Shale Gas Exploration and Development

1. Shale Gas Exploration and Development Case Studies Rachel Hamblin

2. Case studies Banks Enclosed Marsh, Becconsall, Lancashire • Planning permission granted in September 2014. Nine Acre Copse, Fernhurst, West Sussex • Planning permission refused in September 2014 because the applicant failed to demonstrate exceptional circumstances exist and that it would be in the public interest for such exploration to take place within the protected landscape of the South Downs and due to the adverse impact on the tranquillity and amenity of the National Park. Boxal Bridge, Wisborough Green, West Sussex • Planning permission refused in July 2014 permission because access considered to be unsuitable in terms of highway capacity and road safety and on residential amenity through increased noise. • An appeal has now been lodged. West of Commonwood Farm, Commonwood, Wrexham • Permission was initially refused because proposal considered to be i) in an unsustainable location and ii) industrial development outside recognised settlement limit. LPA also held that the geophysical survey did not provide sufficient information. • Appeal allowed in October 2014.

3. Case Studies Preston New Road and Roseacre Wood, Lancashire Two applications were submitted for each site: • Exploration works application – construction and operation of a site for drilling up to four exploratory wells, hydraulic fracturing of the wells, testing for hydrocarbons, suspension of the wells and restoration, including provision of an access road and access onto the highway, two connections to the gas grid, security fencing, lighting and other uses ancillary to the exploration activities. • Monitoring works applications – the construction, operation and restoration of two seismic monitoring arrays comprising of 80 buried seismic monitoring stations and 10 surface seismic monitoring stations. The application is also for the drilling of three boreholes, each installed with two monitoring wells to monitor groundwater and ground gas. Exploration works application inclusive of connections to the gas grid Exploration works application inclusive of hydraulic fracturing

4. Case Studies Preston New Road Recommended for refusal (Planning Officer’s report prepared for committee held 28 Jan 2015): The proposed development would be contrary to Policy DM2 of the JLMWLP and Policy EP27 of the Fylde Borough Local Plan as it has not been satisfactorily demonstrated that noise impacts would be reduced to acceptable levels and would therefore unnecessarily and unacceptably result in harm to the amenity of neighbouring properties by way of noise pollution. Roseacre Wood Recommended for refusal: as above; and The proposed development would be contrary to Policy DM2 of the Joint Lancashire Minerals and Waste Local Plan – Site Allocation and Development Management Policies in that it would generate an increase in traffic, particularly HGV movements, that would result in an unacceptable impact on the rural highway network and on existing road users, particularly vulnerable road users and a reduction in overall highway safety that would be severe. Following the publication of the Officer’s report the applicant submitted further information in respect of noise and traffic and requested all the planning applications to be deferred. The Committee resolved to defer determination of the applications to enable the further information to be advertised and consulted on.

5. Case Studies Observations • Becconsall permission approved despite widespread concerns about shale gas extraction in Lancashire. • Fernhurst decision turned on the tests at para 116 of the NPPF. Any appeal will be instrumental in establishing how the Secretary of State considers that these tests should be applied in the case of shale gas extraction (depending on the timing of the appeal and the coming into force of the Infrastructure Bill). • Wisborough Green decision turned on “traditional” highways related issues. • Wrexham initial decision appears to have been influenced by potential future development – rather than that proposed in the application. • Preston New Road and Roseacre Wood – recommendations for refusal on noise and highways impact. Overall – while the shale gas debate may have been an influencing factor in some of these cases, the deciding factors cited are mainly based on “traditional” planning considerations.