Fracking update from WC

There's still no sign of the previously granted licenses being implemented. WC officers are however preparing themselves for any activity. Their approach seems to be that any planning applications would expect to be allowed, and opposition to fracking is something to be managed and neutralised. The following report does however give a useful precis of where we are at the moment, and where we could be in a few years time.

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1. Petroleum Exploration and Development Licences

1.1. On 17 December 2015, the Oil & Gas Authority (OGA) announced that licences for a total of 159 blocks were formally offered to successful applicants under the 14th Onshore Oil and Gas Licensing Round. Government offered Petroleum Exploration and Development Licences (PEDLs) for four blocks of land in Wiltshire, which encompass Westbury, Warminster, Trowbridge and parts of Bradford on Avon.

1.2. The licence offers in Wiltshire have been made to South Western Energy Limited. Although their applications indicate the 'type' of activity as coal bed methane extraction, the award covers any hydrocarbon and is not limited to the 'type' specified.

1.3. A PEDL gives the licensee exclusivity over a defined area of land for onshore hydrocarbon exploration, appraisal and extraction, including for shale gas and oil as well as conventional forms of oil and gas. The award of a PEDL does not itself give any permission for operations to begin. There are three phases of oil and gas development which all require separate planning permissions and environmental permits (from the Environmental Agency) before each phase of development. These phases are followed by decommissioning, restoration and aftercare.

Phases of Oil and Gas Development

Exploration is the use of seismic surveys to provide information about geological structures and exploratory drilling to verify the presence or absence of oil or gas reserves.

Appraisal is the assessment of exploration prospects using extended well tests and additional drilling to determine if reservoir development is economically feasible.

Development and production cover the development of field infrastructure and the production of hydrocarbons from the reservoir until economically feasible reserves are depleted. Development and production can only be initiated by the operator once a field development plan has been submitted to and approved by OGA/DETI, as technically shale gas does not involve conventional fields.

Decommissioning, restoration and aftercare refer to operations for the abandonment of wells, the removal of surface installations and the restoration of the site.

1.4. PEDLs are held by the operator for the various stages of the full development cycle of oil and gas development. PEDLs are routinely issued for a five-year Initial Term, but with an option on a Second Term where the applicant has, among other things, surrendered at least 50 percent of the initial acreage and completed an agreed exploration Work Programme. At the end of the five-year Second Term, the licensee can choose to continue their licence into a twenty year Final Term, provided the OGA has approved a field development plan. There are other circumstances in which a licence may end - in particular, the licensee can relinquish it at any time and in certain circumstances the OGA may revoke it.

1.5. Although a consortium of companies can apply for a PEDL, one company has to be nominated and approved as "Operator" on the licence. This company will be responsible for the day-to-day management of operations under the licence. The company must meet the OGA's Technical and Environmental competence criteria before they will be approved. Without this approval no activity can be undertaken under the licence.

2. Conventional and Unconventional Hydrocarbons

2.1. The term 'conventional hydrocarbons' refers to oil and gas that flows through porous rocks (e.g. limestone, sandstone) into reservoirs under impermeable layers/'cap rock'. Vertical and sometimes horizontal drilling is used for extraction.

2.2. The term 'unconventional hydrocarbons' refers to oil and gas which is trapped in impermeable rock (e.g. shale). Different technology (e.g. fracking) is required to extract the hydrocarbons from 'unconventional' source rock.

3. What is Hydraulic Fracturing ('fracking')?

3.1. Hydraulic fracturing is a technique used in the extraction of oil or gas that operates by injecting water at high pressure to create narrow fractures in rock enabling shale gas to flow.

3.2. A well is drilled and several stages of metal pipes ("casing") are set in concrete within the well to seal it and prevent contamination of surrounding groundwater. A well for shale gas will usually go down vertically to the shale layer and then run horizontally along it.

3.3. For shale gas (which is mostly methane), small particles (usually sand) are pumped into the fractures to keep them open when the pressure is released, so gas can flow into the well. Ninety-eight to ninety-nine percent of the mixture is water and sand.

3.4. Small quantities of chemicals are normally added to improve efficiency, for example, by reducing friction. In the UK, only non-hazardous chemicals can be used in the hydraulic fracturing process. The Environment Agency (EA) has the powers to require full disclosure of chemicals used in hydraulic fracturing. In its document 'Onshore Oil and Gas Exploration in England: Regulation and Best Practice', the Government states that operators should disclose the chemical additives of fracturing fluids on a well-by-well basis. This also is required in the guidelines set by industry.

3.5. Once the rock is fractured, some of the fluid returns to the surface, where it is sealed in containers before treatment. The gas can then flow through the well to surface operations which separate and process the gas. If a gas well goes into commercial production it will usually be connected to the country's network of gas pipelines.

