Tag Archives: Permitted Development

government is trying to make fracking just as easy as putting up a garden shed! join campaign to oppose fast-track fracking

The following sections are drawn from pages of the Frack Free Ryedale campaign website.

The government are planning to make non-hydraulic exploratory drilling for shale gas Permitted Development, which means fracking companies won’t need local planning permission to build a 1.5-hectare exploratory well site. They are also planning to make full scale industrial fracking a Nationally Significant Infrastructure Project (NSIP), which means the decisions regarding whether or not fracking is allowed will be made by the Secretary of State and a Planning Inspector – not your local council planning authority.

This is nothing less than an assault on local democracy on an unprecedented scale and would result in local communities left without a voice about whether their countryside should be fracked.

This desperate attempt to bypass local democracy shows that the Conservative government have realised that they are never going to get ‘social licence’ for this unwanted, unsafe and unnecessary industry. Rather than put their support behind renewables, they seem intent on forcing fracking on unwilling communities, and at the same time ignoring the huge weight of evidence of the harm this industry causes, and their own climate change commitments.

The government have launched two consultations, one on Permitted Development and one on NSIP. The deadline for both is 11.45 p.m. on October 25th. You can read more about these consultations in this Drill or Drop post.

Please sign this 38 Degrees petition, and then share with friends and family.

Please also sign this Friends of the Earth petition, and you can sign up for webinars and resources from FoE here.

For the sake of our countryside fracking should be stopped immediately. This is the only way our beautiful country can avoid becoming a contaminated wasteland.

Click here to reach the Frack Free Ryedale Permitted Development & NSIP campaign page.

Please note: the ‘consultations’ linked above use technical language and appear to be deliberately obscure. Frack Free Ryedale intends to post guidelines on how to respond in near future – I shall update but meanwhile click here to sign up for newsletters.

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Q + A on permitted development and NSIP

Let’s start at the beginning. What exactly is Permitted Development?

Permitted Development is the part of the UK planning system which allows people to carry out low-impact improvements on their property without having to apply for planning permission. It was introduced in 1948 to enable people to make modest improvements on their homes without having to apply to the council.

What kind of things can people do to their houses under Permitted Development rules?

Typical home improvements you can undertake under permitted development rules are converting your loft into a bedroom, moving a door or a window, putting up a fence, adding a conservatory or building a garden shed.

That’s all very interesting. But what’s this got to do with fracking?

On 17th May the Government issued a Written Ministerial Statement which proposes that non-hydraulic exploratory drilling for shale gas should be considered Permitted Development, and therefore would not require planning permission from the local council.

What do they mean by ‘non-hydraulic exploratory drilling for shale gas’?

Before companies can frack, they need to build a well-pad and drill an exploratory well, which will then be used to take core samples of the rock about 2 miles below the surface. These are typically about 1.5 hectares in size, require hundreds of truck movements to construct, involve drilling day and night for weeks and installing a drilling rig of up to 125 ft in height.

So you’re telling me the government wants the planning system to treat a fracking well-pad in the same way as a garden shed?

You are correct. If the government gets its way, fracking companies will be able to put one of these 1.5-hectare well-pads – with all the traffic, noise, pollution and other issues that come with such a development – only a few hundred metres from your home, school, town or village without having to apply to the local council for planning permission.

That’s crazy. Why on earth would they be proposing such a move?

There are lots of reasons, but the main one is probably because in every single place where fracking is proposed, local communities are up in arms about it and raising all sorts of objections to the industrialisation of their local area and the threat fracking poses to their health, environment and water. This has resulted in thousands of objections from local people to every fracking application, and concerted opposition from almost everyone apart from the fracking companies themselves.

This widespread and unceasing opposition to fracking has meant that some applications for exploratory drilling have been refused, others have been challenged in court, and those that have been allowed have been the focus of widespread peaceful demonstrations. So, rather like the school bully complaining to the teacher that someone has stolen his lunch, fracking companies appear to have gone to the government to complain that local residents and democratically elected local councils are slowing down their attempts to frack.

This permitted development ruse is therefore a way for fracking companies (and the pro-fracking Conservative government) to bypass the pesky planning system run by locally elected councils and force fracking on unwilling communities.

This doesn’t seem to be in line with the Government’s stated commitment to encouraging localism and letting the local community have the final say.

That’s true, and perhaps one of the most disturbing aspects to these proposals is that the government seems happy to ignore local democracy and accountability in their desperation to kick-start the failing fracking industry in the UK.

For a political party this is a risky step, particularly when many of the areas that are being threatened, such as North Yorkshire, are run by Conservative majority councils. And worryingly for the government, a recent survey of Conservative Councillors showed that 80% were opposed to making exploratory fracking Permitted Development. And of course Labour, the Liberal Democrats, the Green Party and many Independents are implacably opposed to fracking anyway, and would ban the practice if they had half a chance.

Is this permitted development rule now enshrined in the laws of the land? 

