Report to Planning and Licensing Committee 21 March 2017 Agenda Item: REPORT OF CORPORATE DIRECTOR – PLACE BASSETLAW DISTRICT REF. NO.: 1/16/00773/CDM PROPOSAL: THE EXPLORATORY WELL WOULD BE A VERTICAL MULTI-CORE WELL TO TARGET THE BOWLAND SHALE AND MILLSTONE GRIT GEOLOGICAL FORMATIONS TO ASSIST WITH THE ASSESSMENT OF THE SHALE GAS BASIN IN THE AREA. IN ADDITION, THREE SETS (WITH EACH SET CONTAINING UP TO 3 BOREHOLES) OF MONITORING BOREHOLES WOULD BE INSTALLED TO SAMPLE AND MONITOR GROUNDWATER AND GROUND GAS DURING THE DRILLING OF THE EXPLORATION WELL. THE PROPOSED DEVELOPMENT WOULD INVOLVE PERMISSION FOR THE SECURITY CABINS ALREADY ON THE SITE, TOGETHER WITH THE CONSTRUCTION WORK ASSOCIATED WITH THE DEVELOPMENT OF THE WELL SITE, THE DRILLING (USING A DRILL RIG OF A MAXIMUM HEIGHT OF 60M) AND EVALUATION OF THE WELL AND MONITORING BOREHOLES AND THEN THE DECOMMISSIONING AND RESTORATION OF THE SITE BACK TO AGRICULTURAL USE. THE DEVELOPMENT WOULD BE FOR A PROPOSED THREE YEAR PERIOD. LOCATION: LAND OFF A634, BETWEEN BLYTH AND BARNBY MOOR, NEAR RETFORD APPLICANT: DART ENERGY (EAST ENGLAND) LIMITED Purpose of Report 1. To consider a planning application for an exploratory well to target the Bowland Shale and Millstone Grit geological formations to assist with the assessment of the shale gas basin in the area. The proposed development is on land off the A634 between Blyth and Barnby Moor, near Retford. The key issues relate to visual and landscape impact, noise, ecology, traffic, air quality, contamination and heritage. The recommendation is to grant planning permission subject to conditions and the signing of a legal agreement. 2. No hydraulic fracturing is proposed as part of this planning application. The Site and Surroundings 3. The proposed exploratory wellsite is located in north Nottinghamshire, within the district of Bassetlaw and in Torworth Parish. The site is approximately 1.5km north-west of the centre of Barnby Moor, 1.5km south-west of the centre of Torworth, 2.4km south-west of the centre of Ranskill and 3km south-east of the centre of Blyth (see Plan 1). 4. The site is accessed off the A634 which is orientated north-west to south-east, connecting to the A638 in Barnby Moor and the B6045 (High Street) in Blyth. The B6045 connects to the A1(M) both to the north and south of Blyth. 5. The wider area is rural in character, comprising open agricultural fields with a generally flat topography. The application site is agricultural land and is located within the south-eastern corner of a field. To the north and west of the application site is the remainder of the field in which the site is located. Immediately to the south is a field boundary and hedgerow, beyond which is further agricultural land. Immediately to the east is a field boundary hedgerow beyond which is the A634, and then further agricultural land. The site sits at an elevation of 25-30m AOD. 6. The planning application boundary comprises a roughly rectangular area, with a small spur to the east encompassing the access to the A634. The application site measures approximately 2.2ha in size (see Plan 2). 7. There are currently two cabins located on site with associated generators and fencing. These are located on the eastern side of the application site, adjacent to the field boundary hedgerow and the A634. 8. The proposed development is located within Flood Zone 1, which means the site has a less than 1 in 1,000 (0.1%) annual probability of flooding. 9. The nearest residential properties to the application site are Beech Farm (630m to the south-west), Jubilee Farm (670m to the north-west), Billy Button Cottage (690m to the north-east), College Farm (900m to the east) and Grange Farm (1.2km to the south-east). The properties are shown on Plan 3. 10. The nearest listed building is located approximately 1.5km to the south-west in Barnby Moor. There is a conservation area in Blyth which contains a number of listed buildings. 11. The nearest rights of way are the Torworth Byway Open to All Traffic (BOAT) which is located approximately 450m to the north and the Barnby Moor Bridleway 1 located approximately 625m to the south (see Plan 3). 12. Mattersey Hill Marsh Site of Special Scientific Interest (SSSI) is located approximately 2.7km north-east of the site and is noted as a fine example of neutral marsh communities on old gravel workings (see Plan 4). 13. The nearest Local Wildlife Site (LWS) is the Tinker Lane, Barnby Moor (LWS) which comprises trackside verges with a notable botanical community. It extends around the north, west and south of the application site. At its closest it is approximately 250m north of the application site. Also of note are the Daneshill Lake Local Nature Reserve (LNR) and the Daneshill Lakes and Woodland LWS, which largely cover the same area, and located approximately 1.6km to the north-east of the application site. The Daneshill Lakes LWS is a very rich mosaic of woodland, marsh and aquatic habitats on old sand and gravel workings and is of note for both its plant and animal communities (see Plan 4). 