Cheshire villagers have lost a High Court bid to halt plans for a £100m gas storage facility in underground caverns near their homes.
Backed by Cranage Parish Council, one of 21 local councils opposing the scheme, the residents of Byley claimed that the storage by Scottish Power UK plc of 200,000 tonnes of natural gas in nearby rock-salt cavities conflicted with the local development plan.
They argued that the first secretary of state and the secretary of state for trade and industry, in granting consent in May, had failed to consider both the availability of alternative sites and the adverse effects of the facility upon the character and appearance of the countryside.
However, Davis J held that the secretaries of state had been “entitled” to conclude that a local plan policy, which authorised “public service development in the open countryside”, was applicable because of a general need for increased gas storage.
The judge rejected claims by local residents John Oakley, Lillian Worthington and James Bennion that the secretaries of state had failed adequately to consider the availability of alternative storage sites. “There was no inconsistency or unreasonableness in their decision,” he said.
Cranage council and the residents also argued that the redevelopment of the site would have a “significantly harmful effect upon the countryside over a substantial period”.
However, Davis J said that the secretaries of state had been permitted to find that the time-limited nature of the effects caused by the four-year construction works meant that the redevelopment “in itself” did not conflict with the local plan policy.
Scottish Power plans to store 5.65bn cubic feet of gas at high pressure in eight specially designed salt caverns, located 600m underground, at the Holford Brinefields. The gas will be pumped from the caverns at times of high demand by three huge compressors.
The company chose the Byley site because of underground salt formations, which make it safe for pressurised unlined gas storage.
The storage facility, parts of which may be leased out to other energy groups, will assist in meeting the UK’s increased demand for gas, which is otherwise expected to exceed supply by 2010.
Cranage Parish Council and others v First Secretary of State and others Administrative Court (Davis J) 9 December 2004.
William Upton (instructed by Lansdownes) appeared for the claimants; Nathalie Lieven (instructed by the Treasury Solicitor) appeared for the first and second defendants; William Hicks QC and Neil Cameron (instructed by Zyda Law, of Nantwich) appeared for the third defendant, Scottish Power UK plc.
References: EGi Legal News 09/12/04
