Appendix 1

Committee and DateArea Regulatory Committee –North (Oswestry)

27th October 2009

Item/Paper

5Public

Development Management Report

Parish: Ellesmere RuralApplication Number: 09/01853/MAW

Grid Ref: 334828 - 334721

Proposal: Drilling of a temporary appraisal borehole (up to 60 days) to retrieve a core ofcoal to surface for analysing of coal structure, permeability and gas content, andappropriateness for Coal Bed Methane (CBM) production, followed by restoration of thesite back to agriculture

Site Address: Land North West Of Old Marton Farm New Marton Near St MartinsShropshire

Applicant: Composite Energy

Case Officer: Mr Kelvin Hall email: planningdmc@shropshire.gov.uk

1.0 THE PROPOSAL1.1

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Planning permission is sought for the drilling of a deep borehole to allow theremoval of a core of coal for analysis. The proposed drilling operation wouldbe undertaken for a maximum period of 60 days, following which the landwould be reinstated.

Background to the current planning applicationThe applicant, Composite Energy Ltd., has been granted a licence by CentralGovernment for the drilling of a number of appraisal boreholes in differentareas within the UK, as part of the Government’s Onshore Oil and GasLicencing Round. The licence granted to Composite Energy relates to blocksof land that lie above coalfields.

Details of planning applicationThe applicant advises that the purpose of the temporary mineral appraisalborehole is to remove a coal sample for analysis in order to test the presenceof gas (Coal Bed Methane) within the coal, its permeability and structure. Thecompany confirms that there would be no attempt to stimulate gas from the

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borehole as part of these exploratory operations.

The proposal would involve the erection of a drilling rig of either 15 metres or18 metres in height (depending upon the particular type of rig that would beused). The use of land for mineral exploration purposes can normally beundertaken without the need for planning permission. However in this case theheight of the rig is such that planning permission is required for the operation.

The operation would involve drilling down to the underlying coal seam to adepth of approximately 1500 metres.

Site preparation would include the stripping of soil from the site, the formationof soil bunds around the perimeter of the site (for acoustic and visualscreening) and the erection of a perimeter security fence. In addition to thedrilling rig, the plant and structures to be located within the site for the durationof the temporary operations would include site offices, pumps, tool sheds andgenerators up to a height of 2.5 metres.

It is proposed that site preparation and restoration works would take placebetween 7am and 7pm. Crew changes would be limited to 7pm and 7am. Theoperation of the drill rig itself is required to take place on a 24-hour basis.

Access to the site would be directly from the public highway using the existingfield entrance. The application provides an assessment of the level of trafficthat would be associated with the proposed operation. This would varyaccording to the phase of development, ie. site preparation, drilling, restoration.During site set-up, traffic would include approximately 77 lorries deliveringhardcore over a 6 day period, with further lorries delivering machinery, sitefacilities, cement, and the drilling rig. Similar levels of traffic would beassociated with the dismantling and restoration of the site. During the drillingoperation, there would be approximately 7 vehicles per day, comprising flat bedlorries for delivery of materials, tankers for water, fuel, etc. and otherlightweight deliveries. Site staff would be transported to/from the site byminibus.

Following the completion of the drilling and coring process the borehole wouldbe abandoned and restored according to the requirements of the appropriateregulatory bodies, with the site being returned to its prior agricultural condition.

2.0 SITE LOCATION/DESCRIPTION2.1

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The application site is located in a rural area approximately 800 metres to theeast of the hamlet of New Marton, and approximately 2.7km south-east of St.Martins (see attached location plan).

The application site comprises an area measuring approximately 55 metres x60 metres at the corner of an agricultural field. Access to the site would be viaan existing field gate directly from the public highway.

Surrounding land is in agricultural use. The area is relatively undulating andcharacterised by agricultural fields with hedgerow or fenced field boundariesand hedgerow trees, with occasional isolated properties. The nearestdwellings to the site are Old Marton Hall approximately 500 metres to the

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southeast and Old Marton Farm approximately 640 metres to the south-east.As an indication of the rural nature of the area, there are approximately 7properties within a 1km radius of the application site.

The highway network in the vicinity of the application site in general comprisessingle vehicle width lanes. Route 31 of the National Cycle Network passeswithin 300 metres of the application site. The nearest public right of way to thesite is to the north-west, approximately 650 metres away.