4. Coal Bed Methane

4.1. Coalbed methane (CBM) is methane that is extracted from unworked coal seams. It is an unconventional gas resource and the majority of regulations and controls that apply to shale gas and shale oil also apply to CBM, particularly if hydraulic fracturing is involved. These regulatory controls are co-ordinated by the same UK regulators that regulate shale gas and shale oil development including the relevant MPA, Environment Agency (EA), Oil and Gas Authority (OGA), the Health & Safety Executive (HSE) and the Coal Authority.

5. Drilling for Coal Bed Methane

5.1. CBM is present at shallower depths than shale gas, typically between 150 - 1500 metres. Accessing the gas uses similar oil and gas drilling technologies to shale gas; however, the well configuration is different due to the need to pump groundwater out of the seam.

5.2. To extract CBM, a well is drilled into the coal seam and water is pumped out to lower the pressure in the seam. This allows methane to desorb from the internal surfaces of the coal enabling it to flow, either as free gas or dissolved in water towards the production well.

5.3. The quantity of gas produced from a well increases as the amount of water pumped out decreases. Permeability is necessary to achieve CBM production. The natural permeability of coal seams can be low, so some CBM wells are stimulated (by hydraulic fracturing) to improve connectivity between the well and the coal. The process of hydraulic fracturing may not actually be used if it is at shallower depth.

5.4. The gas is released in a controlled and safe manner by pumping out the water that occurs naturally in coal seams, or 'cleats', to reduce the underground pressure on the coal. The process is reversible and any gas left in the wellbore is re-adsorbed by the coal.

7 The Coal Authority have produced an interactive map viewer which provides information on the location of coalfields in England

6. National Government

6.1. Mineral Planning Authorities (MPAs) are advised to plan positively for shale gas and oil development proposal. The Government considers that shale gas and oil development should be part of the future energy mix, subject to continued environmental assessment and controls. Relatively little exploration and appraisal activity to assess the commercial viability of shale gas and oil has been undertaken in the UK, however recent Written Ministerial Statements are clear in their support for such exploration to take place in a safe and sustainable manner.

6.2. The Shale Gas and Oil Policy Statement by the Department of Energy and Climate Change (DECC) and Department for Communities and Local Government (DCLG) sets out the Government's view that there is a national need to explore and develop our shale gas and oil resources. The announced plans will ensure local people have a say over the development of shale exploration in their area and identified measures to prevent long delays in the planning system, including:

- The Communities Secretary actively considering 'calling in' shale planning applications on a case by case basis and considering recovering appeals

- Identifying Councils that repeatedly fail to determine oil and gas applications within the 16 week statutory timeframe requirement (unless applicants agree to a longer period).

- Underperforming Councils' gas and oil planning applications could be determined by the Communities Secretary.

- Adding shale applications as a specific criterion for recovery of appeals, to ensure no application can 'fall through the cracks'.

- Ensuring planning 'call ins' and appeals involving shale applications are prioritised by the Planning Inspectorate.

7. Hydraulic Fracturing Operations- Regulation Process

7.1. Oil and gas development exists within a complex regulatory regime. The DECC has produced a Best Practice publication which provides detailed information on the process operators must follow when seeking to drill for any form of onshore oil and gas in the UK and addresses the key issues that might be raised. This publication includes a 'road map' of the planning and regulatory process.

7.2. In order to pursue any proposal for oil and gas development within a licensed area, the licence holder will be required to follow existing planning and regulatory processes, i.e. applying for planning permission and relevant environment permits, to gain consent to drill from the OGA. The licensee's proposals will also be subject to scrutiny by the HSE.

7.3. As well as gaining planning permission, the operator must also gain a 'well consent' for exploration from the DECC before commencing works. The DECC also consults with the EA and the HSE at this stage. The EA may also require environmental permits for mining waste activities, and radioactive substance activities (i.e. management of naturally occurring radioactive material). If the company then wishes to go into production (i.e. actually extracting oil/gas) it must gain a new planning permission from the MPA, a Field Development Consent from the DECC, and an environmental permit(s) from the EA, with processes similar to those above.

7.4. The roles of the key regulators are explained below:

- The Department for Energy and Climate Change issues Petroleum Licences, gives consent to drill under the licence once other permissions and approvals are in place, and has responsibility for assessing risk of and monitoring seismic activity, as well as granting consent to flaring or venting.

- The Environment Agency, through the environmental permitting regime, protects water resources (including groundwater aquifers), ensures appropriate treatment and disposal of mining waste, emissions to air, and suitable treatment and management of any naturally occurring radioactive materials.

- The Health and Safety Executive regulates the safety aspects of all phases of extraction, in particular responsibility for ensuring the appropriate design and construction of a well casing for any borehole.

