Meeting documents

A question and answer session with the Lead Officer for Minerals and Waste Planning, to understand and examine the Council’s most up to date position (in light of recent Government announcements) in relation to ‘fracking’ as agreed at the 6 December Committee meeting.

 

Lester Hannington – Lead Officer for Waste and Minerals Planning

 

Papers:

·         Update report – recent developments concerning ‘Fracking’ for shale gas

·         Briefing note on Fracking and Shale Gas

 

Lester Hannington, Lead Officer for Waste and Minerals Planning Policy was welcomed to the meeting.

 

Mr Hannington began by explaining that Buckinghamshire County Council is reviewing their existing Minerals and Waste Local Plan with a view to begin work to replace it in 2014.  The County Council adopted the Minerals and Waste Core Strategy in November 2012 which provided some overarching policies on where mineral extraction and development should take place.

 

The 2006 adopted Minerals and Waste Local Plan is out of date, and the National Policy Framework has since been published.  One key area of work is revisiting the policies, and bringing them up to date, as well as identifying new sites for mineral working and for certain small scale kinds of waste development. The oil and gas industry is one element that needs to be taken into account when the review is carried out and the plan is brought up to date.

 

There have been a continuing number of developments recently, which are included in statements from Members of the Government, and other reports. There has been a recent announcement by the Chancellor of the Exchequer in the autumn statement 2013 of changes to the tax regime in respect of shale gas exploration and production.

 

There are two exploration licences in the East Midlands in a geological basin known as ‘the Gainsborough Trough’ which is historically an area of oil and gas extraction, and has been part acquired by a French company, Total.

 

In January 2014, the Government announced that local Councils where shale gas ‘fracking’ is allowed will be able to received 100% of Business Rates from the operation (the current rate is 50%).  Buckinghamshire County Council is a Mineral Planning Authority and would determine any applications that come forward for shale gas exploration or production. There are no applications at present for determination, no pending applications, and none submitted in the past.

 

Local residents and communities affected by ‘fracking’ for exploration or production, are now being offered a compensation scheme which includes at the explorations stage, £100,000 in community benefits per well-site where fracking takes place.

 

In October 2013, Public Health England published a ‘Review of the Potential Public Health Impacts of Exposures to Radioactive and Chemical Pollutants as a result of Shale Gas Extraction’.  The review considered various chemicals involved with shale gas exploration using hydraulic fracking and the risks associated.  It concluded that the risks are acceptable so long as the practice of exploration by hydraulic fracturing is appropriately regulated.

 

The clear message is that Government historically continues to rely on the effectiveness of the regulators, which means especially the Environment Agency and the Health and Safety Executive.  This is expressed very strongly in the National Planning Policy Framework and the Planning Policy Guidance in respect of hydrocarbons.

 

The next steps are;

·         The Government is to undertake a further round of licensing for onshore oil and gas exploration later this year.  The Council should wait for this licensing round and at that time review whether any new licenses may affect Buckinghamshire.

·         The Council as Minerals Planning Authority will be developing a new planning policy document ‘the Replacement Minerals and Waste Local Plan’ (MWLP).  This will provide the opportunity to have a robust and up to date policy or policies with which to determine any planning applications for ‘fracking’ for shale gas that may arise in the future.

 

During discussions, the following questions were asked and points made.

 

Does the Council have a positive view on fracking or should it remain neutral, if any application is received before the core strategy is amended what would be the process. When the County Council replaces the existing Minerals and Waste Local Plan, if they put forward a policy which is very negative later in the process there could be problems in terms of the acceptability at the Hearing stage. The inspector will look at the National Planning Policy Framework (NPPF).  If the Replacement Local Plan was found not to be positively worded about development, this would need to be justified in terms of local evidence since polices are supposed to facilitate development.

 

Has there been any historic drilling or exploratory work in Buckinghamshire? There has been some degree of exploration for conventional oil and gas but none of the exploratory work has shown a commercially viable deposit of oil and gas. This is one of the reasons why some of the areas are shown in the recent Strategic Environmental Assessment, not because they are a strong candidate for future licencing.

