Mike Pocock, energy and planning partner at UK legal firm Pinsent Masons, said the challenge to the government brought by law practice Leigh Day on behalf of Preston New Road Action Group (PNRAG) looks set to be knocked back by Secretary of State for Local Government, Sajid Javid.

“This then forces the claimants to decide whether or not to pursue their claim formally in the court within the six-week challenge window, which closes on 17 November,” Pocock told Upstream. “As the debate around UK shale rumbles on, the claim is likely to be categorised as ‘significant’, meaning it will be subject to slightly more expedited timescales.”

Pocock said he expects a decision to be made within weeks and, should the claim be dismissed by the government, “it is open to the claimants to seek to renew their claim but only if it has not been dismissed as totally without merit”.

“It would be early 2017 at the earliest before the claim goes to formal hearing and probably nearer March or April time,” he added.

Under current and unchallenged plans, Cuadrilla aims to start fracking operations at the Preston New Road site in Lancashire in the third quarter of next year.

Cuadrilla chief executive Francis Egan said: “Clearly this is a matter for the government to respond directly on.

“However, after an extraordinarily thorough assessment, this application was recommended for approval by the county council planning department.

“PNRAG are of course entitled to disagree and follow their democratic right to question the decision in the same way that we also exercised our own democratic right of appeal,” Egan said.

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