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Advice to Janet Roberts-Lewis

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Enquiry

From
Janet Roberts-Lewis
Date advice given
4 May 2012
Enquiry type
Email

A licence has been granted by the National Coal Authority to allow a complex drilling process to extract shale gas from the whole of Swansea Bay (from Mumbles to beyond Aberavon, Port Talbot).

As this may class as an 'off shore' developmentI have been trying to find out the planning processes which would be involved were the company concerned seek to go ahead with this. In particular I should like to know the following:

a) Who receives the planning applications b) Who receives comments on the planning applications c) Which agencies advise on environmental impacts of developments

I look forward to your reply and thank you for your assistance in this matter.

Advice given

Thank you for your email dated 28 April 2012 regarding the consenting regime for shale gas extraction.

The National Infrastructure Directorate of the Planning Inspectorate deals with Nationally Significant Infrastructure Projects (NSIPs), as defined in section 14 of the Planning Act 2008 as amended [“the Act”].

Gas extraction does not currently fall under the definition in section 14 of the Act. However, should any part of a project consist of an NSIP, an application for orders granting development consent must be made to the Secretary of State.

You can find details of the development consent regime for NSIPs on the Planning Inspectorate’s National Infrastructure Planning website (link below). You may find of particular interest advice note 8.

In regards to you query; our understanding is that permission for a well that is targeted at conventional or unconventional gas, must be granted from the Coal Authority if the well encroaches on coal seams. Then the operator needs to seek planning permission from the Local Planning Authority (LPA), who receives comments on planning applications. The operator must consult with the Environment Agency (EA) in England and Wales, or the Scottish Environmental Protection Agency (SEPA) in Scotland, who are also statutory consultees to the LPA. The LPA will determine if an environmental impact assessment (EIA) is required, and an environmental permit from the appropriate environment agency may also be required.

Should the LPA grant permission to drill, The Department of Energy and Climate Change (DECC) will consider an application to drill and at least 21 days before drilling is planned, the Health and Safety Executive (HSE) must be notified of the well design and operation plans.

You can find more information on the consenting regime(s) for shale gas extraction on DECC’s website following the link below:

http://www.decc.gov.uk/en/content/cms/meeting_energy/oil_gas/shale_gas/shale_gas.aspx

Please note our disclaimer at the bottom that this does not constitute legal advice on which you can rely, however, I hope that the above is of assistance.