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RECOMMENDATIONSIt is recommended that planning permission for the temporary drilling operationis granted subject to conditions as specified below.

4.0 REASON FOR COMMITTEE4.1 The application does not fall within the criteria of the Delegation Scheme as the

Parish Council has objected to the application, and this is contrary to theOfficer recommendation to approve the application.

5.0 RELEVANT PLANNING HISTORY5.1 There are no records of any previous planning applications for mineral

exploration or appraisal operation at or in the vicinity of the site.

6.0 CONSULTEE RESPONSES6.1

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Ellesmere Rural Parish Council Strongly object on the grounds that it will bean invasion on the rural community with no real benefits. The noise of thedrilling during the night as it is 24 hours drilling. The country lanes cannot dealwith the increase in traffic.

Environment Agency No objections, in principle, to the proposeddevelopment but recommend that if planning permission is granted thefollowing conditions are imposed:

Flood risk: The site located within Flood Zone 1 (low probability) based on theAgency’s 'indicative' Flood Zone Map. Based on Agency maps no ditches orwatercourses are present. On the basis of the scale and nature of thedevelopment, in this location, the Agency would refer you to the West AreaFlood Risk Standing Advice for 'development less than 1ha within Flood Zone 1- surface water management advice' and any advice from your Land DrainageOfficer.

Groundwater and contaminated land: The proposed borehole is to be drilledthrough a major aquifer and within a closed groundwater management unit.Therefore every effort should be made to prevent groundwater from beingdischarged from the borehole.

Notice must be given to the Agency under the Water Resources Act 1991 todrill a borehole for the purposes of searching for or extracting minerals. TheAgency may serve a conservation notice specifying measures to be taken toconserve water.

The Agency has reviewed the information as submitted and understand thatthe borehole will be abandoned according to DECC, Coal Authority and HSE

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requirements, along with the Agency’s guidance notes on the decommissioningof boreholes.

The Agency originally recommended that a condition is imposed to secure fulldetails of the abandonment of the well to prevent pollution of controlled waters.The Agency has now re-assessed the proposal and considers that thedecommissioning of the well would be adequately controlled through therequirements of the Water Resources Act.

It is also understood that a method statement will be provided in connectionwith the borehole design and use of drilling fluids.

Pollution prevention: The Agency recommends the imposition of a condition tocontrol the design of any facilities for the storage of oils, fuels or chemicals, inorder to prevent pollution of the water environment.

It is noted that there are no recorded past workings on the site, with thepotential to have contaminated the surrounding land. It is also acknowledgedthe present use is agricultural land. However, if during construction /excavation works any contaminated materials are revealed then the movementof such material either on or off site should be in consultation with theEnvironment Agency. The Agency therefore recommends the imposition of acondition to ensure this.

The Agency originally recommended that a condition is imposed to ensure thatthe car park area, along with areas susceptible to oil contamination,incorporates oil interceptors. Following a re-assessment of the proposal theAgency has advised that oil interceptors would not be necessary given thescale and nature of the proposal, and the proposed pollutionprevention/management techniques.

The developers should adopt all appropriate pollution control measures, bothunderground and on the surface, to ensure that the integrity of the aquaticenvironment, both groundwater and surface water, is assured.

The Agency has produced a range of guidance notes giving advice on statutoryresponsibilities and good environmental practice which include PollutionPrevention Guidance Notes (PPGs) targeted at specific activities.

Export and import of wastes at the site: Any waste produced as part of thisdevelopment must be disposed of in accordance with all relevant wastemanagement legislation. Where possible the production of waste from thedevelopment should be minimised and options for the reuse or recycling of anywaste produced should be utilised.

Should it be proposed to import waste material to the site for use in theconstruction of the development (e.g. for the construction of hard-standings,access tracks etc) a waste management licence, PPC Permit, or Exemptionmay be required.

Wales and West Utilities Wales and West Utilities apparatus may be directlyaffected by the proposals and the details have been forwarded to Work

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Definition for their comments. If Wales and West are affected an Engineer willadvise further. [No further comments received.]

