Horse Hill: complaint lodged over unlawful oil extraction
The environmental organisation Friends of the Earth has written to a local authority over oil wells in Surrey that continue to operate, despite the fact its planning permission was quashed in a landmark Supreme Court ruling months ago.
In a letter sent on Tuesday (22 October 2024), the group’s lawyers urge Surrey County Council to take immediate enforcement action against the developer of the controversial Horse Hill project, over the unauthorised extraction of oil which has not ceased since the judgment was handed down in June this year.
The historic legal challenge, brought by former Surrey resident Sarah Finch on behalf of the Weald Action Group, and supported by Friends of the Earth, resulted in a ruling that means the full climate impacts of fossil fuel projects have to be considered before planning permission is granted. This rendered the approval of the Horse Hill development unlawful, because the significant projected Scope 3 emissions from burning the oil were not taken into consideration.
But according to figures from the industry regulator, the Horse Hill site is continuing to produce oil with 138 tonnes extracted in July alone – equivalent to 33 barrels a day[1]. Unlike other planning breaches, such as unauthorised house extensions, the resulting harm cannot be undone. That’s because once the oil is extracted from the ground, it cannot be put back, nor can the emissions that are inevitably produced through the extraction and burning of the oil. At a time when the UK needs to do everything it can to get back on track for meeting its climate targets, this is simply unacceptable.
Despite the fact that Surrey County Council declared a climate emergency in 2019, it has been painfully slow to take decisive enforcement action against the company operating the Horse Hill site. The developer’s parent company, UK Oil and Gas (UKOG), has signalled that it intends to retrospectively apply for planning permission for its recent activities, in a move that Friends of the Earth believes shows blatant disregard for the judgment of the Supreme Court and due planning process.
That’s why Friends of the Earth is urging Surrey County Council to issue a temporary stop notice to both Horse Hill Ltd and UKOG, ordering an immediate end to the unlawful oil drilling taking place at Horse Hill.
The environmental group warns that the failure to pursue enforcement action could itself be unlawful. Given that oil extraction has continued unchecked for four months, any further delay in addressing this unlawful activity could increase the threat of legal action against the council. Beyond this, the council also has a responsibility to maintain public confidence in the planning system.
Katie de Kauwe, lawyer at Friends of the Earth, said:
“It’s jaw-dropping that oil production has continued at Horse Hill for four months after our highest court quashed the planning permission. It’s hard to view this as anything other than a developer gaming the planning system and being allowed to get away with it.
“It’s deeply concerning this has been allowed to go unchecked for so long – it threatens not just the integrity of our planning system, but also local democracy and our ailing climate.
“Having been told by the Supreme Court it got the law wrong in granting planning permission for this oil project, the council’s lack of action to uphold the ruling and to stop this unauthorised activity occurring on its watch is staggering. We urge Surrey County Council to take immediate and decisive enforcement action against this brazenly unlawful activity. We look forward to its response.”
Friends of the Earth has given Surrey County Council until Tuesday (29 October) to respond to its complaint. The group has also shared it concerns in writing with the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner, and the local MP for Dorking and Horley, Chris Coghlan.
The Supreme Court ruling on Horse Hill has already had profound implications for a number of fossil fuel projects that were in the pipeline, including a new coal mine in Cumbria, permission for which was quashed on the basis of this same Scope 3 issue, as well as on other climate grounds. In other instances, cases have simply been conceded before they even got to trial because of the Finch ruling. This happened most recently with the Wressle oil and gas site near Scunthorpe.
Campaigner Sarah Finch, who brought the Supreme Court challenge against the Horse Hill development on behalf of the Weald Action Group, said:
“Up and down the country fossil fuel projects have been stopped, paused and withdrawn following the Supreme Court's important ruling on my case. It seems the only place where nothing has changed is Horse Hill itself, where UKOG is carrying on as if nothing has happened.
“I hope the Council will now swiftly put a stop to this. If they don't, they will look weak and ineffectual and will undermine respect for the planning system.”
ENDS
Notes:
[1] On 2 October, Drill or Drop reported that the latest figures from the industry regulator, The North Sea Transition Authority, revealed that the Horse Hill site produced 138 tonnes of oil in July 2024, at a rate of 33 barrels a day. Supreme Court oil site operates without permission | October 2 2024
[2] A copy of the letter, sent to Surrey County Council on Tuesday 22 October by Friends of the Earth lawyers, can be accessed here.
[3] The Committee on Climate Change has advised that any new fossil fuel projects are incompatible with Net Zero 2023 Progress Report to Parliament - Climate Change Committee P15.