The council that approved plans for expansion of the Wressle oil and gas site near Scunthorpe will not defend a legal challenge, it was reported this morning.

Union Jack Oil and Europa Oil & Gas, partners in the Wressle site, said in statements that North Lincolnshire Council would not resist the challenge following legal advice.

Papers will be filed with the court next week and the parties expect the planning permission will be quashed.

The news comes less than two days after environmental campaigner Sandie Stratford announced that she had warned the council she would contest the planning permission.

Her challenge centred on the authority’s decision in September 2024 to approve extra drilling, production and a new pipeline without an environmental impact assessment (EIA) or consideration of the greenhouse gas emissions from burning any oil and gas from Wressle.

The council and the site operator, Egdon Resources, had argued that an EIA was unnecessary and that only emissions from site construction, operation and decommissioning must be considered.

But Ms Stratford said the council’s case relied on outdated interpretation of the law.

A landmark judgement by the Supreme Court in June 2024 – three months before the Wressle permission was granted – ruled in favour of a case brought by Sarah Finch.

This has had widespread implications for fossil fuel developments. It ruled that production applications must also consider the greenhouse gases from combustion, known as indirect , downstream or scope 3 emissions.

Ms Stratford told DrillOrDrop:

“The climate emergency demands we stop all new fossil fuel extraction, and get serious about reducing demand and increasing renewable energy sources.  Extreme weather events are the new normal; it is time to take action. 

“I’m delighted the council have recognised their error and will now properly consider the environmental impacts of oil & gas expansion in their county.”

A member of the campaign group, SOS Biscathorpe, said:

“Of course, the impact of burning oil and gas must be taken into account when assessing environmental harm.  It was illogical, unscientific and, quite frankly, ridiculous that this obvious effect had been ignored prior to the Supreme Court ruling.  We need decision-makers to assess developments with full knowledge of the facts and a proper understanding of how their decisions contribute to the climate crisis facing us all.”

Julia Eriksen, environmental team solicitor at Leigh Day, which represents Ms Stratford, said:

“This result once again demonstrates the practical impact of the Supreme Court’s judgment in Finch. As a result of that decision, it is almost inconceivable that a hydrocarbon production application could go forwards without an environmental impact assessment being carried out which considers the downstream emissions of the project. The council’s concession that the decision to grant planning permission at Wressle was unlawful is another significant climate victory in the campaign to stop fossil fuel expansion in the UK and a brilliant win for our client and the community in Lincolnshire.”

Today’s statement from Union Jack said:

“Egdon Resources UK Limited, has now been informed by North Lincolnshire Council (“NLC”) that following receipt of legal opinion and in light of the Finch Supreme Court decision, NLC will not seek to resist the proposed legal challenge brought in respect of NLC’s decision to grant the planning consent for further development of the Wressle well site.

“The proposed legal challenge is based on NLC omitting to request data that details the likely Scope 3 GHG (greenhouse gas) emissions as part of its process in granting planning approval.”

Union Jack also said that the Wressle partners had sought their own legal advice and concluded “they would not be in a position to defend the proposed legal claim”. The company said:

“It is fully expected that the planning consent will be quashed once the court process has concluded.”

Union Jack said following conclusion of the court process it would submit a new screening request about the EIA to North Lincolnshire Council with supporting data on the likely indirect emissions. The company said:

“Depending on the outcome of this screening opinion either the existing “live” application would be redetermined by NLC or an Environmental Impact Assessment would be submitted.”

The Wressle application is the latest to fall foul of the Supreme Court judgement. So far, permissions have been quashed for oil production at Biscathorpe in the Lincolnshire Wolds, the UK’s first deep coal mine for 30 years and development of fields in the North Sea.

The Supreme Court judgement does not affect planning permission for the existing production well at the Wressle site.

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