Fight for the climate and our green spaces

by Good Law Project

Fight for the climate and our green spaces

by Good Law Project
Good Law Project
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Good Law Project's mission is to achieve change through the law. We uphold democracy, protect the environment, and ensure no one is left behind.
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Latest: June 5, 2023

We’re in court this week

This Thursday, we will be in the High Court supporting campaign group, Protect Dunsfold, in their legal challenge against the Government’s approval of a fossil fuel exploration scheme at the ed…

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We're already seeing the devastating impact of the climate crisis in the UK. Scenes of people losing their homes, as wildfires ripped through their community, have brought our collective future into sharp focus.  

There has never been a more important time to do everything we can to protect the environment and preserve our precious green spaces.  

That’s why we are taking action now, and we want you to join us. 

Good Law Project is supporting a new legal action, brought by local community group, Protect Dunsfold, which wants to protect an important green space on the edge of Surrey Hills, an ‘Area of Outstanding Natural Beauty’, from an ill-conceived carbon-heavy drilling project. 

We are challenging the Government’s decision to grant UK Oil and Gas permission to start exploratory drilling for hydrocarbons near Dunsfold village. 

This could cause severe damage to Surrey Hills, and could open the door to future projects that will add to the UK’s carbon footprint. 

Our challenge centres on a decision by the Department for Levelling Up, Housing & Communities, under the leadership of Michael Gove, to overturn Surrey County Council’s initial refusal of planning permission. This is despite admitting it would cause "a significant level of landscape and visual impact." 

We believe there are a number of weaknesses in this decision. The Government did not properly consider the climate impact of unmitigated emissions from natural gas exploration and did not give sufficient weight to the need to conserve an Area of Outstanding Natural Beauty. 

The Government’s decision has also been condemned by Jeremy Hunt, MP for South West Surrey (which includes Dunsfold). In a letter to Michael Gove, he wrote: “I am writing to protest in the strongest of terms against your decision to grant the appeal that will allow drilling and exploration of fossil fuels in Dunsfold… it will create enormous disruption and environmental damage for little if any economic benefit.”

Sarah Godwin from Protect Dunsfold: “Neither local nor national interest is served by imposing a project harmful to one of the nation’s most sensitive landscapes by inflicting such industrial activity whilst brushing the environmental consequences of continued fossil fuel exploration under the rug.”

Jo Maugham, Director at Good Law Project: "Why, in the aftermath of the hottest day ever, are we wanting to dig up more fossil fuels? Why are we doing it next to an Area of Outstanding Natural Beauty? And why is the Government afraid to let the people of Surrey make their own decisions about what works for their community? We are proud to stand side-by-side with Protect Dunsfold."

Good Law Project is committing to funding this case and to paying all of Protect Dunsfold's legal costs. If you are able to, please consider donating to support this legal challenge. With your help we can protect Surrey Hills and the environment. 


You can read the claim as filed against the Secretary of State for Levelling Up, Housing and Communities here.

Details: Leigh Day Solicitors, Estelle Dehon QC (Cornerstone Barristers) and Alex Shattock (Landmark Chambers) have been instructed in this case.

Ten percent of the sums raised will go to Good Law Project, so that we can continue to use the law for a better world. It is our policy to only raise sums that we reasonably anticipate could be spent on this litigation. If for some reason we don’t spend all the money raised on this case, the donations will go towards supporting other litigation we bring.

Update 6

Good Law Project

June 5, 2023

We’re in court this week

This Thursday, we will be in the High Court supporting campaign group, Protect Dunsfold, in their legal challenge against the Government’s approval of a fossil fuel exploration scheme at the edge of the Surrey Hills Area of Outstanding Natural Beauty (AONB).

If we want to give ourselves a chance of tackling the climate emergency, we can’t continue exploiting our natural landscape for fossil fuels. 

