"Relaxed Rules for Shale Gas Exploration Should Be Welcomed", says Planning Consultancy

A consultation launched by the Government to relax permitted development rights in relation to groundwater monitoring boreholes for petroleum and shale gas exploration is to close for comments on Thursday 16 April 2015.

The proposals, if adopted, will effectively remove the need for petroleum and shale gas developers to apply for planning permission when drilling groundwater monitoring boreholes.

Matthew Sheppard, a Director and Head of Environmental Impact Assessments at planning consultancy Turley said: “At present, drilling groundwater boreholes for petroleum and shale gas exploration requires planning permission.  However, groundwater boreholes for other types of mineral exploration, such as mining, constitutes permitted development and do not require planning permission.

“The Government’s consultation considers that groundwater boreholes for petroleum and shale gas exploration are no more intrusive than those boreholes drilled for other types of mineral exploration.  Accordingly, it considers that by extending the existing permitted development rights to include petroleum and shale gas extraction, it will avoid needless delay in bringing forward new sites.”

The right to drill groundwater monitoring boreholes for more than 28 days would remain subject to a number of restrictions, including being tied to a method statement, not damaging trees, adequate restoration within 28 days of operations ceasing, and a six-month time limit unless specifically agreed by the Planning Authority.

Matthew Shepperd adds: “These proposed permitted development rights are not, however, simply a blanket approval with no controls in place.  The developer has to notify the Minerals Planning Authority of what they intend to do, and the Authority can issue a Direction that the boreholes should not be carried out unless planning permission is granted.

“These Directions can be made where the site is in a protected area, for example a National Park, AONB or SSSI, if a grade 1 Listed Building would be affected, or if it would cause a ‘serious nuisance’ to nearby residents.”

Matthew concludes: “It is clear that the likely environmental and amenity effects of monitoring groundwater for petroleum and shale gas extraction are no different to the effects of the same activities associated with other minerals exploration.  Putting the two regimes on an equal footing seems to be a reasonable step, and is another marker of Government’s drive to assist the UK Shale Gas market.  These new permitted development rights are positive steps to make the planning system both simpler and faster for developers who are exploring new petroleum and shale gas opportunities.”

The full consultation document can be found via the following link:

http://ilmt.co/PL/GVJj