7.5. Access agreement(s) with relevant landowner(s), will also be required and development can only commence once landowner access, and all other permissions and consents have been obtained. Operators wishing to drill a well must secure a lease and negotiate access from the landowner.

8. Monitoring of Hydraulic Fracturing Operations

8.1. The DECC has produced a document which provides information on the regulation and monitoring of shale oil and gas sites.

8.2. This explains that well operators have a legal duty to manage and control the risks to people. The HSE monitors well operations to check these legal duties are carried out. Its specialists will check construction matches the design by reviewing the weekly operations reports it receives from the well operator. HSE intends to jointly inspect drilling and fracking operations with the Environment Agency during the exploratory phase. HSE inspectors can visit any site at any time if there is a matter of concern.

8.3. The relevant environmental regulator will monitor the environmental impacts and inspect the operator's reports. The greater the potential risk, the greater the scrutiny by environmental regulators. Conditions attached to permits will set out the minimum level of site-based monitoring and reporting.

The Planning Process

9. The Role of the Mineral Planning Authority

9.1. Obtaining planning permission is one of the main regulatory requirements that operators must meet before any conventional or unconventional oil and gas development can take place. The planning system manages the development and use of land in the public interest, and this includes:

- Ensuring that new development is appropriate for its location taking account of the effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and;

- The potential sensitivity of the area or proposed development to adverse effects from pollution.

9.2. In doing so, the focus of the planning system will be on:

- Whether the development itself is an acceptable use of the land;

- What the potential impacts of those uses (e.g. on communities and the environment) may be and any control (mitigation) processes; and

- Health and safety issues or emissions themselves where these are subject to approval under other regimes.

9.3. Any planning application for oil and gas development must be submitted to the MPA, which is Wiltshire Council for applications made within Wiltshire. Oil and gas developments are not considered to be a part of the Government's major infrastructure planning regime (which applies to certain kinds of infrastructure projects, and which are determined by the Planning Inspectorate) and all oil and gas developments are decided by the local MPA.

9.4. A change in legislation came into force in April 2016 with regard to the drilling of boreholes for, inter alia, monitoring and investigative activities for the purposes of potential petroleum exploration, including the monitoring of groundwater. The change brought in by amended 'permitted development' rights allow "subject to conditions and limitations, the drilling of boreholes for the purposes of:

- carrying out groundwater monitoring;

- carrying out seismic monitoring; or

- locating and appraising the condition of mine operations, which is preparatory to potential petroleum exploration"

9.5. One such limitation is that development is not permitted if the developer has not previously notified the MPA in writing of its intention to carry out the development (specifying the nature and location of the development).

10. National Policy

10.1. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. Material considerations include relevant policy and guidance, particularly national planning policy in the National Planning Policy Framework (NPPF) and other relevant Government policy statements, as well as that which is provided within the Planning Practice Guidance (PPG).

11. National Planning Policy Framework

11.1. The NPPF, published in March 2012, sets out the Government's planning policies for England. Key sections of the NPPF relevant to shale oil and gas that should be given weight include:

- Paragraph 14 - 'At the heart of the NPPF is a presumption in favour of sustainable development'

- Paragraph 142 - 'important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs'

- Paragraph 144 - 'When determining planning applications, local planning authorities should… give great weight to the benefits of mineral extraction, including to the economy…(and) ensure…that there are no unacceptable adverse impacts on the natural and historic environment, human health.. '

- Paragraph 147 - 'MPAs should…when planning for on-shore oil and gas developments, including unconventional hydrocarbons, clearly distinguish between the three phases of development (exploration, appraisal and production) and address constraints on production and processing within areas that are licensed for oil and gas exploration or production.'

11.2. In assessing planning applications for shale oil and gas, MPAs will also consider other policies within the NPPF that are material to the circumstances of the case.

12. Planning Practice Guidance

12.1. Planning Practice Guidance (PPG) is intended to be read alongside the NPPF.

12.2. Section 9 of the PPG on minerals deals with planning for hydrocarbon extraction and was issued on 6 March 2014. Many parts of the guidance may be relevant to shale oil and gas proposals depending on the circumstances of the case but the following should be given weight:

- Paragraph 91- 'As an emerging form of energy supply, there is a pressing need to establish - through exploratory drilling - to assess whether or not there are sufficient recoverable reserves to allow full scale production on an economically viable scale...'

- Paragraphs 105 and 106- 'MPAs are encouraged to make appropriate provision for hydrocarbons in mineral local plans…Where they consider it necessary to update their local plans and they are in a PEDL they are expected to include Petroleum Licence areas on policies maps and criteria based policies for each of the exploration, appraisal and production phases of hydrocarbon extraction.'