 

Is there any view/inclination about the Core Strategy i.e. will it reflect the NPPF rather than the local policy which would be for the benefit of the county? It is a legal requirement to be consistent with the NPPF.  However where there are local considerations they can be taken into account and locally specific policy can be developed.  Oil and gas has historically been won through more conventional forms of extraction throughout the world.  The use of ‘fracking’ is not entirely new, because even with conventional oil and gas extraction, a small amount of fracking is often used to make the wells flow slightly better. It remains to be seen whether a local ‘slant’ can be developed. In developing planning policy, the starting point is always the NPPF, and cannot be deviated from, unless there is a very strong argument to do so.

 

Is there the intention to consult with members of the public to bring them up to speed on fracking in both rural and urban areas? The intention is to consult with District and Parish Councils and any known individuals who have an interest in fracking to obtain a view on the potential choices, any specific issues, and the direction of travel for the rest of the plan making process.  Any specific businesses and individuals/organisations can be added to our database.  Ideally some exhibitions will also be held.

 

There was a very useful policy briefing issued last week from the Local Government Information Unit and irrespective of the for/against fracking issues, a very important point was made.  Would the Authority’s current policy deal with this satisfactorily or does the timetable for updating the plan and policy need to be addressed more urgently?  If fracking was to happen, are we satisfied there are the appropriate safeguards against water contamination on sustainable water, the disposal of waste water and chemicals and the risk of seismic disturbance? What mitigations would be put in place for the inevitable disturbance of local residents and to ensure that benefits flow to the local economy? If an application is submitted for exploration by fracking, first of all the applicant has to notify all of the landowners including agricultural tenants.  Residents adjacent to the property are also consulted to give the opportunity to raise objections/give comments to the planning authority. There has been a recent consultation on proposed changes to the planning application regime in terms of oil and gas exploration in January 2014, which would take away the need to notify landowners, but this has yet to be approved.  It was only a consultation document. There is also the issue of potential trespass.

 

In respect of compensation, the UK offshore operators group have voluntarily offered a compensation scheme of £100,000 in community benefits per well-site where fracking takes place.  A payment of 1% of revenues at production will also be paid out to communities.  Further details on how this will be distributed are awaited.

 

What do the existing policies deal with in terms of water safety through to mitigations of disturbances of communities? Generically oil and gas exploration is dealt with under Policy 9 of the existing Minerals and Waste Local Plan. There are a number of issues that are dealt with under other policies;

Policy 33 – ground water and flood plains

Policy 30 - Transport

Policy 31 – Restoration

Policy 28 – Amenity impacts such as noise, vibration, dust, fumes, pollution etc

These are the existing policies that are used on a day to day basis by colleagues in the Planning and Advisory Compliance Service for determining applications for mineral extraction of waste developments.  The policies are fit for purpose, but the issues will be revisited in bringing forward a new replacement Minerals and Waste Local Plan. There is also a strong reliance from the Government on the regulators, both the Environment Agency and the Health & Safety Executive, who have more detailed involvement in terms of protecting the water environment through dealing with the waste that comes out of the site and how it affects the water table and the integrity of the wells itself.  As a Planning Authority, the County Council has the separate role of dealing with other issues such as access, transport, lighting etc.

 

The Government had an 18 month moratorium in place. In their recent report, they said that the two year delay was disappointing.  Is there the sense of speeding up the pressure on Local Authorities to get planning regimes in place so that fracking can move ahead? Yes, in the sense of if the planning policies are less up to date the Authority could be slightly more vulnerable if an application was submitted.  There is only one licence at the moment which overlaps slightly with the County Council administrative area.  The 14^th round of licensing is due, and the overlap with the County Council boundary needs to be looked at. There is clearly a strong push to promote fracking, and the need for the Authority to be in a strong position to respond if any applications are received.

