fossil fuel development in protected areas in the name of energy security – it raises important issues around the correct interpretation of national planning policy for these major developments in an Area of Outstanding Natural Beauty”.

SOS Biscathorpe has raised £22,000 to fund the legal fees for the case.

DrillOrDrop has closed the comments section on this and future articles. We are doing this because of the risk of liability for copyright infringement in comments. We still want to hear about your reaction to DrillOrDrop articles. You can contact us by clicking here.