- Paragraph 112- 'There exist a number of issues which are covered by other regulatory regimes and MPAs should assume that these regimes will operate effectively. Whilst these issues may be put before MPAs, they should not need to carry out their own assessment as they can rely on the assessment of other regulatory bodies. However, before granting planning permission they will need to be satisfied that these issues can or will be adequately addressed by taking the advice from the relevant regulatory body:

• Mitigation of seismic risks -the Department of Energy and Climate Change is responsible for controls, usually through the licence consent regime to mitigate seismic risks. Seismic assessment of the geology of the area to establish the geological conditions, risk of seismic activity and mitigation measures to put in place is required by the Department of Energy and Climate Change for all hydraulic fracturing processes;

• • Well design and construction - the Health and Safety Executive are responsible for enforcement of legislation concerning well design and construction. Before design and construction operators must assess and take account of the geological strata, and fluids within them, as well as any hazards that the strata may contain;
• • Well integrity during operation - under health and safety legislation the integrity of the well is subject to examination by independent qualified experts throughout its operation, from design through construction and until final plugging at the end of operation;
• • Operation of surface equipment on the well pad - whilst planning conditions may be imposed to prevent run-off of any liquid from the pad, and to control any impact on local amenity (such as noise), the actual operation of the site's equipment should not be of concern to mineral planning authorities as these are controlled by the Environment Agency and the Health and Safety Executive;
• • Mining waste - the Environment Agency is responsible for ensuring that extractive wastes do not harm human health and the environment. An environmental permit is required for phases of hydrocarbon extraction and this will require the operator to produce and implement a waste management plan;
• • Chemical content of hydraulic fracturing fluid - this is covered by the environmental permit as operators are obliged to inform the Environment Agency of all chemicals that they may use as part of any hydraulic fracturing process;
• • Flaring or venting of any gas produced as part of the exploratory phase will be subject to Department of Energy and Climate Change controls and will be regulated by the Environment

Agency. Mineral planning authorities will, however, need to consider how issues of noise and visual impact will be addressed;

• • Final off-site disposal of water - Water that comes back to the surface following hydraulic fracturing may contain naturally occurring radioactive materials. Whilst storage on-site and the

traffic impact of any movement of water is of clear interest to local authorities, it is the responsibility of the Environment Agency to ensure that the final treatment/disposal at suitable water treatment

facilities is acceptable;

• • Well decommissioning/abandonment - following exploration, the well is likely to suspended and abandoned for a period of time.

Health and Safety Legislation requires its design and construction that, so far as reasonably practicable, there is no unplanned escape of fluids from it. The mineral planning authority is responsible for ensuring the wells are abandoned and the site is restored.'

13. Local Plan Policies

13.1. Wiltshire Council, as MPA, is responsible for mineral planning policy. The adopted minerals and waste policy for Wiltshire County and Swindon Borough sits within a suite of adopted plans, prepared on a joint basis with Swindon Borough Council and includes:

The Wiltshire and Swindon Minerals Core Strategy (adopted June 2009) sets out the spatial vision, key objectives and overall principles for development covering minerals provision up to 2026.

The Wiltshire and Swindon Minerals Development Control Policies Development Plan Document (DPD) (adopted September 2009) sets out a limited suite of generic development control policies designed to assist with the process of determining planning applications for minerals development.

The Wiltshire and Swindon Aggregate Minerals Site Allocations DPD (adopted May 2013) sets out a schedule of seven sites for future sand and gravel extraction over the period up to 2026.

12.2 Collectively the documents are referred to as the Wiltshire and Swindon Minerals and Waste Development Framework.

14. Evidence Base

14.1. All aspects of the Councils' Minerals and Waste Development Framework are founded on robust and credible evidence. To accompany the Minerals Core Strategy and all other documents in the Framework, the Councils prepared a detailed Evidence Base Document.

14.2. The 'Wiltshire & Swindon Minerals and Waste Development Framework, Evidence Base, Part C: Minerals, June/July 2012' (the "Minerals Evidence Base Report") provides information and data relating to the need for minerals supply within the plan area of Wiltshire and Swindon. With regard to hydrocarbons, the Minerals Evidence Base Report states that: "Extensive exploration operations have revealed no workable oil and gas reserves in Wiltshire and Swindon, although pressure for further exploration in the future cannot be ruled out".

14.3. In 2004, the British Geological Survey prepared a series of reports for various administrative areas in England for the then Office of the Deputy Prime Minister's research project 'Mineral Resource Information in Support of National, Regional and Local Planning'. The purpose of the work was to assist all interested parties involved in the preparation and review of development plans, both in relation to the extraction of minerals and the protection of mineral resources from sterilisation. The mineral resources covered in the report include hydrocarbons.

