Neil McBride, Planning Manager, Lincolnshire County Council
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Transcript of Neil McBride, Planning Manager, Lincolnshire County Council
Neil McBride
Planning Manager
• UK Onshore Oil and Gas : Planning and
Environmental Summit : 6 July 2016
• Making Decisions on Planning Applications for
Conventional and Unconventional Oil and Gas
Developments
• Neil McBride Planning Manager : Lincolnshire County
Council
Summary
• Lincolnshire experience;
• What is central Government expectation?;
• Good practice to enable decisions to be
made promptly;
• What a shale gas production field may look
like (potential application numbers); and
• Conclusions
Gainsborough Well Site
Lincolnshire Experience
Long history of dealing with conventional oil and gas developments
in 3 main areas (over 20 active oil and gas sites)
Mainly oil but some gas and at one time had largest UK onshore
gas production field at Saltfleetby
Underground Gas Storage Facility granted after a public inquiry in
2010 but lapsed in 2015 as unimplemented
To date little opposition to conventional oil and gas developments
in the County
Potential for shale gas developments under 14th Licensing Round
Government Expectations Written statement on Shale Gas and Oil issued by Amber Rudd on 16 September
2015:
Identified a clear need to seize the opportunity to explore and test our shale
potential…whilst maintaining the very highest safety and environmental standards;
Made clear the Government’s desire to ensure that planning applications for shale
gas and oil developments are dealt with promptly;
Planning applications to be determined within Government targets 13 weeks and 16
weeks for applications accompanied by an Environmental Statement;
Government commits to identify underperforming Mineral Planning Authorities that
repeatedly fail to determine such applications within prescribed timescale;
Revision to recovery criteria for appeals.
Identification of Underperformance in respect of
oil and gas applications Separate to statutory regime provided by Section 62A of Town and
Country Planning Act 1990 for designation of underperforming Local
Planning Authorities
Table added to DCLG’s quarterly planning application statistical release for
onshore oil and gas applications
Measure of speed of decision making and assessment period will be the
same as those for major development set out in the criteria document
50% or fewer applications being made within the statutory determination
period or such extended period as has been agreed in writing by the
applicant
Written Statement Not included for assessment for oil and gas applications if no more than 2
applications were determined during the assessment period.
Identification of Minerals Planning Authority (MPA) in respect of oil and gas
applications made annually in final quarter of each calendar year.
Prior to identification as underperforming an MPA is given the opportunity to
set out any exceptional circumstances with supporting evidence that considers
making identification unreasonable.
Once identified will remain designated as underperforming for 1 year. During
that year any application validated by that MPA, the Secretary of State (SofS)
will actively consider a call-in of that application pursuant to Section 77 of the
1990 Act for determination by the (SofS).
Reviewed in 2019 after period of 3 years following first identification of any
underperforming MPA.
Pre-Application
Encourage early engagement with potential applicants – undertake pro-
active pre-application engagement.
Talk with other regulators to understand their position – EA, HSE, Public
Health England.
Scope out with applicant the information required to support a planning
application (Scoping Opinion if EIA Development).
Encourage applicant to undertake early community engagement – be
positive about benefits of development, what advantages it can bring
employment etc.
Development Plan
Need to ensure have up-to-date policies in place :
Lincolnshire Adopted Minerals and Waste Local Plan Core
Strategy and Development Management Policies 1 June
2016
Did not split policy for conventional and unconventional
operations, Policy M9 states:-
“Planning permission will be granted for exploration, appraisal and/or
production of conventional and unconventional hydrocarbons provided that
proposals accord with all relevant Development Management policies set
out in the plan.”
Managing Planning Applications
Expect to receive a large proportion of representations – impossible to give
an individual response to them all.
Shale gas and some conventional applications are heavy on resources
(staff time and be prepared to backfill).
Preparation – provide training for Officers and Councillors on oil and gas
issues, involve other regulators as well to be clear on different roles.
Make contact with neighbouring MPAs and have discussions to share
experiences and lessons learnt.
Good communication with applicant to make sure you have procedures in
place to agree extensions of time in writing with the applicant.
MPA dedicated web pages providing clear and comprehensive information.
Managing Planning Applications
Consider using Planning Performance Agreements
(PPA) – Pros and Cons with this approach but Planning
Advisory Service have produced draft template of PPA
for shale gas applications.
Future Developments
What will a productive shale gas landscape look like?
For each PEDL block could have 6 production sites with
up to 10 wells on each site.
Closing Thoughts
Currently - clear Government position supporting shale
gas (NPPF, Ministerial Statement, Infrastructure Act).
Public opposition/concerns in respect of hydraulic
fracturing remains high.
13/16 week determination period achievable? Not at
present without extensions of time for shale gas
applications and some conventional applications.
Can community engagement be more effective and a
social licence for shale gas development be achieved?