US-financed Halite Energy, which last month lost its fight to be allowed to create gas store caverns under the Wyre estuary has decided to battle on – by challenging the decision via a judicial review.
The legal fight could cost the company thousands of pounds in legal fees on top of the huge costs it has faced both drawing up the controversial gas store plans and a long-running public inquiry.
Last month Edward Davey, Secretary of State at the Department of Energy and Climate Change, announced that the application for the underground gas storage project at Preesall had been refused.
That decision went against the recommendation made by the examining authority, the Planning Inspectorate, to approve the proposals.
Under Section 118 of the Planning Act 2008, the Secretary of State’s decision can be challenged by means of a claim for judicial review in the High Court.
The company, which is based in Kirkham, has now revealed it had issued proceedings for a judicial review of the Secretary of State’s decision.
Keith Budinger, chief executive of Halite Energy said: “Following a review of the Secretary of State’s refusal, and the report submitted by the Planning Inspectorate which recommended approval of Halite’s application, Halite has issued proceedings in the High Court for a judicial review of the Secretary of State’s decision.
“Halite and its legal team believe that there are substantial grounds on which to demonstrate that the decision is flawed, but as the matter is now the subject of legal proceedings, do not intend to comment further at this stage.”