The group which secured a landmark legal judgement on climate emissions from onshore oil is calling for a block on sales extracted unlawfully at a wellsite in Surrey.

The Supreme Court quashed planning permission for oil production at the Horse Hill site near Horley on 20 June 2024. It said the consent was granted unlawfully because Surrey County Council failed to consider emissions from burning the extracted oil.

Despite this, Horse Hill, operated by a subsidiary of UK Oil & Gas plc (UKOG), continued to extract oil after the judgement. Production stopped on 25 October when UKOG instructed the company to “voluntarily suspend” work.

The Weald Action Group, represented by Sarah Finch, has now asked Surrey County Council to put a stop notice on sales of oil produced at Horse Hill after the Supreme Court judgement.

In a letter, released this afternoon, WAG said the council should warn UKOG that oil sales in contravention of a stop notice could be subject to a confiscation order under the Proceeds of Crime Act 2002.

The group also said the council must ensure no emissions were released from oil produced between the date of the judgement and when production stopped.

The total volume of oil produced since the Supreme Court judgement is not yet known because official figures are published three months in arrears. But available data shows the site produced more than 300m3 in the full months of July (163m3) and August 2024 (153m3).

WAG has estimated that burning oil produced from June to August 2024 would release almost 1,000 tonnes of greenhouse gases.

Surrey County Council told WAG last month that there had been no planning permission for the Horse Hill site since 20 June 2024. It also said it did not know if, or when, a new application would be submitted.  

At a meeting last month, the council said it considered continued oil production at Horse Hill to have been unlawful and not permitted by the authority.

WAG has also asked the council for an update about the timing and next steps for the redetermination of the quashed planning permission. In the absence of any active planning consent at Horse Hill, WAG said the council should move to restore the site.

James Knapp of the Weald Action Group said:

“Surrey County Council declared a climate emergency in 2019, yet two months later approved planning permission for 25 years of oil production from six wells at Horse Hill. They demonstrated a gross failure to act in the interests of people and planet, and to respect the Paris Agreement which is enshrined in British law.

“The Weald Action Group fought for five years to win the Supreme Court judgement which means any oil production at Horse Hill is unlawful. We have just had our hottest year ever, exceeding the “safe” limit of a 1.5C temperature increase, so more than ever before we need urgent enforcement from Surrey County Council to ensure no emissions result from the oil which UKOG has extracted unlawfully since the Supreme Court judgement.

“There is only one safe future for the Horse Hill well site, one where it is restored to nature, and we will continue to hold Surrey County Council to account until that happens.”

Julia Eriksen, a solicitor with WAG’s law firm, Leigh Day, said:

“Despite a landmark victory in the Supreme Court for campaigners at Weald Action Group in June which ruled that oil production at Horse Hill was unlawful, developers appear to have defied this judgment and continued to operate the site until October. This has now resulted in large amounts of oil being extracted during a period in which Surrey County Council has confirmed no planning permission was in place. Our clients are calling on the council to enforce June’s judgment and ensure that unlawfully extracted oil does not lead to further emissions being released.”

DrillOrDrop invited Surrey County Council and UKOG to respond.

A spokesperson for the council said:

“Surrey County Council has received this letter from the Weald Action Group and will be responding in due course.”

UKOG did not respond to our invitation.

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