Skip to main content
  • About
  • News & Insights
  • Careers
  • International
0808 291 3524
Dialog that contains search functionality
Irwin Mitchell Logo
  • Personal
    • Personal
    • Personal Home
    • Personal Injury Claims
      • Personal Injury Claims
      • Personal Injury Claims Home
      • Abuse Claims
      • Accidents In Public Places Claims
      • Criminal Injury Compensation Claims
      • Accident At Work Claims
      • Air, Rail & Maritime Claims
      • Asbestos & Mesothelioma Claims
      • Changing Solicitors During a Personal Injury Claim
      • Group Claims
      • Holiday Accidents & Illness Claims
      • Illness Compensation Claims
      • Industrial Disease Claims
      • Injury Types
      • Military Injury Compensation Claims
      • No Win No Fee Personal Injury Claims
      • Personal Injury Claims In Scotland
      • How To Claim Compensation For Personal Injury
      • Product Liability Claims
      • Road Traffic Accident Claims
      • Serious Injury Claims
      • Who Can Help?
      • Support Services
    • Medical Negligence Claims
      • Medical Negligence Claims
      • Medical Negligence Claims Home
      • Cancer Misdiagnosis Claims
      • Birth Injury Claims
      • Cauda Equina Syndrome Claims
      • Never Event Claims
      • Ambulance & Paramedic Medical Negligence Claims
      • Cosmetic Surgery Claims
      • Private Healthcare Claims
      • Cerebral Palsy Claims
      • Defective Medical Device Claims
      • Dental Negligence Claims
      • Diabetes Misdiagnosis Claims
      • Fatal Medical Negligence Claims & Inquests
      • GP Negligence Claims
      • Hospital Negligence Claims
      • What Is Medical Negligence?
      • Meningitis Misdiagnosis Claims
      • Failure To Prevent Suicide Claims
      • Misdiagnosis Claims
      • Ophthalmic Negligence Claims
      • Pregnancy & Gynaecology Injury Claims
      • Sepsis Negligence Claims
      • Pharmacy And Medication Negligence Claims
      • Shrewsbury & Telford Hospital NHS Trust Maternity Care Claims
      • Stroke Misdiagnosis Claims
      • Surgery Compensation Claims
    • Counselling
      • Counselling
      • Counselling Home
      • Counselling Myths Dispelled
    • Family Law
      • Family Law
      • Family Law Home
      • Divorce Solicitors
      • Prenuptial & Postnuptial Agreement Solicitors
      • Child Abduction Solicitors
      • Civil Partnership Solicitors
      • LGBT+ Family Law Solicitors
      • Unmarried Couples' Rights
      • Divorce Financial Settlement Solicitors
      • Child Arrangement Orders
      • Family Mediation
      • Out of Court Divorce Solicitors
      • Separation Agreement Solicitors
      • Adoption & Surrogacy Solicitors
    • Wills, Trusts & Estates
      • Wills, Trusts & Estates
      • Wills, Trusts & Estates Home
      • Estate Planning Solicitors
      • Powers Of Attorney
      • Trusts
      • Will Writing Services
      • Will Disputes & Contentious Probate
    • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors Home
      • Conveyancing Fees Calculator
      • Buying A Property
      • Selling A Property
      • Remortgage
      • Transfer Of Equity
      • Buy To Let
      • Freehold Purchase (Leasehold Enfranchisement) Solicitors
      • Lease Extension Solicitors
      • Conveyancing Guide
      • Residential Property Disputes
    • Tax
      • Tax
      • Tax Home
      • Business Tax
      • Inheritance Tax
      • International Tax
      • Professional Negligence
      • HMRC Tax Investigations
      • Tax Disputes & Litigation
      • Tax Residence
      • Tax Returns & Compliance
      • UK Resident Non-Doms
      • Wealth Structuring
    • Probate
      • Probate
      • Probate Home
      • International Probate
      • Probate Sale Conveyancing
      • What Is Probate & How Does It Work?
    • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes Home
      • Trust Disputes
      • Inheritance Act Claims
      • Contesting A Will
      • Contentious Probate
      • Pre-Death Agreements
      • Professional Negligence
      • Challenging A Lifetime Gift
      • Financial Abuse
      • Statutory Will Disputes
      • Defending A Contested Will
    • Employment Solicitors
      • Employment Solicitors
      • Employment Solicitors Home
      • Employment Contract Solicitors
      • Employment Disputes
