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Treales, Roseacre & Wharles Parish Council Roseacre Wood Shale Gas Parish Meeting Tuesday 8 th...

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Treales, Roseacre & Wharles Parish Council Roseacre Wood Shale Gas Parish Meeting Tuesday 8 th April, 2014, 7pm - 9pm All Parishioners Welcome
Transcript

Treales, Roseacre & WharlesParish Council

Roseacre Wood Shale Gas

Parish Meeting

Tuesday 8th April, 2014, 7pm - 9pm

All Parishioners Welcome

Objective

The Purpose of the meeting is a follow up from the meeting held on 4 March to let you know:

● What the Parish Council have been doing;

● The information we have gathered; and to

● Discuss with you what we should be doing next.

Agenda

● Declaration of Interests

● Update

● Points & Questions

● Review & Next Steps

Our IntentThe Parish Council is working hard to engage with Cuadrilla

to ensure we get a full picture of the scale of the proposal at Roseacre Wood and how that will impact on our community,

We want to ensure Lancashire County Council have a clear strategic plan for managing future applications for hydraulic fracturing in the area and that

the Regulators are very clear of their role and that best practice is adhered to

at all times.

We want to preserve the beauty and tranquillity of our Parish and

if change is to come we need to ensure there are very real and positive benefits for individual residents and the community as a whole.

And achieve the best possible outcome for the Parish we can

1. Update : Our Situation

● Three Minerals Development Applications are being proposed relating to Shale Gas Exploration using Hydraulic Fracturing at Roseacre Wood & Preston New Road/Little Plumpton.

● They will be assessed against :

– the applicable National Planning Policy Framework; and– the Joint Lancashire Minerals & Waste Local Plan – potentially

both individually & cumulatively

● We are being told that Cuadrilla will submit applications to LCC in the Early Summer of 2014

Hydraulic Fracturing

Use of High Volumes of Fluids

under High Pressures

Combined with

Vertical & Horizontal Drilling

to Fracture Shale Rock Formations

To free & extract Gas trapped in the Shale layers

HealthEnvironment Amenity

Economy

1. Update : Our Journey● Awareness

● Proposal, Impacts - Environment, Health, Economy, Amenities

● Knowledge

● Details, Processes, Criteria, Schedule, Stakeholders

● Assessment

● Issues, Benefits, Risks & Opportunities

● Preferences

● Balance, Complete, Partial

● Realisation

● Avoid, Mitigate, Accept

● Management & Control

● Short, Medium & Long Term

1. Update : Activities To Date● Parish Newsletter

– Parish Council : Purpose , Intent. Communications

● Shale Gas Sub Committee

● Tuesday March 4th  - Parish Meeting

● Question and Answer Session

● Engagement with Cuadrilla – understanding & questions, risk feedback

● Cuadrilla Site Visits

● Parish Awareness and Action Groups

● Links with other Parish Councils

● Engagement with Elected Members

● Cuadrilla Community Liaison Group

● Status of Cuadrilla's Proposals

1. Update : Findings To Date

● Regulation Routemap – OUGO, MPA

● LCC – Minerals Planning Authority - SPD

● Fylde Borough Council – Environmental Health

● Balcombe Parish Council studies – Experience

● Mitigations & Enhancements – What would we like?

● Cuadrilla Ongoing Engagement – PC, CLG, Direct

Key RegulatorsThe key regulators for hydrocarbon extraction are:

a) Department of Energy and Climate Change (DECC) – issues Petroleum Licences, gives consent to drill under the Licence once other permissions and approvals are in place, and have responsibility for assessing risk of and monitoring seismic activity, as well as granting consent to flaring or venting;

b) Minerals Planning Authorities (MPA – Lancashire County Council) – grant permission for the location of any wells and wellpads, and impose conditions to ensure that the impact on the use of the land is acceptable;

c) Environment Agency (EA) – protect water resources (including groundwater aquifers), ensure appropriate treatment and disposal of mining waste, emissions to air, and suitable treatment and manage any naturally occurring radioactive materials; and

d) Health and Safety Executive (HS&E) - regulates the safety aspects of all phases of extraction, in particular responsibility for ensuring the appropriate design and construction of a well casing for any borehole.

