Draft Nottinghamshire Minerals Local Plan

Nottinghamshire Minerals Local Plan - Draft Plan Consultation
Comments from Nottingham Friends of the Earth
(Note: our comments submitted in January 2018 are attached as an Appendix to provide background information.)
Climate change
1) Policy MP12 (Hydrocarbon Minerals) does not adequately consider the responsibility to plan to meet the challenge of climate change. The Revised NPPF (July 2018) states in para 149: "Plans should take a proactive approach to mitigating and adapting to climate change ..." (in line with the objectives and provisions of the Climate Change Act 2008). Policy MP12 should be redrafted to ensure that proposals for exploitation of hydrocarbon minerals are tested against this requirement.
2) As an example, the Cumbria Minerals & Waste Local Plan adopted in September 2017 includes under Policy DC13 (Criteria for energy materials) a requirement that, for exploration and appraisal, "the impacts of the development have been considered in relation to impact on climate change"; and, for commercial exploitation, "the impact of the development has been considered in terms of contributing to the mitigation of climate change".
3) The Kirklees Local Plan (currently consulting on Proposed Modifications) includes under Policy PLP42 (Proposals for production of hydrocarbons) a requirement that proposals "will be considered against the following criteria: ... h. Where a proposal demonstrates that it will have a net zero impact on climate change."
Unconventional hydrocarbons
4) We do not agree with the statement in section 4.109 that "It is considered that there is no justifiable reason in planning policy terms to separate shale gas from other hydrocarbon development." (See our response to the Issues & Options consultation in January 2018 in the Appendix below for a number of reasons why shale gas development could pose a different order of planning challenges as compared to the small oil and gas wells currently operating in the county.)
5) There are a number of issues considered in the public examination of the North Yorkshire Minerals & Waste Joint Plan earlier in 2018 which should be considered for the Nottinghamshire Minerals Local Plan, including:
* A definition of hydraulic fracturing suitable for the planning system, now amended to "Hydraulic fracturing is the process of opening and/or extending existing narrow fractures or creating new ones (fractures are typically hairline in width) in gas or oil bearing rock, which allows gas to flow into wellbores to be captured."
* 500m separation distance.
* The Inspector also seems to have accepted arguments for a maximum wellpad density and for financial guarantee.
6) In the Nottinghamshire context, specific reference should be made to risks associated with former coalfield workings. Bassetlaw MP John Mann has urged consideration be given to a report by Geophysics Professor Peter Styles who has drawn attention to the importance of making use of high-resolution mapping of faultlines.
7) Specific reference should also be made to the importance of the Sherwood Sandstone Aquifer.
1. http://www.cumbria.gov.uk/planning-environment/policy/minerals_waste/MWLP/Adopted.asp
2. Main Modifications, s 5.119: https://www.northyorks.gov.uk/sites/default/files/fileroot/Planning%20and%20development/Minerals%20and%20waste%20planning/Examination%20Library/LPA%20Docs/LPA90%20-%20Main%20Modifications%20to%20be%20discussed%2013%20April%202018.pdf
3. https://drillordrop.com/2018/04/13/live-updates-inspector-examines-key-issues-on-fracking-in-north-yorkshire/
4. https://www.northyorks.gov.uk/sites/default/files/fileroot/Planning%20and%20development/Minerals%20and%20waste%20planning/Examination%20Library/LPA%20Docs/LPA89%20500m%20buffer%20note.pdf
https://drillordrop.com/2018/03/13/live-updates-fracking-policy-for-n-yorkshire-comes-under-scrutiny/
5. https://www.parliament.uk/edm/2017-19/1303
http://www.talkfracking.org/wp-content/uploads/2018/05/Fracking-and-Mining-Styles-Final.pdf