      • Dismissal & Redundancy Solicitors
      • Employment Discrimination Solicitors
      • Employment Lawyers for Legal Expenses Insurance
      • Harassment & Bullying At Work Solicitors
      • Parental & Family Friendly Employment Rights
      • Professional Discipline Solicitors
      • Recruitment & Promotion
      • Senior Executive Employment Lawyers
      • Settlement Agreements
      • Whistleblowing Solicitors
    • Elderly Legal Services
    • Protecting Your Rights
      • Protecting Your Rights
      • Protecting Your Rights Home
      • Actions Against The Police
      • Inquests
      • Environmental & Planning Law
      • Assessment & Treatment Unit Solicitors
      • Data Protection Breach Claims
      • Education Law
      • Healthcare & Social Services
      • Human Rights
      • Judicial Review
      • Mental Capacity
      • Professional Regulation & Discipline
      • Dispute Resolution
      • Legal Aid
    • Immigration Solicitors
      • Immigration Solicitors
      • Immigration Solicitors Home
      • British Citizenship & Naturalisation Solicitors
      • EU & EEA Immigration Solicitors
      • Indefinite Leave To Remain Solicitors
      • Spouse Visa Solicitors
      • Innovator Visa
      • Permanent Residence Solicitors
      • Business Immigration Solicitors
    • Crime & Investigations
      • Crime & Investigations
      • Crime & Investigations Home
      • Crime
      • Fraud & Financial Crime
      • Court Martial Solicitors
      • Motoring Offences Legal Advice
      • Regulatory Investigations & Enforcement
    • Insolvency
      • Insolvency
      • Insolvency Home
      • Business Restructuring & Insolvency
      • Debt Consultancy
      • Insolvency Disputes & Litigation
    • Court Of Protection
      • Court Of Protection
      • Court Of Protection Home
      • Court Of Protection Deputyship
      • Personal Injury Trusts
      • Court Of Protection Problems & Disputes
      • Healthcare and Social Services
      • Court of Protection Frequently Asked Questions
      • Powers Of Attorney Disputes
      • Statutory Wills Solicitors
  • Wealth Management
    • Wealth Management
    • Wealth Management Home
    • Asset Management For Personal Injury
    • Charity & Philanthropy
    • Estate Planning
    • Ethical & Sustainable Investing
    • Financial Planning
    • Intergenerational Wealth Management
    • Investment Management
    • Retirement Financial Planning
    • Family Offices
    • Succession Planning
    • Tax Planning
  • Business
    • Business
    • Business Home
    • Sectors
      • Sectors
      • Sectors Home
      • Agriculture & Rural Business
      • Retail, Leisure & Hospitality
      • Education
      • Financial & Professional Services
      • Landed Estates
      • Manufacturing
      • Real Estate
      • Sport
      • Technology & Communications
    • Banking & Finance
      • Banking & Finance
      • Banking & Finance Home
      • Corporate Banking
      • Leveraged & Acquisition Finance
      • Real Estate Finance
      • Receivables Finance & Asset Based Lending
    • Environmental, Social & Governance
      • Environmental, Social & Governance
      • Environmental, Social & Governance Home
      • Cyber Security
      • Environment
      • Net Zero
      • Social
      • Diversity & Inclusion
      • Governance
      • International
      • ESG Legal Advisory Services
      • Legislation Library
      • Manufacturing Sector
      • Real Estate
      • Retail, Leisure and Hospitality Sector
      • Sports Sector
    • Business Crime
      • Business Crime
      • Business Crime Home
      • Anti-Bribery & Corruption
      • Asset Tracing & Recovery
      • Cartels & Illegal Price Fixing
      • Cybercrime
      • Dawn Raids
      • Deferred Prosecution Agreements
      • Extradition
      • INTERPOL Red Notices
      • Mutual Legal Assistance
      • Private Prosecution
      • Proceeds Of Crime Act
      • Unexplained Wealth Orders
      • Fraud Lawyers
      • Insider Trading & Market Abuse
      • Corporate Internal Investigations
    • Business Immigration
      • Business Immigration
      • Business Immigration Home
      • Business Visitor Visa
      • Global Business Mobility Visas
      • Innovator Visa
      • Prevention Of Illegal Working
      • Skilled Worker Visas