14.4. Section 7.1 explores the Conventional Oil and Gas potential and concluded "the geological setting of, and exploration results in the County suggests that hydrocarbon prospectively is likely to be poor".

14.5. Section 7.2 explores Coal Bed Methane potential in the County and notes; "Concealed coal- bearing strata are essentially absent in Wiltshire except for a small and poorly defined area of the Somerset- Bristol in the extreme west. The levels of coalbed methane n the coal seams of the Somerset-Bristol Coalfield are not accurately known, but are low (ca. 0.1m3t-1). Thus the potential; for coalbed methane development form the virgin coal seams in Wiltshire is unlikely to exist."

15. Review of Planning Policy

15.1. Paragraph 163 of the NPPF states: "Minerals planning authorities should work with other relevant organisations to use the best available information to:

- Develop and maintain an understanding of the extent and location of mineral resource in their areas; and

- Assess the projected demand for their use, taking full account of opportunities to use materials from secondary and other sources which could provide suitable alternatives to primary materials."

15.2. Planning Practice Guidance on 'Planning for Hydrocarbon Extraction' states that where MPAs consider it is necessary to update their local plan and they are in a Petroleum Licence Area, they are expected to include the following:

- Petroleum Licence Areas on their policies maps;

- Criteria-based policies for each of the exploration, appraisal and production phases of hydrocarbon extraction. These policies should set clear guidance and criteria for the location and assessment of hydrocarbon extraction within the Petroleum Licence Areas.

15.3. PPG for onshore oil and gas identifies the principle issues which should be addressed at the planning application stage for any oil and gas development (only relevant issues will apply to individual proposals). These include:

- noise associated with the operations;

- dust;

- air quality;

- site lighting;

- visual intrusion;

- impact on the landscape character;

- archaeological and heritage features;

- traffic to and from the site;

- the risk of contamination of the land;

- soil resources;

- the impact on any 'best and most versatile' agricultural land present within the site;

- flood risk;

- land stability / subsidence;

- internationally, nationally, and locally designated sites;

- nationally protected geological and geomorphological sites and features;

- and sites restoration and aftercare.

15.4. The principle aim of the Wiltshire and Swindon Minerals Development Control Policies DPD document is to ensure that applications for minerals development received by Wiltshire Council and Swindon Borough Council (the Councils) result in sites that are operated and managed to high standards with minimum impacts to local communities and the environment.

15.5. The DPD commences with an overarching policy (MDC1: Key criteria for sustainable minerals development) that requires proposals for minerals development to contribute to the delivery of sustainable development in Wiltshire and Swindon by ensuring that the social, economic and environmental benefits of minerals development are maximised, and adverse impacts - including cross- boundary and cumulative impacts - are kept to an acceptable minimum.

15.6. The remaining policies are designed to manage the following aspects of minerals development:

- Protection of residential amenity and the environment from impacts associated with noise, dust, lighting, vibration and emissions to air

- Impacts upon groundwater and surface water

- Enabling appropriate non-minerals development within minerals safeguarding areas

- Protection and enhancement of Wiltshire and Swindon's landscape character

- Protection and enhancement of Wiltshire and Swindon's biodiversity and geological interest

- Protection of Wiltshire and Swindon's historic environment

- Ensuring that minerals development minimises HGV miles for transporting minerals by road and minimises the impacts upon other transport networks

- A comprehensive approach to managing the restoration of minerals developments that will deliver a range of afteruses and provide tangible benefits to the local area.

15.7. Key policies of the Minerals Development Control DPD are outlined below.

Minerals Development Control Policies DPD

Managing the impacts of minerals development

Policy MDC2 indicates that applications for minerals development in Wiltshire and Swindon will only be permitted where it is demonstrated that the proposal avoids and / or adequately mitigates significant adverse impacts associated with the following environmental considerations:

• Noise levels;

• Dust levels;

• Air emissions;

• Lighting; and

• Vibration levels.

Proposals for mineral development should be accompanied, where necessary, by an assessment of the impact of the proposal in terms of noise, dust, air emissions, lighting, and vibration.

Managing the impact on surface water and groundwater resources

Policy MDC3 indicates that proposals for minerals development will only be permitted where it can be demonstrated that appropriate controls will be made available to protect and, where appropriate, enhance the water environment. This includes making provisions to ensure the protection and maintenance of: The quality of groundwater, water courses and other surface water; and The volume / levels of groundwater, water courses and other surface water

Protection and enhancement of Wiltshire and Swindon's landscape character

Policy MDC5 requires that proposals include an assessment of the adverse impacts upon Wiltshire and Swindon's landscape character and the landscape character of adjacent areas, as deemed appropriate to the scale and nature of the development, and in particular in relation to the following designated areas:

• The New Forest National Park

• The Cranborne Chase and West Wiltshire Downs Area of Outstanding Natural

• Beauty

• The Cotswolds Area of Outstanding Natural Beauty

• The North Wessex Downs Area of Outstanding Natural Beauty.