But in June 2022, the Department of Levelling Up, Housing and Communities decided to approve an exploratory drilling project by UK Oil and Gas in a tranquil stretch of farmers’ fields overlooked by the stunning Hascombe Hill and situated next door to the picture-postcard village of Dunsfold. 

This scandalous decision not only goes against our vital efforts to get to net zero, it also runs roughshod over local democracy- overturning two previous planning permission refusals by Surrey County Council.

We visited Dunsfold to ask local campaigners why they are fighting so hard to overturn this decision.  They told us it was completely unacceptable that UKOG’s drilling rigs could soon be rolling in to churn up this idyllic landscape in search of fossil fuels.

But it is not only the land and local wildlife that are at threat. Businesses including a nearby brewery and a wedding venue could also be badly affected by the drilling. And an annual cancer awareness festival on an adjoining field may be forced to cancel if the drilling takes place.

The Government’s decision has also attracted opposition from the local MP , and now Chancellor, Jeremy Hunt. We were pleasantly surprised when he previously shared our crowdfunder for the legal challenge.

It is likely that it will take several months for a judgment to be handed down after  Thursday’s hearing, but the outcome could have significant implications far beyond Dunsfold. 

Success would force the Government to reconsider their approval of the scheme and  also could lead to changes in how future on-shore fossil fuel projects go through the planning permission process. 

At the High Court,the claimants, Protect Dunsfold will make two legal arguments. 

The first relates to inconsistency in decision-making by the Secretary of State, who gave the Dunsfold drilling site the go-ahead on the same day that he refused permission for a comparable site in Ellesmere Port. 

In this case, greenhouse gas emissions were cited as the most significant factor against granting permission, with the Secretary of State stating that ‘every tonne of carbon contributes to climate change’. When it came to Dunsfold, he reached a different decision. 

The second argument relates to the site being on the edge of Surrey Hills, an Area of Outstanding Natural Beauty. National policy requires planning decisions to give great weight to “conserving and enhancing landscape and scenic beauty” in AONBs. The Government’s reasons for departing from this requirement were never fully explained.

Thank you for your support.


Update 5

Good Law Project

April 14, 2023

We have a court date for our fight to protect the Surrey Hills

We are continuing to support the campaign group, Protect Dunsfold, to challenge the Government’s decision to allow a fossil fuel exploration scheme on the edge of the Surrey Hills Area of Outstanding Natural Beauty.

Last month, we were delighted that the High Court overturned a previous decision and gave permission for Protect Dunsfold’s legal challenge to go ahead. Our court hearing will take place on 8 June.  

The latest report from the Intergovernmental Panel on Climate Change (IPCC) is stark about our chances to stop the world from warming by more than 1.5C. If our planet is to survive, there’s no future for coal, oil and gas.

So there it is in black and white: exploiting our natural landscape for gas should be a thing of the past. 

This is at the heart of why we are supporting legal action which challenges the scandalous decision of the Department for Levelling Up, Housing and Communities to run roughshod over Surrey County Council’s previous refusals and gave permission for exploratory drilling in Dunsfold.

Protect Dunsfold’s challenge takes forward two legal arguments. The first relates to the inconsistency in decision-making by the Secretary of State, who gave the Dunsfold drilling site the go-ahead on the same day that he refused permission for a comparable site in Ellesmere Port. 

Despite greenhouse gas emissions being the most significant factor against granting permission in Ellesmere Port- with the Secretary of State stating that “every tonne of carbon contributes to climate change”- when it came to Dunsfold, a different decision was reached.

The second argument relates to the drilling site being on the edge of an Area of Outstanding Natural Beauty (AONB). National policy requires planning decisions to give great weight to “conserving and enhancing landscape and scenic beauty” in AONBs. The reasons for departing from this requirement were never fully explained. 

It is now full speed ahead to the hearing in June.

Update 4

Good Law Project

March 2, 2023

Victory! Green light given for our legal fight

We are delighted that campaigners from Protect Dunsfold- who we have been supporting- have been given permission by the High Court to challenge the Government’s approval of a gas exploration scheme on the edge of the Surrey Hills Area of Outstanding Natural Beauty.