CPRE Notes that the noise levels have merely been assumed to be sufficientlysimilar to those involved in previous applications that neither background noisemeasurements were made nor sound levels estimated at nearby potentialreceptors. In respect of the similar application no. 09/01502/MAW, thebackground there was at a very low level. CPRE asks that the noise level atthe nearest receptor does not exceed "background + 10 dB(A)" as well asbeing below the quoted WHO criterion. The matter under discussion is noiseat night which has the potential to disturb sleep. Even one month of disturbedsleep is a very great burden. CPRE therefore asks that the strictest possiblecriteria be applied, and that the Council requires actual measurement andprediction before considering the application.

CPRE has also referred to a 2006 DTI report relating to windfarms, and thepoints made in relation to the difference between sleep disturbance andinterference with falling asleep in the first place.

CPRE also points out that when the borehole is shut down, there will be a steelcasing left deep underground which can interfere with future undergroundmining operations.

CPRE recommends that both the Council and the applicant study the leafletconcerning coal bed methane extraction in Montana [web address provided].

CPRE notes that Policies M24 and M9 of the Minerals Local Plan have notbeen saved, and requests that Shropshire Council looks to guidance from, forinstance, the corresponding documents from other Mineral PlanningAuthorities.

Public Protection No response received.

Highways Development Control It is noted that two representations havebeen made in respect of this application. Firstly the Parish Council who haveraised a strong objection which includes concerns relating to the adequacy ofthe approach roads leading to the site and secondly from a local resident, whoalso raises concerns regarding the road network and would wish to seecontrols imposed in the event that permission is granted.

The approach roads leading to the site are generally of single vehicular widthwith infrequent passing opportunities along the various routes which could begained to the site. With regard to the location of the site in the context of thelocal highway network there is not an obvious route which readily stands out.As such therefore in terms of accessibility and suitability to cater for the typeand number of vehicles likely to be generated by the proposal this site is lessthan ideal.

It is recognised however that the proposal is for a temporary period ofapproximately 2 months. Set against that and having regard to the backgroundtraffic movements on the local highway network which are likely to be low, theproposal would introduce a significant increase in large type vehicles on the

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network within a relatively short period of time.

In light of the above, consideration has been given to whether an appropriateroute can be gained to the site and whether suitable controls could be imposedto cater for and manage the proposed level of traffic movements over thetemporary period. After carrying out an assessment of the various routes themost appropriate route is considered to be via the B5068 junction at CrossLanes travelling south to Dudleston Hall and then south-west to the siteaccess. The overall distance of this route measures some 2.5 km.

Whilst there is concern regarding the route suggested above, given the limitedperiod that this proposal will operate, it is considered that provided controls areimposed before and during the operations then the highway authority would notwish to raise a highway objection. It is considered however that these wouldneed to include the provision of some passing places along the prescribedroute. Whilst this is generally not a request that would be made in relation toworks being carried out over a temporary period, it is considered that dueregard has to be given to the constraints of the identified approach roadleading to and from the site and what are clearly 'exceptional large vehicle type'traffic movements on the local highway network.

It is considered therefore that the following requirements will need to beincorporated into any planning permission granted:-

Prior to the commencement of development the applicant / contractor willneed to submit a traffic management plan (TMP) to control the movement oflarge type vehicles to and from the site. The TMP will need to be fullyimplemented throughout the duration of the drilling operations. The TMPwill include a routing agreement.

Prior to the commencement of development a scheme for theimplementation of passing places along the agreed traffic route to the siteshall be submitted and agreed. The passing places shall be constructedfully in accordance with the approved details prior to the commencement ofdevelopment.

A road condition assessment of the agreed traffic route to the site shall becarried out by the highway authority and applicant / contractor prior to thecommencement of the development. During and following the completionof the works the agreed traffic route shall be inspected and a final roadcondition inspection carried out to identify remedial works which will need tobe undertaken at the applicants / contractors expense.

The access to the site and internal road and hardstanding areas shall beconstructed and laid out in accordance with details and a specification to befirst submitted and agreed. The scheme shall be fully implemented inaccordance with the approved details prior to the drilling workscommencing.

Subject to the above, no objection is raised to consent being granted.

Historic Environment and Conservation No observations.

Ecologist/Biodiversity Support Officer The application states that the sitewill stand off from all hedgerows by 10 metres, this should be a condition of

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planning permission should it be granted.

