Horse Hill oil drilling: Challenge lost in Court of Appeal

The Horse Hill site covers about two hectares of former farmland near Horley

A woman who opposed oil drilling near her home has lost her appeal battle.

Sarah Finch, from Redhill, challenged Surrey County Council's decision to extend the Horse Hill well.

In a majority two-to-one ruling, judges said the council's decision to grant planning permission, without considering the subsequent emissions from the combustion of refined fuels, was lawful.

Ms Finch said she is now considering an appeal to the Supreme Court.

A Surrey council spokesman said: "We note the judgement that our planning decision was lawful. We will review and consider the full findings of the judgement in due course."

Ms Finch, who brought the case on behalf of the Weald Action Group, said the development could lead to more than 10 million tonnes of carbon dioxide being released into the atmosphere.

She said: "I'm dismayed by this judgment - but reassured it was not unanimous.

"The judges agreed it's inevitable that oil produced at Horse Hill will eventually be burned.

"The fact that even senior judges can't agree on whether these 'downstream' emissions should be assessed in the planning process shows that we need legal certainty on the issue."

Judges' reasoning

Lord Justice Moylan concluded the council's decision to only consider the direct releases of greenhouse gas emissions from within the well site, and not later inevitable emissions, was a "demonstrable flaw" in reasoning, and upheld the appeal.

However Sir Keith Lindblom, Senior President of Tribunals, dismissed the appeal and said there was no "unlawful inconsistency, or divergence of approach, in the decision-making process".

Lord Justice Lewison also dismissed the appeal but his conclusion was "not without hesitation".

It would have been "preferable" for the council to have given "explicit consideration" to the "indirect effects of the project", he added.

Friends of the Earth lawyer Katie de Kauwe said: "Planning authorities must play their part in confronting the climate crisis, or the planet will continue to hurtle towards catastrophe.

"We are proud to have supported Sarah Finch in this crucial legal battle and will continue to do so if this case goes to the Supreme Court."

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