The government has told North Yorkshire Council it is keeping regulation on lower-volume fracking “under review”.

The energy minister, Michael Shanks, was replying to a letter in November 2025 from a senior member of the council.

The business executive member, Mark Crane, had asked for guidance on how a promised government ban on fracking could affect a planning application at Burniston, near Scarborough.

The application, by Europa Oil & Gas, includes a form of lower-volume fracking, known as a proppant squeeze.

Cllr Crane said in his letter:

“What we need to know from the minister is whether or not they’re going to do that [ban hydraulic fracturing] soon or whether North Yorkshire will have to make a planning decision on the law as it presently stands.”

There is a moratorium in England on high-volume fracking, defined as associated hydraulic fracturing. It was introduced in 2019 because of concerns about earthquakes induced by fracking in Lancashire.

But the moratorium does not cover lower-volume fracking, which is currently allowed by law.

Campaigners have described this as a legal loophole and called for lower-volume fracking to be added to the moratorium and a future ban.

In a reply released today (though dated 2 March 2025), Mr Shanks said he could not comment on the Burniston application.

He said:

“Low volume hydraulic fracturing activities, including for example ‘proppant squeezes’, take place at lower volumes than the thresholds for ‘associated hydraulic fracturing’ and in a variety of geological contexts.

“These activities are not currently in scope of the effective moratorium in England, however we are keeping all regulation under review.”

Mr Shanks did not refer in is reply to the government’s promised ban on fracking.

The government’s position on whether lower-volume fracking was being considered in the ban also appeared to have changed.

In January 2026, in a revised response to a petition on lower-volume fracking, the government said:

“the government recognises concerns from local communities regarding low volume fracturing and the fact that it is currently treated differently, and is therefore currently reviewing the position with regard to low volume hydraulic fracturing.”

“Unhelpful response”

Steve Mason, a member of North Yorkshire Council and anti-fracking campaigner, said today:

“The response from the minister is unhelpful, and I question if this response has been given the thought it deserves. The government seem to be taking a step back from the commitment made to conduct a review, which in my opinion is the opportunity to close this loophole exploited by the frackers. It’s very disappointing that when the council asked for clarity and guidance, the government have simply passed the buck and U-turned on their commitment to communities for a review, as promised.

“The letter explicitly refers to the seismicity behind the moratorium, yet the minister has framed this answer in a way that excludes the very same scientific evidence allowing for the comparison between the volumes proposed at Burniston which are higher than the actual volumes used, leading to the seismicity in Lancashire.

 “I begin to question the motivation, and I deeply hope this is not a political decision to hang this around the necks of a local authority Conservative administration. The Labour Party has pledged to ban fracking for good, yet when presented with an opportunity to do so, it seems this is becoming an empty promise, hiding behind a semantic policy that is outdated.”

Decision postponed

North Yorkshire Council’s decision on the Burniston application was due to be decided in January but was postponed at the last minute.

Local people, including councillors and the MP, had asked the government to take over the decision from North Yorkshire Council because it had national, as well as local, significance.

Last week, the local government secretary sent the application back to North Yorkshire.

A new date for the decision has yet to be published. A meeting of the North Yorkshire strategic planning committee, scheduled for 10 March 2026, has been cancelled.

Council letter