Great Crested Newt A great crested newt survey was undertaken at a pond200m from the proposed site, no great crested newts were recorded during thesurvey and no further action is required with respect to this species. If a greatcrested newt were to be found on the site then work should halt and NaturalEngland should be contacted for advice.

Bats There are trees within the same field as the application site which havepotential for bats. The application states that none of these trees will beremoved. Provided that no tree or hedgerow removal is planned no furthersurvey work for bats is required.

Lighting from the site should be angled downwards and in towards the rig. Nolights should point outwards towards hedgerows or trees or up into the skysince these lights could disturb bats which may be foraging in the area.

If a bat is found at any time then work must halt and Natural England should becontacted for advice.

Wild Birds Clearance of any areas of scrub, vegetation should occur outside ofthe bird nesting season which runs from March to September inclusive.

If an active bird nest is found within the working area then work must halt untilthe chicks have left the nest.

Badger There is an outlier badger sett close to the site but it is 100m awayfrom the working area and as such should not be affected by the proposedworks. If any works are planned to occur within 30 metres of the badger settthen a Natural England licence would be necessary.

If signs of any other badger setts are discovered on the site then work shouldhalt and Natural England should be contacted for advice.

Other consultations: In addition to the above, British Gas, Health andSafety Executive and Shropshire Wildlife Trust have been consulted and noresponse has been received.

7.0 PUBLIC REPRESENTATIONS7.1

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The application has been advertised at the site boundary and in the localpress, in accordance with statutory procedures. In addition, neighbournotification letters have been distributed to four residential properties in thevicinity of the site.

One letter has been received from a resident in the area raising the followingconcerns: the lanes leading to the site are extremely narrow and already hazardous

when used by vehicles, bicycles, walkers and horses; the lanes are all single track with many blind bends and few passing places; one of the National Cycle Routes passes close to the site; site preparation and subsequent vehicle movements will undoubtedly add

significantly to the volume of local traffic already using the lanes and

thereby add an increased risk of accidents; should permission be granted, a strict condition should be imposed to

ensure that all hedgerows and verges approaching the site and likely to beused by contractors are well trimmed and maintained in a well trimmedstate for the duration of the works;

surfaces of the surrounding lanes are already in a poor state of repair, andthe added volume of heavy vehicles will undoubtedly further damage theexisting surfaces particularly over the winter months. No doubt theCommittee will feel it appropriate to ensure suitable repair works are carriedout at the earliest opportunity once the drilling operation has ceased.

8.0 PLANNING POLICY8.1

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Central Government Guidance: Mineral Policy Statement 1 – Planning and Minerals, and accompanying

Practice Guide (MPS1). The Practice Guide states that the process ofexploration and appraisal does not carry any presumption that long-termproduction will take place at that location.

Mineral Policy Statement 2 – Controlling and Mitigating the environmentaleffects of mineral extraction in England (MPS2) states the principles to befollowed in considering environmental effects of mineral working. Annex 2(Noise) of MPS2 is a statement of the policy considerations in relation tonoise from mineral workings and associated operations

Minerals Planning Guidance: Applications, Permissions and Conditions(MPG2), includes advice on planning conditions and ‘permitteddevelopment’ rights

Minerals Planning Guidance: The Reclamation of Mineral Workings(MPG7), provides guidance in relation to the restoration of mineral sites

West Midlands Regional Spatial Strategy Policy QE1 (Conserving and Enhancing the Environment), which states that

environmental improvement is a key component of the Strategy, seeking toconserve and enhance the environment and requiring that high standardsfor sustainable natural resource use and management are adopted as partof development;

Policy QE3 (Creation of a high quality built environment for all), stating theparticular attention should be given to factors such as securing a highquality of townscape, urban form, building design and urban spaces throughdesign, incorporating sustainability considerations, and assessing andminimising the impacts of noise pollution as a result of development;

Policy QE6 (The conservation, enhancement and restoration of theRegion’s landscape), which includes the need to consider factors thatcontribute to landscape character including the minimisation of noisepollution;

Policy QE7 (Protecting, managing and enhancing the Region’s Biodiversityand Nature Conservation Resources), which gives priority to, among others,resources that receive statutory protection;

Policy QE8 (Forestry and Woodlands), encouraging an increase in treecover where appropriate, and the replacement of woodland lost todevelopment;

Policy QE9 (The Water Environment), to protect and improve water qualityand reduce the risk of pollution;

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Policy M4 (Energy Minerals), stating that development plans should includepolicies which: recognise that energy minerals are of national and Regionalimportance; recognise the contribution that the exploitation and utilisation ofenergy minerals can make to meeting the Region’s future energy needs inthe medium to long term, recognise the development and role of newtechnologies in releasing sources of energy from worked and unworkedcoal resources in the Region for local use; and take account of existingnational guidance in relation to coal mining, emerging guidance on oil andgas and new technologies and revisions to national energy policy.