 

In a further report the Local Government has said ‘it is up to the Local Authority to determine an application based on their Local Development Plan’.  What happens if there is not a Local Plan in place before the 14^th round starts? There are the existing saved policies from the 2006 plan. New preferred areas for development need to be identified for certain forms of development e.g. sand and gravel. This is more difficult with oil and gas since a key locational issue is about the licence from the Department of Energy and Climate Change which is specific to the area of land.  Unless there is a licence on the piece of land, there is no point in applying for planning permission. The Department of Energy and Climate Change are conducting a new round of onshore oil and gas licensing (14^th round) later in 2014.  This may be a key opportunity to bring policies up to date.

 

When round 14 starts and licenses being issued what happens in terms of public consultation, how are members of the public consulted to make sure they are aware of planning applications and would there be extra publicity and safeguarding? It is usual for immediate residents to be notified by the Local Authority as part of the process of handling planning applications.  It is the responsibility of the applicant to notify landowners and agricultural tenants themselves. The Local Authority would also notify any residents adjacent to the site. The District and Parish Councils will also be notified and made aware.

 

[Tim Butcher joined the meeting at 11.10am]

 

The National Planning Policy Framework (NPPF) has guidelines around planning concerning oil and gas, and there is a separate planning policy guidance note.  If permission is granted, what else is required before exploration could begin? Apart from the planning permission, potentially a permit from the Environment Agency and drilling consent from the Department of Energy for Climate Change is needed before exploratory works can begin.  There is also involvement from the Health and Safety Executive in terms of the integrity of the well.  The operator has to appoint an independent well examiner.  It is a highly regulated process. 

 

One observation is from the Department of Communities and Local Government revised requirements relating to Planning Applications for onshore oil and gas proposals paper January 2014.  The Government view is for minimum regulatory burden on the industry which will need to be looked at carefully if an application is made.  A copy of the LGiU update to be circulated with the minutes. At the permissions stage the Local Authority could potentially ask for an Environmental Impact Assessment, as this application could be screened and classed as a Schedule 2 development.  The detailed information would be looked at to ensure that relevant policies are satisfied, and that the information provided is sufficient to satisfy the Council planning policies. The key emphasis in the NPPF and the technical guidance on oil and gas, is that the County Council should not be seen to be undermining the regulatory regimes of the regulatory pollution bodies.

Action: Steven Lambert/Sharon Griffin

 

The report advises the ‘The County Council hopes to begin work on a new planning policy document on minerals and waste later in 2014’.  There is concern that the current policies could be seen as a ‘light touch planning authority’.  Are there a robust set of policies in place now that could deal with any applications, when are we likely to hear the outcome in the 14^th round and should the Local Authority commence review of policies in particular those which relate to fracking, sooner rather than later? There is currently no indication at the moment of when the outcome of the 14^th round will be announced.  Buckinghamshire County Council is not a light touch Authority in that sense.  It remains to be seen what amended wording would be acceptable to the inspector when we get to hearings for the submitted Replacement Minerals and Waste Local Plan.

 

With regard to safety etc, what solid guarantees are there that fracking will not disturb or affect the land structure locally both short and long term? If seismic events are being referred to, in 2012 the Government halted drilling operations in Lancashire as there were minor tremors.  The tremors were investigated and further requirements were brought in for the operators to take on board. The Government is now convinced that it is safe enough to allow fracking to resume. Other bodies such as the Royal Society and the Royal Society for Engineering believe that so long as the process is regulated adequately, there shouldn’t be any problem.  In terms of any impact on stability of the ground or the water environment, fracking takes place at a greater depth than the water table is.  The Health & Safety Executive and the Environment Agency are very much involved in the detail of how the process takes place. There the expectation by Government is that the environment should not be harmed if the regulators do their job properly.

