Local resident seeks Judicial Review



Local resident seeks Judicial Review


Mr. Julian Burton has formally made a statutory challenge to the Secretary of State for Local Government and Communities (Sajid Javid) regarding his decisions concerning fracking at Roseacre Wood.

Mr. Burton, who is being represented by Cornerstones Barristers, had previously submitted a letter before action giving his grounds for challenge but the Secretary of State has now responded and has made it very clear that he intends to defend his position.

Papers have now been lodged at court and are being sent to the Secretary of State and all other interested parties.

Mr. Burton’s action is welcomed by Treales, Roseacre and Wharles Parish Council and by Roseacre Awareness Group which represents local residents.


Mr. Burton said,

“I am incredulous that the Secretary of State should feel it appropriate to re-open this Public Inquiry with the clear intention of over-turning not just the original decisions of Lancashire County Council (Planning Officer, Highways Officer and Development Control Committee) but also the unequivocal recommendation of the independent Planning Inspector.

He has taken no account of local democracy in spite of this Government’s repeated pledges in support of localism.”

A spokesperson for Roseacre Awareness Group said,

“We are very saddened that Mr. Burton’s letter before action has been dismissed by the Secretary of State.  This leaves him with no choice but to seek a Judicial Review of the Secretary of State’s decision to re-open the Public Inquiry.

Both the residents and Lancashire County Council have provided strong, robust and compelling evidence to show that Cuadrilla’s plans for the Roseacre Wood site are totally inappropriate and would pose a real danger in terms of road safety. We are being asked once more to present our case with all of the time and effort that this will involve. We regard this as being extremely unfair and an abuse of process.”


This matter will now be considered in the High Court and a judge will decide whether Mr. Burton has grounds to proceed to Judicial Review.  A decision is expected early in the New Year.


Nick Danby

Roseacre Awareness Group