Today’s decision overturns a previous ruling in Protect Dunsfold’s challenge and comes at a crucial time. UK Oil & Gas (UKOG) recently announced that they had discovered gas worth an estimated £123m in the area.

Protect Dunsfold were successful in gaining permission to proceed on two of their legal arguments. The first relates to inconsistency in decision-making by the Secretary of State, who gave the Dunsfold drilling site the go-ahead on the same day that he refused permission for a comparable site in Ellesmere Port. 

Despite greenhouse gas emissions being the most significant factor against granting permission in Ellesmere Port, with the Secretary of State stating that ‘every tonne of carbon contributes to climate change’, when it came to Dunsfold, the Secretary of State reached a different decision. 

The second argument relates to the site being on the edge of an Area of Outstanding Natural Beauty (AONB). National policy requires planning decisions to give great weight to “conserving and enhancing landscape and scenic beauty” in AONBs. The reasons for departing from this requirement were never fully explained. 

So with some positive momentum behind us, we are now keen to push ahead with this legal challenge to stop the doors being opened to fracking and to protect the area’s woodland, natural habitats and local businesses. 

Let’s be clear, exploiting our natural landscape for gas should be a thing of the past. The Department for Levelling Up, Communities and Housing’s decision to run roughshod over Surrey County Council’s previous refusals and give permission for exploratory drilling to take place in the first place was scandalous and completely at odds with our mission towards net zero.

The local MP and now Chancellor, Jeremy Hunt MP, has also previously supported the campaign against the Government’s approval for the scheme and our fundraising efforts to support it.

We are grateful to Extinction Rebellion for their support today and the rally that they organised outside of the Royal Courts of Justice.

Director of Good Law Project, Jo Maugham, said:

“No Secretary of State who cared about the natural environment – or climate change – would have ignored the wishes of local people to grant planning permission for a huge new fracking project next to an Area of Outstanding Natural Beauty.

“We are pleased the High Court has given Protect Dunsfold, who we are supporting, permission to bring a judicial review challenge to a decision made under Michael Gove.”

Director of Protect Dunsfold, Phil Travis, said:

“It’s great news that we are now going full speed ahead with this legal challenge which has emphasised the inconsistencies of the Secretary of State’s decision making over fossil fuel exploration schemes.

“It’s very encouraging to see that the courts have now recognised that climate change should be a central consideration when it comes to planning matters.

“We have always hoped that our campaign would mark a new era of resistance against fossil fuel exploration and extraction projects. So we are very grateful to our lawyers at Leigh Day and the support of Good Law Project”.

Update 3

Good Law Project

March 1, 2023

We’re in court tomorrow

Tomorrow, we will be in the High Court to support a campaigning group in their bid to resume a legal challenge against fossil fuel drilling on the edge of the Surrey Hills.

Back in October, we heard the disappointing news that the group, Protect Dunsfold, had been refused permission to continue with a legal challenge - but tomorrow, we have the opportunity to overturn this ruling. 

The permission hearing comes at a crucial time. Last week, UK Oil & Gas (UKOG) reported discovering gas worth an estimated £123m in the area, after being given the green light by the Government to drill there in June 2022. 

Surrey County Council had refused to allow the exploratory work to go ahead on two separate occasions, but it was overruled by the Department of Levelling Up, Housing and Communities. 

There is so much at stake here. If UKOG are allowed to continue with their operations in the area, we could see irreparable damage to this Area of Outstanding Natural Beauty and its habitats and the door opened to fracking.

Opening major new fossil fuel extraction schemes should be a thing of the past. We have seen plenty of inertia from the Government over tackling the climate emergency, but approving this harmful scheme is a significant step backwards. 

It is notable that the local MP and now Chancellor, Jeremy Hunt, has also previously campaigned against fossil fuel drilling activity in the area and encouraged people to donate to our legal challenge. This has been a surprising, but welcome source of support.

