Draft Nottinghamshire Minerals Local Plan

Response to Question 21
What do you think of the draft policy to meet demand for hydrocarbon minerals over the plan period?
Felsham Planning and Development is instructed to submit a representation to the Minerals Plan consultation on behalf of INEOS Upstream Ltd. This representation deals with policy MP12 and Question 21.
We welcome the overall positive approach taken to oil and gas, and note the following in the Minerals Plan consultation document:
 Hydrocarbon minerals, which comprise oil and gas, are the most important energy minerals produced and consumed in the UK.
 Planning permission is one of the main regulatory requirements that operators must meet before drilling a well for both conventional and unconventional hydrocarbons.
 There are other regulatory authorities that regulate elements of hydrocarbon development and therefore planning should focus on the land use effects
We welcome the fact that the consultation document provides a single criteria based policy for hydrocarbons. This is a simple and straightforward approach that we have advocated should be adopted elsewhere. In our view this will ensure that a proposed development does not have any unacceptable impacts on the environment or residential amenity at each phase (exploration, appraisal, extraction) and is appropriate to address future conventional and unconventional hydrocarbon development in Nottinghamshire.
Support for a positive approach to hydrocarbons is provided by the previously published Nottinghamshire Minerals and Waste Plan. Its policy was simple and positively worded and recognised that the policy is supported by other policies in the Local Plan, which provide the details for necessary assessment of impacts. We see no reason for not adopting similar policy wording, therefore, we support the proposed draft text for policy MP12 Hydrocarbon Minerals.
The suggested policy is positively worded. It notes that the main concerns are with the environment and residential amenity but as there are other policies dealing with such impacts, each containing assessment criteria, the oil and gas development policy of the plan does not need to list these considerations in its policy.
The supporting text should provide background and justification, which links to the National Planning Policy Framework (NPPF) and other Government policies, and the PEDLs should bemapped and safeguarded.
This approach to policy wording will ensure that the policy is in accordance with Government Guidance, in particular the Written Ministerial Statement (WMS) of May 2018 and NPPF. These are significant matters affecting the drafting of policy MP12 and we feel the policy needs to take full account of the issues raised. We set out below the key points in those documents that we feel should be identified in the supporting text and give weight to our arguments in support of the draft text for policy MP10.
Written Ministerial Statement (May 17th 2018)
The WMS is a new material consideration and should be given great weight as a statement of national policy, especially given that the announcement is so recent. The WMS confirms its status by noting that This Statement is a material consideration in ... decision-taking, alongside relevant policies of the existing National Planning Policy Framework (2012), in particular those on mineral planning (including conventional and unconventional hydrocarbons). The statement is also clear that Shale gas development is of national importance. The Government expects Mineral Planning Authorities to give great weight to the benefits of mineral extraction, including to the economy. This includes shale gas exploration and extraction. It therefore directly applies to the draft Local Plan minerals policies and confirms the importance to the country of undertaking the activity proposed by the development.
It is Government's view that there are potentially substantial benefits from the safe and sustainable exploration and development of our onshore shale gas resources. The Statement notes that This joint statement should be considered in planning decisions and plan-making in England. This confirms that Government considers there are potentially benefits arising from shale exploration. Again, we would anticipate that draft Minerals Plan will give great weight to this strategic factor..
WMS also states that The UK must have safe, secure and affordable supplies of energy with carbon emissions levels that are consistent with the carbon budgets defined in our Climate Change Act and our international obligations. We believe that gas has a key part to play in meeting these objectives both currently and in the future. It also observes that Gas still makes up around a third of our current energy usage and every scenario proposed by the Committee on Climate Change setting out how the UK could meet its legally-binding 2050 emissions reduction target includes demand for natural gas. Furthermore it states that The UK must have safe secure and affordable supplies of energy" and estimates that we could be importing up to 72% of our gas by 2030. This confirms that unconventional hydrocarbons does not conflict with climate change objectives, and that it is necessary to continue to explore for and ultimately extract gas in the UK in order to provide a local and secure source of gas.
On this basis, Government believe[s] that it is right to utilise our domestic gas resources to the maximum extent and exploring further the potential for onshore gas production from shale rock formations in the UK, where it is economically efficient, and where environment impacts are robustly regulated. INEOS considers that unconventional hydrocarbons have a material benefit in the form of information to help assess the future potential for shale gas extraction in this area of the country, and that it accords with the requirement to assess environmental effects robustly.
The WMS notes that a new shale gas exploration and production sector could provide a new economic driver and that the sector could create a "new model" of the most environmentally robust onshore shale gas sector. Without developments progressing, these opportunities will not be realised.
It also sets out proposals to consult on whether certain unconventional hydrocarbons development should in fact be considered to be permitted development. This indicates that Government's view is that this type of development is not likely to have significant enough effects to warrant express planning control.
In summary, the Minerals Plan should take account of the following points made in the WMS:
Shale gas development is of national importance. The Government expects Mineral Planning Authorities to give great weight to the benefits of mineral extraction, including to the economy. This includes shale gas exploration and extraction.
Mineral Plans should reflect that minerals resources can only be worked where they are found, and applications must be assessed on a site by site basis and having regard to their context. Plans should not set restrictions or thresholds across their plan area that limit shale development without proper justification.
We expect Mineral Planning Authorities to recognise the fact that Parliament has set out in statute the relevant definitions of hydrocarbon, natural gas and associated hydraulic fracturing. In addition, these matters are described in Planning Practice Guidance, which Plans must have due regard to.
Consistent with this Planning Practice Guidance, policies should avoid undue sterilisation of mineral resources (including shale gas).
The WMS expressly states that the national planning policy advice which it sets out is a material consideration in plan-making. It makes it clear that shale gas development is of national importance and that it is expected by the UK Government that mineral planning authorities in England will attach great weight when drafting local plan policies on shale gas development to its potential economic benefit.
Publication of new NPPF
Paragraph 209 states that minerals planning authorities should:
a) recognise the benefits of on-shore oil and gas development, including unconventional hydrocarbons, for the security of energy supplies and supporting the transition to a low-carbon economy; and put in place policies to facilitate their exploration and extraction;
b) when planning for on-shore oil and gas development, clearly distinguish between, and plan positively for, the three phases of development (exploration, appraisal and production), whilst ensuring appropriate monitoring and site restoration is provided for;
In support of this policy approach, we suggest that the following supporting text should also be included within the Minerals Plan:
The UK Government's energy policies seek to encourage the use of natural resources indigenous to the UK as part of achieving self-sufficiency in energy production and increasing security of energy and gas supplies. On-shore hydrocarbon extraction is comprehensively regulated. The Department of Energy and Climate Change has awarded a Petroleum, Exploration and Development Licence (PEDL) for an area within the Council's area.
Onshore hydrocarbons provide an opportunity to extract a nationally important natural energy resource without the environmental impact normally associated with minerals extraction.
The extraction of CBM and shale gas will be incremental and involve more than one exploration and production site. Due to advanced drilling techniques, these sites can be up to 1km apart.
Exploration and development rights granted through a PEDL create land use rights across the licence area, subject to obtaining necessary site specific consents. Safeguarding is important because rights create a land use consideration that may be a material factor in assessing other land use proposals in the area. It is a potential land use consideration that others using the planning service need to take into account.
The PEDL licence does not create automatic development rights and the effects may not apply equally across the PEDL area. Due to the nature of the resource and the location, it is important that it is safeguarded where it is present. It is important that the extent of the PEDL is identified in the Plan and its consequences explained.