14. There are no European designated sites (such as Special Areas of Conservation or Special Protection Areas) within 10km of the application site. 15. The A1(M) runs in a north-south orientation and is located approximately 1.1km to the west of the application site (see Plan 1). Proposed Development Background 16. The Secretary of State for Energy and Climate Change previously issued Petroleum Exploration and Development Licences (PEDL) for a defined geographical area and specified period of time, although responsibility for this now lies with the Oil and Gas Authority (OGA) as an executive agency sponsored by the newly formed Department for Business, Energy and Industrial Strategy (DBEIS). The licences give exclusive rights for the licensee to „search, bore for and get‟ petroleum. However, the licences do not in their own right confer on the licensee any consent, permission or authorisation to carry out development activity. 17. The application site is located within PEDL 200 which covers parts of Nottinghamshire and extends into Rotherham Metropolitan Borough (see Plan 5). A consortium of companies hold the licence including Dart Energy (East England) Limited as the lead licence holders, Engie E&P UK Limited, Ineos Upstream Limited and IGas PLC. 18. The planning application is partially retrospective in that it is seeking planning permission for two security cabins which are already in place. This is acknowledged in the applicant‟s description of development which includes “the proposed development would involve permission for the security cabins already on site”. These cabins have been in place since mid-October 2015. 19. One cabin measures 7.5m by 3.5m and is 3m in height, the other cabin measures 7.5m by 2.7m and is 3m in height. Both cabins are coloured dark green. There is also some associated equipment including a generator, fencing and security cameras. 20. A number of complaints have been received by both Nottinghamshire County Council and Bassetlaw District Council (BDC) relating to the security cabins: specifically, that they are unauthorised development, not benefiting from planning permission. Given the absence of any minerals development at the time, these complaints were addressed by BDC. BDC came to the view that a clear breach of planning control had occurred and gave the developers the opportunity to submit a retrospective planning application to try to regularise the breach. BDC gave the applicant a deadline of 10th May 2016 to submit the application after which time they would decide on the expediency of authorising the use of formal enforcement action to remedy the breach. 21. This application, for an exploratory well site which includes a retrospective element for the security cabins, was received by the County Council on 12th May 2016. No further action was taken by BDC. 22. Following the submission of the exploratory well site application the security cabins were now associated with a minerals application and the consideration of unauthorised operations became the responsibility of the County Council. The County Council has received complaints subsequent to the submission of the planning application. 23. The County Council‟s Monitoring and Enforcement officers reviewed the development and came to the view that it would not be expedient to initiate enforcement action at that time having considered the impacts and harm, and that a planning application had been submitted seeking to regularise the development. 24. It was noted at the time by the County Council‟s Monitoring and Enforcement officers that if the application is granted the development would be authorised and the matter closed. If the application is refused the matter would be revisited and appropriate action initiated at that time to remedy the breach of planning control. Proposed Development 25. The proposed development is the construction of an exploratory hydrocarbon well site. The well would be a vertical well to a maximum depth of 3,300 metres to target the Bowland Shale and Millstone Grit geological formations, where multiple core samples would be taken. The proposal includes three sets of monitoring boreholes (each containing up to three boreholes) to be installed to sample and monitor groundwater and ground gas before and during drilling of the exploration well. Retrospective planning permission is also sought for the security cabins that are already on site. 26. The proposed development would have four phases: construction; drilling; evaluation; and decommissioning and restoration. Planning permission is sought for a temporary period of three years. 27. The purpose of the exploratory well is to log and take core samples from the borehole, which once analysed will confirm whether flow testing (which could involve well stimulation through hydraulic fracturing) of the well would be worthwhile.