      • Sole Representative Of An Overseas Business
      • UK Visa Sponsor License
    • Commercial
      • Commercial
      • Commercial Home
      • Commercial Contracts
      • Competition Law
      • GDPR & Data Protection
      • Information Technology
      • Sourcing
      • Notary Public Solicitors
    • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution Home
      • Banking & Finance Litigation
      • Business Interruption Insurance Lawyers
      • Contract Disputes
      • Defamation & Reputation Management
      • International & Cross-Border Disputes
      • Commercial Debt Recovery
      • Litigation Funding
      • Professional Negligence
    • Corporate
      • Corporate
      • Corporate Home
      • Corporate Advisory
      • Equity Capital Markets
      • Mergers & Acquisitions (M&A)
      • Private Equity
      • Search Funds and Entrepreneurship Through Acquisition Lawyers
    • Costs Team
    • Employment Law
      • Employment Law
      • Employment Law Home
      • Business Immigration
      • Employment Contracts, Policies & Procedures
      • Disciplinary & Grievance
      • Employee & Industrial Relations
      • Employment Lawyers for Legal Expenses Insurance
      • Employment Litigation & Resolution Lawyers
      • Equality, Diversity & Discrimination
      • Flexible Working Arrangements
      • Health & Safety
      • HR Advice Service - IMhrplus
      • Managing Sickness Absence
      • Pensions
      • Recruitment
      • Restrictive Covenants
      • Restructuring & Redundancy
      • Self Employment, Contractors & Agency Workers
      • Employment Seminars, Training & Updates
      • TUPE
    • In-House Counsel
    • Intellectual Property and Media
      • Intellectual Property and Media
      • Intellectual Property and Media Home
      • Defamation & Reputation Management
      • Copyright Lawyers
      • Design Rights Lawyers
      • Image Rights Lawyers
      • Online Marketplace Seller Account Or Listing Suspensions
      • Stopping IP Infringement By Sellers On Online Marketplaces
      • Patent Lawyers
      • Trade Mark Lawyers
      • Trade Secrets Lawyers
    • Legal Helpline
    • Licensing
      • Licensing
      • Licensing Home
      • Betting & Gaming Licensing
      • Event Licences
      • Alcohol Licensing
    • Pensions
      • Pensions
      • Pensions Home
      • Employment
      • Managing Death Benefit Trusts
    • Regulatory & Compliance
      • Regulatory & Compliance
      • Regulatory & Compliance Home
      • Road Transport & Operator Compliance
      • GDPR & Data Protection
      • Regulatory Investigations
      • Account Freezing Orders
      • Anti-Money Laundering
      • Companies House Prosecutions
      • Environment & Safety Regulatory Compliance
      • Financial Services Regulation
    • Real Estate
      • Real Estate
      • Real Estate Home
      • Corporate Occupiers
      • Real Estate Development and Regeneration
      • Construction & Engineering
      • Environmental
      • Real Estate Finance
      • Real Estate Investment
      • Later Living & Care
      • Planning
      • Property Litigation & Real Estate Disputes
      • Real Estate Tax
      • Residential Development
      • Strategic Land
      • Structured Real Estate
    • Restructuring & Insolvency
      • Restructuring & Insolvency
      • Restructuring & Insolvency Home
      • Corporate Insolvency
      • Partnership Insolvency
      • Directors' Duties
      • Restructuring Plans
      • Debt Recovery (up to £100,000) – Pricing
      • Restructuring
    • Tax
      • Tax
      • Tax Home
      • Corporate Tax
      • Real Estate Tax
      • Tax Investigations
  • People
    • People
    • People Home
    • Search By Name
    • Search By Location
    • Search By Expertise
    • Business Management
  • Offices
    • Offices
    • Offices Home
    • Birmingham
    • Brighton
    • Bristol
    • Cambridge
    • Cardiff
    • Chichester
    • Edinburgh
    • Gatwick
    • Glasgow
    • Leeds
    • Liverpool
    • London
    • Manchester
    • Middlesbrough
    • Newbury
    • Newcastle
    • North Yorkshire
    • Nottingham
    • Reading
    • Sheffield
    • Southampton
  • Contact
  • About
  • News & Insights
  • Careers
  • International
Irwin Mitchell Logo
Dialog with Irwin Mitchell phone number
Call us on 0808 291 3524

