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Hydrocarbons in Dorset: A Planning Perspective Michael Garrity Planning Policy Team Leader Dorset County Council What is ‘Fracking’? • Hydraulic fracturing • Pumping water at high pressure into shale formation • Creates fractures • Sand and chemicals pumped in to hold fissures open Source: This is Money.co.uk, 7 June 2013 http://www.thisismoney.co.uk/money/mark ets/article-2337311 • Once pressure is released, ‘frac fluid’ followed by the released gas flows into the well What are the potential risks (real and perceived)? • Seismic tremors, depending on scale of operation and geology • Pollution of ground water or aquifers (in the event of chemical frac fluid leakages) • Associated health impacts • Potential for disturbance of Jurassic Coast World Heritage Site – risk of rock falls etc? • Impacts on communities – noise, vibration • Associated impacts: visual, light pollution, vehicular movements • Localised impacts upon ecology • Cumulative impacts ‘Unconventional’ Hydrocarbons – National Planning Policy Framework • ‘Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs’ (para. 142). • When planning for on-shore oil and gas development, including unconventional hydrocarbons, [mineral planning authorities should] 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’ (para. 147). ‘Unconventional’ Hydrocarbons: Ministerial Statement Exploration for shale gas (13 December 2012) ‒ … appropriate controls are available to mitigate the risks of undesirable seismic activity… Edward Davey MP Secretary of State for Energy and Climate Change ‒ I am in principle prepared to consent to new fracking proposals for shale gas, where all other necessary permissions and consents are in place… ‒ This opens the way to a resumption of work on exploration for shale gas, though I stress the importance of other regulatory consents and planning permission which are also necessary and must be in place before my Department will consider consent to individual applications. ‘Unconventional’ Hydrocarbons: Government Position George Osborne – Budget Speech • I want Britain to “tap into new sources of low cost energy like shale gas”. • By July 2013 new planning guidance would be available alongside proposals to allow local communities to benefit from having shale gas wells in their areas. • “Shale gas is part of the future. And we will make it happen”. What is the Scientific View? (1) Independent study carried out following request from UK Government’s Chief Scientific Adviser, SirJohn Beddington FRS • Health, safety and environmental risks associated with fracking can be managed effectively in the UK as long as best practices are implemented and enforced through regulation • Risk to aquifers is low provided that extraction takes place at depths of many hundreds of metres or several kilometres • Faulty wells and spills at surface levels are more likely causes of environmental contamination • Ensuring well integrity must remain the highest priority to prevent contamination (risk is low if best practice followed) • Accidental spills can be mitigated What is the Scientific View? (2) • Ensuring additives are non-hazardous would help to mitigate the impact of any leak • Risk of seismicity induced by fracking can be reduced by traffic light monitoring systems that use real-time seismic monitoring so that operators can respond promptly • Important to assess the geology of the area • An Environmental Risk Assessment should be mandatory for all shale gas operations • Naturally Occurring Radioactive Materials: experience in UK exists to ensure effective management • Care will be needed to take account of scaling up of impacts depending on size / cumulative effect of operations Can a Mineral Planning Authority introduce a presumption against hydraulic fracturing? • A plan cannot adopt a general presumption against development without very specific evidence that this is necessary (highly unlikely that this can be proven) • The NPPF carries a presumption in favour of sustainable development • A new test of soundness for plans: they have to be positively prepared • This is not to say that permissions must be granted • Policies have to set out relevant considerations that will be used to consider planning applications Shale Gas – Licensing and Planning • No shale gas activity in Dorset currently and it is not clear if there is potential for shale gas extraction • DECC issues Petroleum Exploration and Development Licences (PEDL) to selected companies for specific geographical areas • These do not provide rights of access and the licensee needs to obtain the necessary planning consents • Separate environmental permit from Environment Agency also required • DECC would then consider an application to drill, and HSE would be involved. • There are three stages – exploration, appraisal and production/development and each requires separate planning permission. • Planning applications need to have regard to the Local Plan policy framework Dorset Context • Internationally protected heathland and wetland habitats • Two Areas of Outstanding Natural Beauty • Dorset and East Devon Coast World Heritage Site • Important archaeological and other historic assets • A myriad of local designations • Existing mineral interests – stone, ball clay, sand and gravel, oil and gas Images taken from Images of Dorset website: http://www.imagesofdorset.org.uk/Dorset/014/intro.htm Bournemouth, Dorset and Poole Minerals and Waste Development Framework Minerals Local Plan: Strategy • Bournemouth, Dorset and Poole Minerals Strategy: strategic policy overview • Examination before an independent Inspector in May 2013 • Further consultation on modifications later this year • Adoption by end 2013 / early 2014 Minerals Local Plan: Sites • Will identify sites for a range of minerals (where necessary) • Work begun 2008 • Delayed due to change in local plan procedures / government policy • Work has since resumed - consultation later this year • Examination/Adoption by end 2014 – ideally… Waste Local Plan • Current Plan is the Bournemouth, Dorset and Poole Waste Local Plan 2006 • Work has begun (2012) to produce new Bournemouth, Dorset and Poole Waste Plan, including strategy and sites • At least two more consultations, including one later this year • Work will continue on into 2014… Bournemouth, Dorset and Poole Minerals Strategy: Chapter 12 – Hydrocarbons •Specific reference to Unconventional Gas Resources •Policy HY1: sets out the criteria to be met regarding proposals for exploration and appraisal •Policy HY2: sets out criteria to be met for well sites and facilities to be permitted) •Policy HY4 controls the decommissioning and restoration of production facilities. Bournemouth, Dorset and Poole Minerals Strategy – development management policies • Policy DM1 – Key Criteria for Sustainable Minerals Development • Policy DM2 – Managing Impacts on Amenity, which specifically refers to the need to manage the stability of land above and below ground level • Policy DM3 – Managing Impacts on Surface Water and Ground Water Resources • DM4 – Protecting Landscape Character • DM5 – Biodiversity and Geodiversity • DM6 – the World Heritage Site • DM7 – The Historic Environment • DM8 – Transport and Minerals Development The future? – Government intending to publish further statement on shale gas later this year – Once adopted, the Minerals Strategy will set out the policy context for considering proposals, should any come forward – As is the case with any planning application, all proposals will be considered on their merits having regard to the policies of the Local Plan – Government will issue final consent once planning permission/permits are in place – The Minerals Strategy provides the tools to consider potential impacts