A LEGAL challenge may be looming into the controversial decision to allow fracking to go ahead in North Yorkshire.

Environmental campaigners have formally told the county council in a “pre action letter” that they believe the decision was unlawful – and warned they may seek a judicial review unless they receive a satisfactory reply.

The groups Friends of the Earth and Frack Free Ryedale are furious over the authority’s approval last month of plans for fracking by gas firm Third Energy at Kirby Misperton, near Pickering.

The process of hydraulic fracturing, known as fracking, involves pumping water, sand and chemicals at high pressure into underground rock formations to release gas.

Only 36 people wrote in support of the project at the exciting well at Kirby Misperton while some 4,375 objected – but after a two-day special meeting the county’s planning committee still voted by seven to four in favour of the scheme.

The key ground on which Friends of the Earth and Frack Free Ryedale intend to challenge the decision is climate change - because they believe the council failed to consider the impact of gas extracted through fracking burned at Third Energy’s power station nearby.

FoE’s legal adviser Jake White said: “Communities have no right of appeal against fracking decisions, only developers do.

“Friends of the Earth and local people can’t appeal to get the councillors' decision over-turned. Given that we have legitimate legal concerns it is only right that the court may be called upon to decide them.

“Because the decision appears to have been arrived at without properly considering climate change, we believe it to be unlawful.”

Campaigner Simon Bowens added: “A mere six months after the Paris Climate Change Agreement, North Yorkshire County Council decided to support a dirty, dangerous, fossil fuel industry.

“They side-stepped the wishes of the people they represent, the powerful testimonies presented to them over two days, and their legal duties to reduce greenhouse gas emissions.

“This was undemocratic, reckless and Friends of the Earth believes it could be unlawful as well.”

A spokesman for the authority said: “As yet the county council has not received a pre action letter from Friends of the Earth. When we receive the letter the Council’s legal team will consider the issues raised.”