Structure Plan Policy P5 (Development Outside Settlements), stating that outside the

principal growth centres and settlements identified in Local Plans assuitable for development, development shall be limited to types that includethe winning and working of minerals;

Policy P16 (Air Quality), stating that development proposals shall take intoaccount their effect on air quality having regard to national strategyobjectives and local plans;

Policy P35 (Road Freight), stating that development proposals shall ensurethat the impact of lorries on communities and the environment is minimisedby: encouraging heavy commercial vehicles to use the national primaryroad network and other designated routes; locating new developments thatare likely to generate significant amounts of heavy goods traffic where theyare easily accessible by an appropriate route to the national primary roadnetwork or can be served by rail;

Policy P39 (Public Rights of Way), to protect and maintain and wherenecessary improve the network of public rights of way;

Policy P58 (A Sustainable Approach to Minerals Development), seeking toachieve the best balance of social, environmental and economic costs andbenefits, ensuring an adequate supply to meet needs, and taking intoaccount the following principles:- the need to conserve minerals;- ensuring that adverse environmental impacts and effects on people

caused by mineral operations and the transport of minerals are kept to aminimum;

- promoting the efficient use of materials by encouraging appropriate use ofhigh quality materials, reduction, re-use and recycling, and wasteminimisation;

- preventing the unnecessary permanent sterilisation of mineral resources;and

- encouraging sensitive working, restoration and aftercare practises so asto preserve or enhance the overall quality of the environment.

Policy P59 (Environmental Considerations), stating that mineral extraction,processing or associated development will only be permitted where it canbe demonstrated that there will be no unacceptably adverse effect oninterests of acknowledged importance. These may include: best and mostversatile agricultural land; people and local communities; landscapecharacter; the historic environment; wildlife; and water resources;

Policy P68 (Transport of Minerals and Waste), supporting opportunities tominimise road vehicle movements where there will be no unacceptablyadverse effect on the environment. Consideration should be given to,amongst other things, locating development where satisfactory access can

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be obtained to the primary road network.

Minerals Local Plan:The adopted Minerals Local Plan contained policies relating to mineralexploration and gas field evaluation (M9 - Mineral Exploration and M24 - Oiland Gas: Further Evaluation of the Field). A number of Minerals Local Planpolicies have been ‘saved’ to ensure that they continue to be applicablepending their replacement by policies as part of the new Development PlanDocuments. Policies M9 and M24 were not saved because they areadequately covered by national policy set out in MPS1 and the accompanyingPractice Guide. These two policies therefore no longer form part of theDevelopment Plan.

Extant general policies of the Minerals Local Plan that apply to the proposeddevelopment include the following: Policy M1 (A More Sustainable Approach to Mineral Development), to attain

a sustainable approach to the development of the mineral resources ofShropshire and Telford & Wrekin. The objectives for sustainabledevelopment include: ensuring that environmental impacts caused bymineral operations and the transport of minerals are kept, as far aspossible, to an acceptable minimum; encouraging sensitive working,restoration and aftercare practises so as to preserve or enhance the overallquality of the environment;

Policy M3 (Development Control Considerations), requiring that regard ispaid to any unacceptably adverse effects of the proposal upon: towns,villages and nearby houses and occupied property both close to theproposed development site and close to proposed haul routes; sensitivesites and species; the countryside and the local economy; the transportnetwork and local roads; water resources, including the flow and quality ofsurface waters and groundwaters; the risk of flooding; pollution; and theeffects on wetlands, watercourses and other water bodies; best and mostversatile agricultural land; the stability of the site and adjoining land; andrights of way and public access land;

Policy M4 (Operational Considerations), requiring that regard is paid to: themeasures to protect people and the environment from any unacceptablyadverse effects, including visual, noise, dust, or traffic impacts; effects onsurface waters or groundwaters and from the risk of flooding; the method,phasing and management of the working proposals; site access and trafficmovements;

Policy M27 (Reclamation and Aftercare), requiring that mineraldevelopment incorporates a satisfactory scheme for the reclamation of thesite to an agreed after-use or to a state capable of beneficial after-use.

