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?