 

A recent report from the United States Environment Protection Agency refers to the risks, the environmental footprints of the sites, fugitive emissions from methane, the aquifer etc.  As this is a carbon based emission risk, how does this fit into working with other Local Authorities on air quality management, what policies are in place to manage fugitive emissions, what would the impact be on our carbon reduction plan and the environmental footprint? The area of the site, i.e. its land-take is the planning matter.  However, the use would be temporary for the exploration phase.  Emissions to the air of primarily regulated by the Environment Agency, as some venting of gases found does occur.  However if the amount of gas was commercially viable, then it could lead to an application for a facility to use this gas commercially.

 

With regard to the licencing, is this for the equipment to drill but not the sub surface and the footprint?  The area is licensed by the Department of Energy and Climate Change. The actual area of the site for drilling purposes especially for the exploration phrase is usually no more than two hectares.

 

There are very limited opportunities for fracking in Buckinghamshire.  If for example, if a seam was found under Aylesbury, how would the policies be managed and how would work take place with other Local Authorities to ensure there was protections in place and ensure there were adequate protections in place, and ensure that carbon emissions were managed? To what level of degree do we work with other Authorities to make sure the best local policies are put on place to safeguard the local environment and the residents? In terms of the plan production, the Authority has ‘duty to co-operate’ which means work takes place other Local Authorities, both in and out of county, take their views into account, and seek to resolve any difference of opinion.  The views of technical bodies also need to be taken into account to see if they can be implemented through the planning policy. If emission standards of the statutory regulators are exceeded, the Council can use this as consideration as a conflict with planning policy to potentially refuse permission.

 

With regards to safeguards, are these put in place when work starts, by other Local Authorities? In terms of safeguards, for example it is normal to have lighting on the site if there is a facility for drilling but this can be controlled by planning conditions.  The issues about water environment would primarily be regulated during the drilling process by Environment Agency and the Health and Safety Executive.

 

With regard to the recent flooding and surface water issues (use of water, waste water and the impact on the existing water), would there be three potential decision makers or would the Environment Agency decide on all three? The planning decision made would primarily be by the County Council, in the sense that they need to be convinced that exploratory work is acceptable as a use of land given the existing planning policies. For example, Minerals and Waste Local Plan policy 33, which is about protection from ground water, flood plains and potential flooding.  The first line of defence after the licensing by the Department for Energy and Climate Change is planning permission from the County Council. The potential for the effect on ground water would be an issue that would be considered in reaching any planning decision. If planning permission is granted then the company would still need to gain permits from the Environment Agency, and the Health and Safety Executive.

 

At what point would there be public consultation with the local Members?  Local Members would ideally be made aware of any applications before members of the public.

 

Will Local Members have input in the draft plan? The intention is to have involvement in terms of Member briefing sessions before the consultation stage.

 

What is the current timescale for the review? There needs to be a revision to the existing Statement of Community Involvement first.  Ideally the regulation 18 consultation on the new plan will start in the summer/autumn of 2014.

 

There has been a lot of media interest about fracking.  What are the Authority doing to ensure the facts, knowledge and information reach members of the public? Work is taking place on the BCC website to improve our existing ‘Frequently Asked Questions’ page on ‘Fracking’ so as to include further information, and links to other websites i.e. the Department of Energy and Climate Change website.  Communication is an important issue. Mr Hannington advised that he is happy for any further questions/queries to be directed to him.

 

The Chairman thanked Mr Hannington for the very informative update.

 

 

Committee Recommendations

 

The Committee recommends that the Cabinet Member;

 

1.         should consider producing a formal communication strategy to ensure clear communication at an early stage of the planning process, such as the latest news relating to the 14^th round of licensing;

2.         review and develop a clear timetable for the  Replacement minerals and Waste  Local Plan at the earliest convenience;

3.         review the current policy and consider expediting policies relating to ‘fracking’ in the minerals and waste local plan to ensure that, should the authority receive applications for ‘fracking’, its policies are clear and robust;

4.         that the committee receive an update on the  Replacement Minerals and  Waste  Local Plan at the appropriate time.