A retired geologist has warned North Yorkshire councillors they risk embarrassment or even legal action over the handling of a planning application for gas drilling at Burniston near Scarborough.

Tony Kearsley, from Ravenscar, wrote to members of North Yorkshire Council’s strategic planning committee, which is due to consider the Burniston proposals on Friday (30 January 2026).

The application, submitted by Europa Oil & Gas, seeks to drill to a depth of more than 2km and carry out a proppant squeeze, a form of lower-volume hydraulic fracturing.

Mr Kearsley told the committee earlier this week that some crucial geological information had not been included in the application because a wrong form had been used.

He said a “serious problem is looming” and a “suite of omissions” in a report by officers may “form the basis of embarrassment (if not legal action)” if not addressed at this stage.

He called for clarity and greater transparency from the council on the way the application had been dealt with.

“The wrong form”

Mr Kearsley’s concerns centre on the validation checklist used by Europa when it submitted its planning application last year.

The company used form NYPA15, which is intended for near-surface activity. This could include digging small pits or shallow boreholes.

Mr Kearsley said NYPA15 does not cover all the requirements for deep drilling applications requested by another form, NYPA17.

Mr Kearsley said:

“NYPA17 has explicit and clear requirement for more detailed geological information – which Europa have not submitted in any form in their application and indeed cannot possess (prior to their proposed 3D seismic survey).”

DrillOrDrop asked Europa why it used NYPA15. It replied:

“The NYC [North Yorkshire Council] website only has one validation form for minerals development – NYPA15.”

However, Mr Kearsley had found form NYPA17 online at the time Europa’s application was submitted, and at the time of writing today, we also found NYPA17 on the council’s website. We asked the company whether it thought NYPA17 did not exist.

The company replied:

“NYC are content that Europa completed and submitted the appropriate planning application form.”

Europa has not yet carried out a 3D seismic survey, which is intended to reveal geological structures and faults. Last year, the company sought funding from investors for this work and for drilling the well, if approved.

The company also said:

“NYPA 15 states that mineral applications will be expected to be accompanied by a full and comprehensive Geological Assessment.

“Section 2.3 the Hydrogeological Impact Assessment [of the Burniston application] covers geology as it relates to the planning application.”

Europa added:

“further work, which will follow planning consent, will be required for operational approval by the relevant authorities, on subsurface geology and faulting. This will require the acquisition of further 3D seismic.”

We asked the council whether its planners had advised Europa to use checklist NYPA15 and if so, why this was. We also asked whether the authority considered the lack of some detailed geological information was acceptable.

A council spokesperson said:

“We wouldn’t comment on issues linked to a live planning application. All views and opinions that have been submitted to us in relation to any application will be taken into consideration before a decision is made.”

“Concerns not addressed”

Mr Kearsley raised the issue of the validation forms in his comment on the application in April  2025.

Cloughton Parish Council and Newby and Scalby Town Council also mentioned it in their objections last year.

Mr Kearsley said he had no response from the planning department and was disappointed the issue of the forms was not reflected in the planners’ 91-page report to the committee, published last week. He said:

“My concern is with how the planning process has worked and that the company has not provided information that is required by the council’s own application forms.

“This is a fundamental issue. The council’s process is not clear. There is not a lot of transparency. All that is needed is information, not something out of the ordinary. Altogether it seems to be the opposite of the approach of the North Yorkshire local plan, which the county council itself approved and published.”