15.8. In addition, to the above policies, the Wiltshire Core Strategy contains a number of polices that may be considered relevant to determining applications for hydrocarbon development. In assessing planning applications for shale oil and gas, MPAs will also consider policies within the NPPF that are material to the circumstances of the case.

15.9. The Guidance Note 'Shale Gas and Oil Exploration and Planning', prepared by the Planning Advisory Service (PAS) notes that shale gas and oil development is too recent a phenomenon to be addressed in plans produced under the old and new plan-making system. Policies are only likely to exist for conventional (i.e. not involving hydraulic fracturing) hydrocarbon exploration, appraisal and production in areas which have seen this activity in the past. Landscape and Visual Effects Assessments are used to understand how a development will change the local landscape character and the appearance of key views.

Biodiversity and geological interest

Policy MDC6 requires that proposals be accompanied by an objective assessment of the potential effects of the development on features of biodiversity and/or geological interest. The assessment must have particular regard to the need to maintain and / or enhance sites and species of international and national importance in accordance with the relevant statutory requirements. The assessment must also consider carefully the need to maintain and / or enhance features of local and regional importance.

The historic environment

Policy MDC7 indicates that proposals will only be permitted where it can be demonstrated through a process of assessment that historic assets of archaeological or cultural heritage importance and their settings can be appropriately protected, enhanced and/or preserved. Proposals affecting historic assets known or potential archaeological importance will be required to be accompanied by an appropriate archaeological evaluation.

Sustainable transport and minerals development

Policy MDC8 indicates that minerals development will only be permitted where it is demonstrated that proposals facilitate sustainable transport by:

- Minimising transportation distances;

- Maximising the use of rail or water to transport minerals where practicable and environmentally acceptable;

- Ensuring a proposal has direct access or has suitable links with the Wiltshire HGV Route Network or primary route network;

- Establishing mineral site transport plans;

- Mitigating or compensating for any adverse impact on the safety, capacity and use of a highway, railway, canal route, cycleway or public right of way, through improvements to the appropriate network where necessary.

A comprehensive Transport Assessment will be required to be submitted with a planning application where a development is likely to have significant transport and related environmental impacts.

15.10. The Note advises that MPAs which fall in areas that are the subject of PEDLs issued by the DECC, will need to consider the issues likely to be raised by shale gas and oil development. This includes those MPAs which have up-todate policies on conventional hydrocarbon exploration, appraisal and production. It considers that in the interim, decisions on individual shale gas proposals are likely to give more weight to the 'material considerations' which apply.

16. Planning Application Process

16.1. The MPA determines applications in accordance with planning law. Before the MPA takes a decision, it will consider the advice provided by other agencies, such as the Environment Agency, on important matters such as the protection of the environment and public.

16.2. The focus of the planning system is on whether the development is an acceptable use of the land, and the impacts of those uses, rather than any control processes, health and safety issues or emissions, where these are subject to approval under other regimes (as identified in paragraph 12.12). In line with Planning Practice Guidance, MPAs should assume that these nonplanning regimes will operate effectively.

16.3. The planning application process can be separated into six key stages. The process is largely governed by legislation and is designed to allow the input of expert and interested parties into the decision making process. The six stages can be described as follows:

Step 1 - Validation

Applications are checked to make sure all documents and fees required have been submitted. Any missing information will be requested before processing can start.

Step 2 - Consultation and publicity

Consultations are sent to various bodies to obtain their expert view. Advertisements, where required, are placed in the appropriate local paper and on site and indicate how to view plans and how to comment on them, usually 21 days from the date of publishing.

Step 3 - Consideration

The site is inspected and the application assessed by the planning case officer, taking into account planning policies, consultation responses and public representations.

Step 4 - Negotiation

If problems are identified with the application which there is scope to address through alterations to the proposal, the officer will contact the applicant to seek suitable amendments. Steps 2 and 3 may require to be repeated if amendments which significantly change the application are made.

Step 5 - Recommendation

The planning officer will make a recommendation, via the officers' report on the application to the person or body authorised to make a decision. This will be the relevant committee of the council or individual who has delegated powers to make the decision. If the application is to be decided at a committee meeting, the objectors and the applicant will be contacted to be advised of the time and venue of the meeting. All meetings are held in public and all interested parties are free to attend and observe how a decision is reached.

Step 6 - Decision

A decision is taken on the application by the appropriate body.

16.4. Where the decision lies with a committee, there may be a site inspection by the committee. In reaching a decision, the committee is required by law to limit the matters it takes into account to the "Development Plan" and other material considerations.

