Third Energy had been expected to use the controversial extraction technique an exploratory well in North Yorkshire by the end of this year. The company has confirmed it will be unable to press ahead with its efforts until after the hearing which has been scheduled for 22 and 23 November.
In May, North Yorkshire County Council (NYCC) awarded consent to Third Energy to frack its existing KM8 well near the village of Kirby Misperton. The company plans to fracture the well in five different places to gauge its productivity, as part of an eight week programme of testing.
It was first time an application for fracking was approved by a council since a ban was lifted in 2012, and was thus seen as a landmark decision. In August Friends of the Earth and Frack Free Ryedale requested a judicial review of the decision.
The High Court has now the set the dates for a ‘rolled up’ hearing, in which the judge will consider whether or not give permission for the case to be heard, before immediately moving on to the full hearing if it is granted. The hearing had been expected to take place earlier in October.
A spokeswoman for Third Energy said: “It is in the interests of both the local community and Third Energy that a decision is reached quickly. This ‘rolled up’ hearing will mean all the issues will be dealt with at one hearing.
“Approval for the KM8 application came after an exhaustive review by NYCC and a comprehensive, specially convened planning committee meeting which lasted two days, and we have every confidence that the council has followed all due processes in coming to its determination.”
Friends of the Earth campaigner Tony Bosworth said: “We are seeking judicial review over the decision at Kirby Misperton, because in our view councillors didn’t properly assess climate change, as well as safeguards against environmental damage. For these reasons we are looking forward to our day in court in November.”
Friends of the Earth first threatened to mount a legal challenge in June. Speaking to Utility Week shortly afterwards, Claire Brook, a partner at the law firm Bond Dickinson, which represents companies in the oil and gas sector, said it would be “hard to see” any “real legal merit” to such a challenge.