Sarah Godwin of Protect Dunsfold said:

"This application has been refused twice by Surrey County Council.  The nation is demanding rapid action on the climate emergency, made more urgent by global instability and war.  We are very glad that the Good Law Project exists to challenge these important government decisions on environmental issues, funded by popular subscription."

Thank you for your support.

Update 2

Good Law Project

Feb. 8, 2023

The fight continues to protect the Surrey Hills from fossil fuel drilling

In October, we heard the disappointing news that community group, Protect Dunsfold, had been refused permission to continue with a legal challenge- that we have been supporting- against a new exploratory drilling site on the edge of the Surrey Hills Area of Outstanding Natural Beauty (AONB).

Despite this setback, Protect Dunsfold vowed that they were not going to give up with so much at stake. So, we are now very pleased to confirm that they have been given the opportunity to overturn this decision at a hearing on 2nd March. We hope that the court will grant permission for this vital legal challenge to resume.

The threat to the Surrey Hills arose after the local council was overruled by the Department for Levelling Up, Housing and Communities, under Michael Gove’s leadership, to give approval to the drilling project. This scandalous intervention runs roughshod over local democracy and could potentially open the door to fracking and fossil fuel mining activity.

Opening major new fossil fuel extraction schemes should be a thing of the past. We have seen plenty of inertia from the Government over tackling the climate emergency, but approving this harmful scheme is a significant step backwards.

We will continue to fight for our green spaces and for robust and urgent action from the Government to reach net zero.

Update 1

Good Law Project

Oct. 12, 2022

This could open the door to fracking

We have just heard that local community group Protect Dunsfold has been refused permission to proceed with their legal challenge to Michael Gove’s decision to overrule Surrey Council and force through a new drilling site on the edge of the Surrey Hills Area of Outstanding Natural Beauty. But we and Protect Dunsfold refuse to give up. The issues at stake are simply too important. 

The threat of fracking looms large once more over our countryside, communities and climate. Liz Truss and Jacob-Rees Mogg are tearing up the 2019 Conservative manifesto pledge to end this harmful practice, without any public mandate whatsoever. 

That’s why local community group Protect Dunsfold, supported by Good Law Project, are asking for the Loxley exploratory drilling permission decision to be reviewed at an oral hearing. 

This action is about protecting an important green space from a drilling project that could not only cause severe damage to Surrey Hills, but open the door to future projects that will add to the UK’s carbon footprint. 

We won’t just stand by.

Sarah Godwin from Protect Dunsfold said: 

“We have been campaigning since 2019 to stop this application by UK Oil and Gas Plc to drill for hydrocarbons, supported by local residents and the wider community. It is hard to understand why the Government sees fit to overrule Surrey County, Waverley Borough and local Parish Councils when there is a declared climate emergency and strong local resistance to this application.

The Surrey Hills Area of Outstanding Natural Beauty is a vital green area providing safe habitat to many and varied wildlife, flora and fauna plus providing a popular rural environment for visitors and residents to enjoy.

We intend it should stay this way and we are grateful for the support from both the local councils, Good Law Project and the community. We will not back down.”

Jo Maugham from Good Law Project said: 

“We share the local community’s determination to keep going. After a summer of unbearable heat and wildfires, the impacts of climate change on life in the UK have never been clearer.  It baffles us that Liz Truss and her government think digging up more fossil fuels is a good idea and without any public mandate whatsoever are threatening to go back on their word on fracking. 

We will continue to stand side-by-side with the local people of Dunsfold in their campaign to protect the environment.”

If you are in a position to do so, please consider donating to the community group’s legal challenge here.

We believe that prospects for the renewal are good because the Judge did not raise any additional points and seems to have just adopted the Secretary of State’s reasoning. You can read the permission decision here.

Leigh Day Solicitors, Estelle Dehon QC (Cornerstone Barristers) and Alex Shattock (Landmark Chambers) have been instructed in this case.

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