17. Environmental Impact Assessment

17.1. The MPA will determine whether an Environmental Impact Assessment (EIA) is required depending on the proposal. In some cases, minor initial seismic work may be considered to be 'permitted development' and would not require planning permission. If the exploration stage results in the need for further appraisal work or full scale production, planning permission will also be required from the MPAs.

17.2. The aim of an EIA is to protect the environment. It ensures that the MPA when deciding whether to grant planning permission for a project (which is likely to have significant effects on the environment) does so in the full knowledge of the likely significant effects and takes this into account in the decision making process.

17.3. If an EIA is required, the developer can ask the MPA for an opinion as to the scope and level of detail that should be covered before submitting any planning application. In other areas of England where planning applications have come forward, the submitted Environmental Statement has covered issues such as archaeology, ecology, landscape and visual amenity, traffic, noise, air quality, water resources, seismicity, waste, and lighting.

17.4. Case law and guidance has stressed the need for a full set of environmental information to be available for consideration prior to a decision being taken on whether or not to grant planning permission.

18. Pre Application

18.1. In line with good practice, operators are encouraged to undertake a preapplication consultation with the MPA and other key consultees. This consultation will be expected to address issues such as noise, ecology, archaeology, site access and visual impact. It will define arrangements for permits from and contact with appropriate regulatory agencies. It will also detail consultative checks made with local water and power suppliers.

19. Opportunities for public consultation

19.1. Public consultation forms part of every oil and gas application for planning permission.

19.2. Wiltshire Council as MPA will advertise and consult on individual planning applications. Notice will be given when an application has been validated and accepted by writing to residents and businesses near the application site or putting up a site notice. Information about the application will be made available on the Wiltshire Council website. Local communities will have the opportunity at this time to express their views on the application as part of the planning application process.

19.3. The Environment Agency (EA) will carry out public consultation for the issue of environmental permits. The length of time for these consultations varies from 4 to 12 weeks, depending on the complexity of the application. They would be advertised in the most appropriate way, depending on the circumstances. Often this will be done through local media and the EA's website, alongside targeted e- mails to interested parties.

19.4. As a matter of best practice, UKOOG's Community Engagement Charter also sets out that communities must be engaged from the very start of the planning application process where shale gas is being developed.

20. Considering Environmental Impacts

20.1. As confirmed in the Planning Practice Guidance, there are specific arrangements for considering and determining planning applications that have been subject to an EIA. It includes consideration of the adequacy of the information provided, consultation, publicity, and informing the public of the decision and the main reasons for it. The MPA should take into account the information in the Environmental Statement (ES), the responses to consultation and any other relevant information when determining a planning application.

20.2. It is the applicant's responsibility to prepare the ES. There is no statutory provision as to the form of an ES, although it must constitute a "single and accessible compilation."

20.3. The type of assessments and technical studies undertaken would need to accord with relevant UK environmental legislation and guidance, as well as topic specific legislation and guidance. It would be expected that the assessments include an explanation of the approach to defining the significance of any resulting potential effects identified by reference to published standards, guidelines and best practice criteria.

20.4. Generally, the content of an ES would be based on a review of the current situation through existing data, information and reports; desk-top studies; site surveys; computer modelling; consideration of relevant planning policies (national, regional and local); identification of likely environmental impacts and an evaluation of their likely duration; magnitude and significance; consideration of potential sensitive receptors; expert opinion; use of technical guidance and best practice; and specific consultations with appropriate bodies.

20.5. The adequacy of the ES and planning application would be tested through the consultation and publicity process. Consultees will have the opportunity to review the ES and comment on the application for the proposal. Consultees may assist the MPA and advise on the adequacy and conclusions of the assessments. In addition to scrutiny and review through consultation with both internal professional officers and consultees, the MPA can arrange for the ES to be independently reviewed.

20.6. If planning permission is granted, the MPA will monitor and inspect operations to ensure that they comply with any conditions imposed.

Next Steps

21. Working with other Authorities

21.1. A number of other MPAs, particularly those with existing conventional oil and gas operations within their area, have produced Frequently Asked Questions (FAQ) documents to assist with information sharing. Wiltshire Council can make similar information available on its website.

21.2. Officers are following those MPAs who have received and determined planning applications for oil and gas development in order to keep up to date with best practice. In addition, officers continue to attend training events on the subject and participate in an informal working group on energy minerals comprising officers from Somerset County Council, Bath & North East Somerset Council, North Somerset Council, Mendip District Council and the Environment Agency.