Other bodies which may be involved in the consenting of the process include - the Coal Authority, Natural England,the British Geological Survey, Hazardous Substances Authorities,

Government

Planning process

Environmental process

Other public bodies

Engagement process

Formal engagement arranged by developer

DECC issues PEDL to operator

Operator conducts ERA (shale gas only)

EIA scope defined by MPAEIA conducted by operator

MPA screens for EIA

Operator makes initial minerals planning application

MPA advertises and consults on finalised planning

application

Agree plan for site restoration

Planning decision reached

DECC CONSENT TO DRILL

Agree traffic light system, outline HFP and fracture

monitoring

DECC consent to fracture

Operator engages with local community and statutory consultees

Operator consults with Coal Authority and

obtains permit if required

DECC consent for EWT

MPA – Operator pre-application consultation (best practice)

Planning appeals process

Operator agrees and establishes

data-reporting methods

Operator discharges relevant planning conditions to MPA

satisfaction and prepares site for drilling

Environmental regulator –Operator pre-

application consultation (best practice)

Operator informs BGS of intention to

drill

Operator notifies HSE of intention to drill 21 days in

advance

Operator arranges independent examination of

well under established scheme

Operator applies for and obtains relevant permits from environmental regulator

Environmental appeals process

Onshore oil and gas exploration in the UK: regulation and best practice

We are Here

Outline of Process

for

Drilling an Exploratory Well

We are Here

The County Council together with Blackpool and Blackburn with Darwen Councils are responsible for the development and implementation of minerals and waste planning policies.

● The minerals and waste local plan consists of the Core Strategy (adopted 2009) and the Site Allocation and Development Management Policies Local Plan (adopted 2013); together with the district local plan, they contain the suite of policies that applications for planning permission will be considered against.

● The mineral and waste plan contains policies on certain specific types of development and generic policies; of particular relevance to the on-shore unconventional gas industry are Policy CS5 of the Core Strategy, and Policy DM2 and DM3 of the Site Allocation and Development Management Policies Local Plan.

● The generic policies are purposefully written to be all encompassing and so flexible in their application, particularly for emerging technologies.

● They have a strong emphasis on the impacts of development.

● Consequently, these policies together with national guidance and the National Planning Policy Framework and the district's local plan, provide a suitably comprehensive coverage of the issues, impacts and mitigating measures to be considered and will provide a sound basis to determine any future applications.

● In addition, I can inform you that The Joint Authorities are proposing to prepare an Onshore Oil and Gas Supplementary Planning Document (SPD).

– It is intended that the SPD will provide a mechanism through which guidance on the interpretation and application of the policies in the adopted Joint Lancashire Minerals and Waste Core Strategy and Site Allocation and Development Management Local Plan can be published.

– It will also consider how the policies can be applied to developments for onshore oil and gas exploration, appraisal, extraction and distribution.

– The proposed SPD will cover many of the issues raised in Mr Smith's enquiry, including acknowledgement of the extent of the Bowland Shales, what such developments entail and its particular characteristics and requirements.

– It will also provide an opportunity to describe the regulatory controls that are applied to such developments

● Once adopted the SPD will become planning guidance and will be applied to the interpretation and application of the adopted policies in the development plan. It will be relevant to all considering or otherwise involved with development proposals for onshore oil and gas exploration, appraisal and extraction.

● You may be interested to know there are two reports due to be presented to the Joint Advisory Committee for Strategic Planning (which provides a political oversight of the minerals and waste local plan for Lancashire), at its next diarised meeting which is likely to fall in April.

– These reports will refer to a possible review of the Minerals and Waste Local Plan and the production of a Supplementary Planning Document.

Lancashire County Council -

Minerals Planning Authority

As you know a number of planning permissions for exploratory testing for shale gas were granted in 2010.

● You are also aware that Cuadrilla has announced its intention to submit two further applications to the County Council for exploratory drilling operations.