North Shropshire District Local Plan Policy D1 (General Development Control Criteria) requiring that applications

should normally satisfy criteria including: appropriate location and nature,including its relationship to existing and other proposed land uses; size andintensity must not have an unacceptable impact on the surrounding areaand its immediate setting; road network must be capable of safelyaccommodating the type and scale of traffic likely to be generated, andadequate visibility be available from, and for vehicles turning into, the site;

satisfactory arrangements for the disposal of sewage and trade effluent anddrainage; no unacceptable levels of air, water, soil, odour, light and otherenvironmental pollution; no unacceptable levels of noise nuisance and,where appropriate, should include adequate noise mitigation measures.Noise sensitive developments and those that would result in significantnoise should not be located in close proximity to one another; adequatevehicular access and parking together with commensurate manoeuvringand servicing space; sufficient size of site; visual appearance should notadversely affect the character of the area, especially where these are ofspecial architectural, environmental or historic value; no adverse affect onnatural features, habitats or species of significant historic, scientific orconservation value; changes of use, and intensification of existing uses,should not adversely affect the amenities of adjoining occupiers or theneighbourhood to an unacceptable extent; safeguarding of existing publicrights of way; avoidance of risk of Government’s standards on air pollutionbeing exceeded;

Policy D2 (General Design Principles) stating that the siting, massing,height, design, layout and materials of a development should beappropriate to the location, character and size of the site; and have regardto the local distinctiveness of its wider surroundings and the amenities ofneighbouring properties;

Policy D3 (Crime Prevention), stating that the design and layout of newdevelopment should have regard to issues of crime prevention;

Policy D8 (Landscaping), normally requiring that the layout and landscapingof sites retain and enhance existing natural features including trees andhedges; landscaping schemes have regard to the character of thesurrounding area;

Policy L1 (Development in the Countryside), stating that proposals shouldprotect the visual quality of the landscape of the rural area, and should besited and designed to minimise visual intrusion and adverse impact uponlocal features of historic, scientific or conservation value;

Policy L6 (Tree Preservation), seeking to retain and where appropriateincrease the planting of trees, hedgerows and woodlands.

9.0 THE MAIN PLANNING ISSUES Need for planning permission Purpose of proposed development Siting, scale and character Residential and local amenity considerations Pollution control considerations Ecological considerations Traffic and access issues Reinstatement and restoration of site

10.0 OFFICER APPRAISAL10.1 Need for planning permission10.1.1 The proposed operation would involve the drilling of a deep borehole to obtain

a core of coal that would be removed for further analysis. Once drillingoperations have been completed the borehole would be sealed, the drilling rigand associated plant would be removed, and the land reinstated.

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Planning legislation allows for the drilling of temporary boreholes for thepurposes of mineral exploration without the need for planning permission,subject to specific conditions being met. These conditions include therequirement that no structures associated with the operation exceed 12 metresin height.

In this particular case, the proposed drilling operation would involve theerection of a drilling rig of either 15 metres or 18 metres in height (dependingupon the particular type of rig that would be used). As the rig would exceed 12metres in height, planning permission is required for the operation.

The application has stressed that, with the exception of the height of the drillingrig, the proposed development complies with the specific conditions of the‘permitted development’ regulations that would allow the proposal to beundertaken without the need for planning permission.

This point is acknowledged. Nevertheless, as planning permission is required,the application needs to be considered in accordance with the policies of theDevelopment Plan. It also offers the opportunity to incorporate appropriateconditions on any consent.

10.2 Purpose of proposed development10.2.1

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The proposed operation is for short-term minerals exploration only. Thepurpose is to assess the potential of the coal that underlies the area to containcoalbed methane (CBM). CBM is methane that is contained in unworked coalseams. The applicant is obligated under its licence from the Government todrill appraisal boreholes within each of its 14 licence areas in the UK.

