Written evidence submitted by East Riding of Yorkshire Council [PGF 017]
Is there a need to update and improve the guidance available ?
Yes. The NPPF provides very limited policy guidance. Para. 147 says that Local Planning Authorities (LPA) should when planning for on-shore oil and gas development, including unconventional hydrocarbons, clearly distinguish between the three phases of development (exploration, appraisal and production). This serves little purpose when the LPA is having to deal with complex planning applications for fracking that are likely to generate considerable objections from the public who will raise a myriad of concerns not neatly linked to the three phases of development. A more useful approach would be for the LPA to have information on each phase of development to so that a 'total picture' is provided to the LPA and the public as to exactly what the impact of shale gas extraction will be at each stage of the process. This will provide a much more representative view of exactly what fracking means for a local community. This would mean that instead of discrete planning applications for each stage the LPA only deals with one application identifying all stages.
The NPPG provides a very thorough overview of the respective of stages of hydrocarbon development. Importantly, it is clear on the role of the planning authority and other statutory and non-statutory agencies in the process. However, the public are unlikely to distinguish between the respective roles of statutory agencies in the determination of the planning application. The consideration of the planning application is probably their one and only chance of expressing their concerns and it is highly unlikely that they will restrict these concerns only to the matters that the NPPG says the LPA should be considering. The NPPF says that the LPA should 'assume that pollution control regimes will operate effectively' but this will is unlikely to be accepted by local people who have genuine concerns about fracking. There is a real need for transparency and one way could be to combine all elements of the permitting process (including planning) into one single stage i.e. when the planning application is being determined. The idea of 'twin tracking' both planning and permitting stages has been used for other controversial developments i.e. Energy from Waste, and it should be considered here. A further concern is that most of the information in the NPPG was produced in 2014 and it needs to be updated to reflect technological changes in the hydrocarbon industry and changes to the regulatory regime i.e. increased Permitted Development rights.
Is there the need for a comprehensive document incorporating existing and updated guidance ?
Yes. The NPPG is probably the best place to include this information but it needs to be regularly updated and refreshed. The advice is currently presented in 'block's' of information that can be quite difficult to interpret and cross reference. An interactive approach with one interface showing the processing of a 'typical' planning application for hydrocarbon development with different stages of the planning and licensing system (hopefully combined into one single permitting regime) would provide a more user friendly way of setting out the advice.
What is the status - in planning terms - of the extent of Government guidance ?
The NPPF sets policy and guidance in the NPPG sets out how to interpret the policy. Presently there is a disconnect between the two as the NPPF provides very limited policy guidance
Should applications for fracking be dealt with as national infrastructure under the 2008 Planning Act ?
No. It is important that planning applications for fracking are dealt with by the LPA. These applications have a direct local impact in terms of both environmental considerations and the economic benefits (or otherwise) to an area. Much emphasis has been placed on fracking businesses' working with local communities to ensure that their operations can be sensitively incorporated into the local environment. Financial benefits for the local communities and the Local Authority have also been set out by Government as 'compensation' for hosting these developments. To remove the ability of local people to have their local Council's determine planning applications for fracking runs against the political ethos of 'localism', disenfranchises the right of local people to have their concerns listened to by their local Council and potentially removes any possibility of helping to engender better relationships with the local fracking industry and communities.