● Developments of this nature in Lancashire are still at a very early stage but it is possible that further planning applications for exploratory testing are submitted in forthcoming years depending on the outcome of any initial exploratory operations.

● All permissions to date have been for a temporary period and required operations to cease within a prescribed time at the end of which the sites must be restored to their former condition unless a further planning permission to retain such for a further testing period has been sought.

● Every application that comes forward must be assessed on its own merits against national guidance and against the policies of the development plan. I can assure you that where appropriate, the consideration of cumulative impacts of schemes will be considered as part of the determination of any future schemes.

● Mr Smith's comments on financial gain are noted, however the county council considers that the significance of these effects depends on many factors that are uncertain at this stage.

● It is the case that developers should seek to mitigate the potential effects of development through planning or highway agreements.

● The aim is to ensure that local communities are not disadvantaged

● You will be aware that the industry has recently announced a community benefit fund that will involve the immediate community. Under the commitments of the United Kingdom Onshore Operators’ Group Community Engagement Charter, shale gas exploration could provide a community contribution of £100,000 per hydraulically fractured site as an initial benefit, and a 1% contribution from revenue over the life time of a well.

● It should also be noted that compensation for incidents is not something that can be achieved through the planning process and would remain an issue for the developer. However, the concerns are noted.

Lancashire County Council -

Minerals Planning Authority

What are the principal environmental issues of hydrocarbon extraction that should be addressed by minerals planning authorities?

The principal issues that mineral planning authorities should address, bearing in mind that not all issues will be relevant at every site, to the same degree, include:

noise associated with the operation

● dust

● air quality

● lighting

● visual intrusion into the local setting and the wider landscape caused by any the placement of any building or structure within the application site area

● landscape character

● archaeological and heritage features

● traffic

● risk of contamination to land

● soil resources

● the impact on best and most versatile agricultural land

● flood risk

● land stability/subsidence

● internationally, nationally or locally designated wildlife sites, protected habitats and species, and ecological networks

● nationally protected geological and geomorphological sites and features

● site restoration and aftercare

Lancashire County Council -

Minerals Planning Authority

Lancashire County Council -

Minerals Planning AuthorityThe list of aspects of the environment which might be significantly affected by a development is set out in paragraph 3 of

Schedule 4 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, and includes

● human beings; flora; fauna;

● soil; water; air; climate; landscape;

● material assets, including architectural and archaeological heritage; and the interaction between them.

● Among other things, consideration should also be given to the likely significant effects of the development on

● the environment resulting from the use of natural resources,

● the emission of pollutants,

● the creation of nuisances and

● the elimination of waste.

In addition to the direct effects of a development, the Environmental Statement should also describe

● indirect, secondary, cumulative, short, medium and long-term,

● permanent and temporary,

● positive and negative effects where they are significant.

These are comprehensive lists, and a particular project is unlikely give rise to all of these effects, and should only require full and detailed assessment, of those impacts which are likely to be significant.

Fylde Borough Council

Environmental Health● FBC are a statutory consultees once the planning application comes in and we can make comments based on the information provided.

● The Council’s EH department role is very minimal – FBC have no enforcement powers over any of the activities that will take place on site – this is all controlled by LCC Planning, the Environment Agency and HSE.

● FBC can ask for noise conditions and lighting schemes to be included and designed so that they do not cause nuisance.

● If noise complaints do arise from the activity FBC may become involved but noise limits will be set within the planning conditions so again FBC may be able to assist but enforcement would likely fall under LCC.

● The only activity FBC may be involved in is if they are using diesel generators above a certain power capacity they may require a permit under legislation that the Council enforces – if this is the case FBC are told that the application will be submitted sometime in May.

– There are noise consultants and air quality consultants currently monitoring and preparing a report for the planning application. These will detail current and predicted noise and pollution levels.

– Once the information is available I should hopefully receive a copy otherwise it will be made public once the planning application is submitted.

● However, the noise/light pollution isn’t about the difference in readings or levels but whether the activity is causing a nuisance or is hazardous.