22. Resource Implications

22.1. It should be noted Planning Practice Guidance does not specifically require MPAs to update their Local Plan in respect of hydrocarbon extraction, only to 'consider whether it is necessary to update the Plan'. The Council has (particularly in the form of the Minerals Development Control Policies DPD) a number of planning policies in place designed to assist with the process of determining planning applications for minerals development and assessing the likely environmental effects of a proposal alongside the NPPF.

22.2. The Guidance Note 'Shale Gas and Oil Exploration and Planning', prepared by the Planning Advisory Service (PAS) advises that the issue of determining applications in a timely and appropriate manner when faced with a large number of representations and enquiries is something that authorities may find challenging in relation to shale gas and oil development applications. The Council will therefore need to consider how to resource the determination of applications.

22.3. The Council, working alongside other regulatory bodies will need to be equipped to handle any high level of interest and potential opposition to 'fracking' applications by local communities and anti-fracking groups.

22.4. In 2015/16, a £1.2 million shale support programme from DCLG was made available for local authorities to ensure there are adequate resources locally to enable the timely determination planning applications for shale gas. DCLG has yet to announce any arrangements for 2016/17.

23. Conclusion

23.1. This report outlines the current position with respect to shale gas (fracking) and coalbed methane development, both nationally and in Wiltshire. These technologies are new in an onshore UK context but the Government considers that they will potentially have a significant future role to play in achieving benefits, both economically and in terms of energy security.

23.2. Following the granting of PEDL licences, Wiltshire Council has not received any application in relation to oil and gas exploration and hydraulic fracturing. Before an application is submitted, it is expected that engagement between the licensee and public will occur.

23.3. It is considered that the planning system and current national and local planning policy provides an appropriate basis for assessing the environmental implications of any such future proposals. In addition, such proposals would be subject to substantial additional controls under separate regulatory regimes administered by the Environment Agency, DECC and the Health and Safety Executive.

23.4. The Council will continue to review the progress of PEDL licences both within Wiltshire and other Local Authority areas.

Alistair Cunningham, Associate Director; Economic Development and Planning. 28th June 2016

Background Documents

The following documents have been relied on in the preparation of this report:

- 'Planning for Shale Gas and Oil', Briefing Note, March 2016, Planning Advisory Service.

- Planning for Hydrocarbon extraction; March 2014, Planning Practice Guidance.

- Onshore oil and gas exploration in the UK: Onshore Oil and Gas, Regulation and Best Practice, December 2015, DECC.

- 'The Minerals Evidence Base Report' Wiltshire & Swindon Minerals and Waste Development Framework, Evidence Base, Part C: Minerals, June/July 2012'

- 'Mineral Resource Information in Support of National, Regional and Local Planning', The British Geological Survey, 2014

- Mineral Resource Map of Wiltshire, The British Geological Survey, 2014

Useful Websites

- United Kingdom Onshore Operators' Group: www.ukoog.org.uk

- Oil andGas Authority: www.gov.uk/government/organisations/oil-and-gasauthority

- EnvironmentAgency: www.gov.uk/government/organisations/environmentagency

- Heath and Safety Executive: www.hse.gov.uk/offshore/unconventional-gas.htm

- British Geological Society: www.bgs.ac/shalegas

- PublicHealthEngland: www.gov.uk/government/organisations/public-healthengland

- The UK Onshore Geophysical Library (UKOGL): http://ukogl.org.uk/

Publications

- UK onshore shale gas well guidelines Exploration and appraisal phase, UKOOG, Issue 1 February 2013

- Shale gas extraction in the UK: a review of hydraulic fracturing Royal Society and Royal Academy of Engineering report, June 2012

- Bowland Shale Gas Study - Main Report The Carboniferous Bowland Shale gas study: geology and resource estimation. DECC

- Background note on induced seismicity in the UK and its relevance to hydraulic stimulation for exploration for shale gas Professor Peter Styles (Keele University) and Dr Brian Baptie (British Geological Survey), April 2012

- Guidance note: Regulation of exploratory shale gas operations Environment Agency

- Government response to Royal Academy of Engineering and Royal Society report on "Shale gas extraction in the UK: a review of hydraulic fracturing" Version: Final A04- 10 December 2012

- Planning practice guidance for onshore oil and gas Department for Communities and Local Government, July 2013

Glossary

BGS British Geological Survey

DCLG Department for Communities and Local Government

DECC Department of Energy and Climate Change

DPD Development Plan Document

EA Environment Agency

EIA environmental impact assessment

ES environmental statement

HSE Health and Safety Executive

LPA local planning authority

MDC minerals development control

MPA mineral planning authority

NPPF National Planning Policy Framework

NPPG National Planning Policy Guidance

OSMC Overview and Scrutiny ManagementCommittee

OGA The Oil and Gas Authority

PAS Planning Advisory Service

PEDL petroleum exploration and development licence

UKOOG United Kingdom Onshore Operators Group