No, not yet. The Government launched a public consultation on Permitted Development on the final afternoon of Parliament before the summer recess (a cynic would suggest this was to avoid comment or criticism ). We will be posting guidelines on how to respond to this before the October 25th deadline soon but in the meantime, please see the Let Communities Decide website for how to get involved in the campaign against permitted development. You can also read this summary of all the reasons this is a bad idea on this Friends of the Earth briefing.

And if you are moved to write to your MP and councillors to raise your concerns about this, please see our guidelines on our Campaign Page by clicking here.

But this permitted development would just be for exploratory drilling, right? If a company then wanted to establish a multi-well fracking site for commercial production, they’d still need to apply for planning permission, wouldn’t they?

Currently, that is true. However, it would be a very brave council that would refuse permission for production if commercially viable quantities of gas were found during the exploratory phase, particularly as by then the well pad would already be in place. And even if they did, their decision would most likely get overturned on appeal by the Secretary of State anyway. But just in case, the government have a plan for that too. It’s called NSIP.

Hmm, acronyms are never good. What does NSIP stand for?

Nationally Significant Infrastructure Project. The Written Ministerial Statement also proposes that full scale industrial fracking becomes an NSIP, which would mean that even full-scale commercial production would not need local planning permission, as it would all be decided and imposed by the Secretary of State and the government-appointed Planning Inspectorate. And yes, there is also consultation on NSIP in the summer.

It sounds to me like the government realise that they have completely lost the argument over fracking, and have decided that they are just going to force it on people anyway.

I couldn’t have put it better myself. But all is not lost. This is causing a huge controversy and this is not in place yet. Many groups up and down the land are fighting this and opposition to these outrageous and undemocratic plans are growing every day.

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So, what can I do to stop this happening?

The government have launched two consultations, one on Permitted Development and one on NSIP. The deadline for both is 11.45 p.m. on October 25th. You can read more about these consultations in this Drill or Drop post.

One of the most important things you can do is contact your MP and local councillors asking them to oppose the government’s plans to fast-track fracking and bypass local democracy. There is already a great deal of opposition to these proposals across all parties, with a recent survey showing that 80% of Conservative councillors oppose their own party’s Permitted Development plans.

And please visit the Let Communities Decide website for information on the campaign against Permitted Development, for updates on how to help and downloadable materials to help you campaign. You can also sign up for updates from Let Communities Decide by clicking here.

How do I find out who my MP and councillors are?

YOUR MP – To find out your MP’s name and contact details, please click here. You can also Google him/her to find out their local constituency office, which is useful if you want to go and meet your MP [click here to find advice on this at the Frack Free Ryedale website].

COUNCILLORS – To find out who your local councillors are, please visit the website of your local county council. It should be fairly easy to find the name(s) and contact details of your councillor(s). You can contact your Town Councillors and/or Parish Councillors too.

Here, is a template letter produced as part of the #FrackturedCommunities campaign that is run by the Campaign to Protect Rural England, (CPRE).

Click here to read the full page at the Frack Free Ryedale website.

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Some responses from environmental groups

Daniel Carey-Dawes, senior infrastructure campaigner at the Campaign to Protect Rural England, said:

“It’s as if the government doesn’t realise the scale of the opposition. If they press ahead with these proposals, the protests, outrage and anger from local people across the country will undoubtedly intensify.

“These proposals would be a complete perversion of the planning system and trample over the rights of local communities – all to fast-track an industry bringing environmental risks that would massively outweigh any suggested ‘benefit’ to our energy security.”

Rose Dickinson, Friends of the Earth campaigner said:

“Fracking companies cannot be allowed to drill at will; without the need to apply for planning permission and precious little involvement from the local community.

“It’s absurd that planning rules originally designed for minor home improvements, like putting up a garden shed, could now be used for major drilling infrastructure.

“Our countryside and our climate are at serious risk if the government pushes ahead with these plans. We need to be moving away from fossil fuels, not make it easier for companies to dig up more.”

The campaign group, Frack Free United, said:

“This consultation is probably the most important issue for the anti-fracking movement this summer.

It represents a clear and present danger to the UK’ ability to meet its climate change targets. It drives a coach and horses through local democracy for the sake of fossil fuels.”

Sebastian Kelly, 350.org UK Fracking Outreach Organiser, said:

“The government’s proposal to allow free rein to fracking in the British countryside flies in the face of local democracy and threatens to slash community involvement in decision-making. The fact that the supposedly “public” consultation is being opened without informing those who need to be consulted is in blatant disregard of citizens’ right to be heard.”

Barbara Richardson, member of Roseacre Awareness Group, said:

“The government and industry have already lost the argument on fracking. It’s unpopular, risky, and increasingly financially unviable. Fracking has already been stopped in Scotland, Wales and Northern Ireland, and council after council have stood against development in their areas. These planning proposals are a desperate last ditch attempt to kickstart the industry in the UK – and it’s communities like mine who will pay the price.”

All quotes reposted from Drill or Drop article entitled “Government seeks views on proposals to bypass local council control of shale gas schemes” written by Ruth Hayhurst, published on July 19th.

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