– The legislation is geared towards dealing with a problem when it occurs – if there is a difference between now and when the activity takes place but it is not causing a nuisance to anyone then no action can be taken. It is there to deal with problems when they arise.

● But problems have to exist at a person’s property not the “vicinity”.

– For example if you walk passed the site and its really noisy but you cannot hear it when you get home then we cannot take any action – even though the sound level in the area has increased.

● However the planning conditions will/should prevent any of these problems from occurring.

– This is why there is no mileage in taking any light and air pollution readings – and we do not have any equipment to monitor air quality.

– However FBC assured that air monitoring will be taking place when the site is operational and as part of the planning application they will have to provide an air quality impact assessment that takes into account dust, vehicle movements, equipment use and air monitoring

Balcombe Parish Council Study Work

● Fracking Report

● Full versions of the individual working group reports that formed part of the published report can be found below. These were edited in the final production of the Fracking Report.

– traffic & flowback pdf

– The possibility and consequences of chemicals added to the water

– Seismic Events & Ralway Infrastructure

– Noise, Vibration, Visual Intrusion and any other matters that may impact on the quality of life in Balcombe

– Fracking in Balcombe in a wider geographical, political and ecological context

Roseacre Wood Local Economy Risk Mitigations & Enhancements

Potential ProposalsFor members of the community impacted by Roseacre Wood Shale Gas Development Proposal Affected

Community members, a mix of local economy impact mitigation & enhancement measures can be considered as part of the Community Infrastructure Levy :-

– Enduring Liability Cover

– House Price Underpin & House Cover

– Health Service Local Impact Cover

– Independent Health & Environment Monitoring Cover -

– Council tax paid for by developer in partial mitigation of amenity impact

– Go Green Connections Funding– Mains Gas, Eco Boilers, Super Fast Broadband, Road Repairs.

– External monitoring, inspection & enforcement Funding

– Managed well-site development distribution

– Best Practice Corporate & Social Responsibility Statement from Cuadrilla Elswick Limited and Cuadrilla Group

● Other Ideas?

Cuadrilla Engagement

● Next Meeting

– Friday 11th April– Well integrity, Visual Intrusion

– Noise, Light, Other

● Feedback Sought

– Risks, Site Rationale, Transport, Economy

● Community Liaison Group

– Wednesday 9th April

● Share Experience with Regulators & Other Stakeholders

– Need Best Practice Organisations

2. Points & Questions

● Please make your Points and/or Questions in 3 minutes

● Please add to, rather than repeat points made tonight

● We'll capture points & review these together

3. Review & Next Steps : Our Journey● Awareness

● Proposal, Impacts - Environment, Health, Economy, Amenities

● Knowledge

● Details, Processes, Criteria, Schedule, Stakeholders

● Assessment

● Issues, Benefits, Risks & Opportunities

● Preferences

● Balance, Complete, Partial

● Realisation

● Avoid, Mitigate, Accept

● Management & Control

● Short, Medium & Long Term

3. Review & Next Steps :Assistance

● Knowledge– Research Specialisation– Engaging Contacts

● Parish Communications – Web-site/Face-book Development

3. Review & Next Steps :Next Steps

● Proposals : - – Continue Engagement with existing Stakeholder relationships

– Research & Develop knowledge of topic & wider stakeholders

– Prepare assessment & response to Planning Applications

– Engage Stakeholders complementary to the response relating to Planning Applications e.g.MEPs

● But what would you like?.......

Our IntentThe Parish Council is working hard to engage with Cuadrilla

to ensure we get a full picture of the scale of the proposal at Roseacre Wood and how that will impact on our community,

We want to ensure Lancashire County Council have a clear strategic plan for managing future applications for hydraulic fracturing in the area and that

the Regulators are very clear of their role and that best practice is adhered to

at all times.

We want to preserve the beauty and tranquillity of our Parish and

if change is to come we need to ensure there are very real and positive benefits for individual residents and the community as a whole.

And achieve the best possible outcome for the Parish we can


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