Meeting documents

Members will receive an update on the implications of the Licensing for Oil and Gas Exploration following the recent invitation for applications for Licences in the 14th Landward Licensing Round, and the publication of additional planning guidance. This will include an update on the Committee’s recommendations made in Feb 2014 (via letter to Cabinet Member).

Lesley Clarke OBE, Cabinet Member for Environment and Planning

Lester Hannington, Lead Officer for Minerals and Waste policy

Lesley Clarke OBE, Cabinet Member for Environment and Planning and Lester Hannington, Lead Officer for Minerals and Waste policy were welcomed to the meeting.

Mr Hannington referred to his attendance at the 4 February meeting of the ETL Select Committee during which an update was given on the Council’s most up to date position (in light of recent Government announcements) in relation to ‘fracking’.

The Government has since published an invitation to apply for Licences for oil and gas exploration under the 14^th Landward Licensing Round as well as additional planning guidance.  The Department for Energy and Climate Change (DECC) will consider applications for licenses received no later than 2pm on 28 October 2014.

In terms of the implications for Buckinghamshire, Appendix 1 on page 24 of the agenda shows the blocks of land that are available for applications. 

The Frequently Asked Questions section of Fracking for shale gas page of the BCC website has been updated to reflect the current stage of the process.  The website will continue to be revised as and when new information is available.  District councils are also hosing this page on their websites.

http://www.buckscc.gov.uk/environment/planning/minerals-and-waste-planning-policy/fracking/

There has been a review of existing Minerals and Waste policies. Part of the overall ‘Replacement Minerals and Waste Local Plan’ is out of date and is not consistent with the Government’s National Policy Planning Framework.

A new Local Development Scheme has been published which sets out a timescale for the production of the Replacement Minerals and Waste Local Plan which will begin with a consultation on issues later in 2014.

The report points out that the Government is inviting applications for oil and gas exploration licenses.  There is a key role for the County Council as the Minerals Planning Authority in terms of the Development Control Committee having an up-to-date local planning policy to enable better informed decisions to be made on any applications that may come forward.

Although the County Council needs to be mindful of advice from other regulators, there are many other links in the chain of this regulation of this process e.g. operators can’t apply for planning permission unless they have a license. However, the outcome of the present round of applications for licenses will probably not be known until 2015. In addition, the geological information on Buckinghamshire isn’t sufficiently advanced to show what the number of applications for Licenses may be received by DECC.  There could also be further licencing rounds every 2-3 years.  This is the indication from Department for Energy and Climate Change.

During discussions, the following questions were asked.

Previous understanding was that Buckinghamshire would not be selected for fracking. It now seems to be the case that Buckinghamshire will be selected. Buckinghamshire has not been selected in isolation. Information received from DECC infers that any area where there is slight indication of the presence of any form of oil or gas has been included in the areas of land available for applications for licensing. Historically there has been some indication about the presence of conventional gas in some parts of the county but there have not been commercial viable quantities. Nevertheless, these areas have been included.  We would be talking about a different resource ‘shale’ which is much deeper in the ground.  It is not clear if the two are connected. The indications are that it could take 30 test drilling sites before there a commercially viable quantity of gas is found.

During previous discussions, there was mention about Aylesbury allegedly over a slight fault line. What effect would fracking have on the fault line? Because the technique of hydraulic fracking and the associated earth tremors i.e. in Lancashire, DECC made the decision to change regulatory powers which also brought additional powers into the licensing regime i.e. operators need to provide more information about how work is going to be carried out, and need to have a ’frack’ plan approved by the Department for Energy and Climate Change. The Government view is that this won’t happen or shouldn’t happen as there are sufficient regulatory controls in place. There is also planning permission, the Environment Agency permit around water and waste, and the Health and Safety Executive around the integrity of wells. The line from Government is that we should not doubt the efficacy of these separate pollution control regimes, but there is always the unknown.

It is possible to have clarification of the process a company would go through to be able to start drilling. An operator would have to get a license from DECC.  There are pre-application discussions with the Environment Agency and Natural England and English Heritage as well as screening for applications. The operator would submit a planning application.  Agreement is needed from the surface landowner and validation from the Minerals Planning Authority.  The application would also go via the Development Control Committee. If agreement is given, the application goes for DECC for consent. There is an advisory note about fracking on the Bucks County Council website which includes a flowchart of the fracking process.

http://www.buckscc.gov.uk/environment/planning/minerals-and-waste-planning-policy/fracking/

Has the Government set up a committee or governing body to draw together the decisions from the organisations involved in the process? The Government has not set up a committee.  The first stage of the licensing is with DECC.  This involves a lot of technical work. The Minerals Planning Authority remains in the middle position.  The Environment Agency and the Health and Safety Executive work jointly.

Could Buckinghamshire be the first county to have a governance committee which would be able to fast track any applications received for licences? The Cabinet Member for Environment and Planning said this could be an idea to consider in the years to come. We need to see what Government is going to put into place.  There is the awareness that ‘fracking’ will take place, and there could be the need to fast track applications. Government could well put this Committee in place themselves. We can ask the question about setting up a committee but it might be re-eventing the wheel.

We seem to be in a situation where there are not the necessary high levels of ‘fracking’ capability or resource under the ground to make Buckinghamshire a top choice for exploration but there is still the risk of the decision being made for exploration to take place. The Minerals and Waste Strategy for Buckinghamshire is currently being updated but there needs to be a plan in place if any applications are received for licensing. In terms of reviewing the Policies and consulting with Parishes, the concern is that Parishes need to respond to any consultations and they won’t. With this in mind, what does the communication plan look like and if an application is received, how are we going to expedite the policies and be in a position to make a decision at Development Control Committee.  What does this time line look like? The Cabinet Member for Planning & Environment reiterated that a lot of hoops to go through for an application to be granted. We are not expecting anything before next month with the 2014 Licensing round. This then has to go via Government, following which it will come as a planning application to BCC as the Mineral Planning Authority. We will then ensure that there is the right licensing and permissions from Government and whether we feel we can agree this. BCC resolve about fracking has been firmed up in the Minerals and Waste Strategy. Parishes have to respond to consultations. If you look at the other groups involved in the consultation process, there is another layer of protection before the planning application stage is reached. It has to be acknowledged that fracking and oil extraction has being going on in the UK for a long time for example at Wytch Farm in Dorset. Apart from local people, many don’t realise this is taking place. Buckinghamshire is a long way down the list for exploration.  It will be incredibly expensive to extract oil and gas from under the ground in Buckinghamshire. By then I am sure that good policies will be in place to protect

Paragraph 9 of the report advises that the ‘Replacement Minerals and Waste Local Plan’ will undergo its first public consultation later this year. Is it possible to be more accurate about the timescale of the consultation? The Local Development Scheme is a public facing statutory document which sets out our intentions.  It is likely that the first consultation setting out issues, and discussion potential options, will take place starting in November 2014.  Beyond this a draft plan and policies will be drawn up. Details of the Minerals and Waste Local Development Scheme are on the BCC website which includes a schedule of Proposed Minerals and Waste Development Documents for Buckinghamshire.

http://www.buckscc.gov.uk/environment/planning/minerals-and-waste-planning-policy/local-development-scheme-2014/

The nature of the statutory process means that even if consultations begin, and preparation work goes smoothly, it can take four to five years to get to the end of the process which is determined by law and guidance

The Chairman reiterated that communication is very important part of the process. Mr Hannington said in terms of consultations, the aim is to include exhibitions and interactive events, which will give parish and members of the public the opportunity to be more aware and involved in the process and to provide their views.

The Chairman thanked Mr Hannington for the very helpful update.