Campaigners fighting to overturn a Government decision to approve a fracking site in Lancashire are returning to court for the latest round of their legal battle.
Their case will be heard by Court of Appeal judges in London on Wednesday following a defeat at the High Court earlier this year.
The appeal follows a decision in April by Mr Justice Dove to dismiss judicial review actions brought by environmental campaigner Gayzer Frackman and the Preston New Road Action Group (PNRAG).
They had urged the judge to rule that the decision to grant a planning application for the site in Fylde was not fair or lawful.
Mr Justice Dove was told the planning application by developer Cuadrilla was refused by Lancashire County Council in 2015, but later granted following an appeal and a planning inquiry.
The scheme was given the go-ahead in October by Communities Secretary Sajid Javid.
Campaigners will now continue their fight at a two-day hearing before Lord Justice Simon, Lord Justice Lindblom and Lord Justice Henderson.
During the High Court proceedings in Manchester, Mr Frackman’s lawyers told Mr Justice Dove that the site would lead to a “considerable quantity of greenhouse gas emissions”.
On behalf of PNRAG it was argued that a planning inspector’s decision that the site would not have a significant impact on the landscape because it was only granted permission for a temporary period was not lawful and breached the council’s development plan.
Mr Frackman, from Blackpool, said in a statement relating to the Court of Appeal action: “This legal challenge tests the Government’s ’drill first, ask questions later’ approach to fracking.
“The Government must be held to account for failing to protect UK citizens from the health impacts of fracking and the untold damage it will cause to our environment, our climate, and those living near the site in Lancashire.”
Estelle Dehon, environmental law barrister at Cornerstone Barristers, who is part of the legal team representing Mr Frackman, said: “This action is being taken on the basis that Cuadrilla and the Government did not fully assess the impact of greenhouse gas emissions that will be generated by the fracking operation over the next six years, contrary to the environmental impact assessment regulations.
“The appeal also questions whether it was safe for the Government to grant permission in the absence of a robust regulatory system, despite uncontroverted evidence of the health impacts of fracking.
“We will also be making the case that Cuadrilla’s so-called exploratory fracking is in fact full scale shale gas production in disguise.”
UPDATE: The planning permissions at the centre of the appeal are for exploratory and associated monitoring works in respect of exploration for shale gas.
In written argument on behalf of energy company Cuadrilla, Nathalie Lieven QC says it is “at the forefront of exploring for natural gas locked up in shale rock in the UK”.
She adds: “This includes the potential recovery of gas from shale rock by hydraulic fracturing of the rock, otherwise known as ’fracking’.
“The planning permissions are the first horizontal exploration wells approved for drilling, fracking and testing of gas flow in shale rock in the UK.
“They involve one of the most important gas exploration projects in the UK and have the potential to play a major role in the UK’s security of energy supply.”
UPDATE: The hearing continues on Thursday.