We're here 24/7, 365 days a year.

  • Home
  • News & Insights
  • Newsletters
  • Temporary Ban on Fracking

Temporary Ban on Fracking

Earlier this month, the Prime Minister announced a temporary ban on fracking. But what is fracking, and how does the ban affect property owners?

Fracking, also known a hydraulic fracturing, involves drilling into the earth’s surface and cracking deep-rock formations with highly-pressured fluids to extract natural gas, particularly shale gas. In the US, hydraulic fracturing makes up 43% of oil production and 67% of the natural gas production. The shale gas industry grew by 45% between 2005 and 2010 – since 2008, there’s been exploration in the UK for onshore fracking.

Although fracking has been hailed by some as the answer to diminishing fossil fuels, environmental groups have listed potential issues including threats to wildlife, contamination of water supplies and the possibility of earthquakes.

In 2011 fracking at a Lancashire site was suspended owing to minor earthquakes, but commenced again in 2012 following the introduction of more stringent regulations. Fracking at a site in Preston was halted in 2018 when 47 earthquakes in the area were reported. 

In March 2019, a High Court judge found the government had acted unlawfully when issuing their ‘Shale Gas and Oil Policy’ document which included the following statement:

"Shale gas can create a bridge while we develop renewable energy, improve energy efficiency and build new nuclear generating capacity. Studies have shown that the carbon footprint of electricity from UK shale gas would likely to be significantly less than unabated coal, and also lower than imported Liquefied Natural Gas.

The government therefore considers that there’s a clear need to seize the opportunity now to explore and test our shale potential."

This policy was to be taken into consideration by local planning authorities when deciding whether to grant planning permission for fracking sites.

On 2 November 2019, the government announced a temporary ban, with business secretary Andrea Leadsom saying the ban would be upheld 'until and unless' extraction is proved safe, but what does this mean for residents whose property has been affected by fracking, or people looking to purchase homes in those areas?

The properties most affected have been in the North-West, in areas where drilling had already commenced. There are also a number of areas where there are licences for fracking in place, but where planning permission hasn’t yet been granted. It’s unlikely now that any such planning permission will be granted.

For homeowners, there's great uncertainty where fracking has commenced. Earthquakes may still occur in the future, and the environmental concerns still remain. The government haven’t banned fracking outright, and undoubtedly the energy companies involved will be doing their utmost to provide evidence of the safety of their activities. Additionally, given the timing of the announcement, many in the political world consider this to be an election stunt to win green votes.

Moreover, for homeowners, their properties may not be as saleable as they once were, and we’ve seen purchasers pull out from transactions over this issue. 

For buyers, the issue of whether a property is in an affected area will become apparent through their environmental search results. These results may recommend a further energy and infrastructure search. Buyers' legal advisers will be able to guide them on these risks. Not least, that a future purchaser may be put off the property. Mortgage lenders may also decline to lend on affected properties or reduce the valuation of the property, leading to a dip in property prices. 

So what of the future? Uncertainty continues for those who have been affected by fracking and it is unclear what the UK’s long term policy will be about the practice. Although this temporary ban has been cause of much celebration, the bad feeling the government has created in residents will be hard to undo with many, such as Susan Holliday, chair of the Preston New Action Group, claiming "We have been guinea pigs".

Whilst the outlook in the short term may appear to be more positive, the longer term position still remains unclear. This lack of certainty may still be problematic for those looking to sell or to refinance. For those looking to buy in areas affected by fracking, it's paramount that they receive sound legal advice so they're aware of the potential risks and options before committing to the purchase. 


Published: November 2019


A monthly briefing from Irwin Mitchell

November 2019

  • Will Disputes shown to have a Marked Effect on Clients' Mental Wellbeing
  • How Up-To-Date is Your Will?

For general enquiries

0808 291 3524

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year

Contact us today

For a free initial consultation

Freephone

0808 291 3524

Prefer not to call?

Use our form

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Stephen Taylor Solicitor Meet the team

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

Contact Us

Give us a ring to speak to a member of our team in the strictest confidence. Or you can fill out our contact form and we'll ring you back.

0370 1500 100

Our phone lines are open 24/7, 365 days a year

Get a call back

Fill in your details below and we'll be in touch as soon as possible

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

  • Contact
  • 0370 1500 100
  • Contact Irwin Mitchell
  • Social Media
  • Twitter
  • Facebook
  • YouTube
  • LinkedIn
  • Instagram
  • About Irwin Mitchell
  • About Us
  • Responsible Business
  • Careers
  • Business Management
  • Alumni Programme
  • Pay A Bill
  • Complaints Procedure
  • SRA Regulated
  • Terms & Conditions
  • Accessibility
  • Privacy & Security
  • Hoaxes
  • Modern Slavery Act Statement
  • Manage Cookie Settings

© 2025  Irwin Mitchell LLP

Irwin Mitchell LLP is authorised & regulated by the Solicitors Regulation Authority. Our Regulatory Information

Dialog that contains a form to request a callback.

Request A Callback

Enter your details below and a member of our team will contact you within 24 hours

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.