The appraisal programme seeks to assess whether CBM extraction in the areawould be commercially viable. The applicant stresses that the proposal toundertake appraisal operations at this location does not imply that the sitewould be used for future gas production. Furthermore, it should be recognisedthat the granting of a planning permission for exploration and appraisal doesnot carry with it any presumption that long-term production from those wells, orthat development of further wells, will be permitted. The applicant hasconfirmed that all activities and operations are fully regulated by theDepartment of Energy and Climate Change, the Coal Authority and the Healthand Safety Executive.

10.3 Siting, Scale and Character10.3.1

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The applicant has provided background information on the reasons for thechoice of this particular site for the proposed temporary drilling operations. Thefactors influencing the siting include specific geological requirements, suitablesite access and other environmental and operational considerations (StructurePlan Policy P5).

The proposed temporary development would involve the provision of a drillingrig up to 18 metres in height, and portacabin offices and other buildings andplant up to 2.5m metres in height. It is proposed to form a soil bund fromstripped soils of approximately 2.5 metres height around the north-eastern andsouth-eastern sides of the site. In addition dark green-coloured fencing, 2metres high, would be erected around the perimeter of the site. These would

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provide some screening of the development from surrounding areas.Nevertheless, the rig and associated structures and platforms would be visibleabove the height of the bund and fence.

However, in assessing the likely impact of the proposed temporary operationon the landscape character of the area, it is noted that the area is relativelyremote, with few properties or public rights of way in the vicinity of the site. Inaddition the relatively undulating nature of the area and existing mature trees inthe landscape would reduce the visual impact of the development from furtherafield. It is recognised that the proposed development would result in someimpact on the character of the area. However due to the topography andexisting vegetation of the area, it is considered that the provision of the drillingrig and associated plant at this site can be accommodated within the landscapefor the temporary period proposed (Regional Spatial Strategy Policy QE6;Structure Plan Policies P58 & P59; Minerals Local Plan Policies M3 & M4;North Shropshire District Local Plan Policies D1, D2, D8, L1 & L6).

10.4 Residential and local amenity considerations10.4.1

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The main potential impacts of the proposed development on residential andlocal amenity from the drilling operations would be from noise and dustemissions, and the use of lighting at the site. It is however recognised thatthere are few sensitive receptors in the vicinity of the site. In particular theclosest residential property is approximately 500 metres away.

The applicant has advised that the site would be sprayed with water shouldconditions merit this to prevent dust emissions. Site lighting would be orientedinwards towards the site, and designed to have minimal upward light outputand to avoid spillage from the site.

In relation to potential noise impact, the CPRE has commented thatbackground noise levels have not been provided as part of the submittedinformation, and that estimates of noise levels that would be experienced atnearby potential receptors have not been made. However, it is noted that theapplicant’s assessment of noise impact is based upon a noise survey carriedout on one of its operational sites. These findings indicate that, by shieldingthe most significant noise sources, noise from the operation of the well drillingand associated pumps should not cause annoyance to residential receivers atdistances in excess of 220 metres and sleep disturbance may be avoided atdistances in excess of approximately 400 metres.

In relation to the present application, the nearest residential receptor is locatedin excess of 500 metres from the site of the drilling rig. Based upon previoussurvey results it is reasonable to conclude that this distance is sufficient toattenuate noise to levels that would not disturb residents. In order to providereassurance to residents, the applicant has confirmed that it undertakes noisemonitoring at sensitive receptors to ensure that noise limits are met, and thatresults would be reported to the Council (Regional Spatial Strategy PoliciesQE3 & QE6; Structure Plan Policy P59; Minerals Local Plan Policies M3 & M4;North Shropshire District Local Plan Policies D1 & D2).

10.5 Pollution control considerations10.5.1 The application includes details of measures proposed to protect groundwater

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and surface waters from risk of pollution. In relation to groundwater, the drillingoperation would penetrate the underlying aquifer and it is proposed to installsteel casing in the borehole to form an impermeable barrier across the depth ofthe aquifer. Additional measures proposed for the protection of groundwaterresources include the storage of fuel, oil and lubricants in bunded areas.

The Environment Agency has reviewed the proposal and has raised noobjections to the drilling operations, but has made a number ofrecommendations. The applicant has confirmed that these are acceptable.Furthermore, it is understood that the applicant would be required to seekadditional approvals in relation to well design matters from the Department ofEnergy and Climate Change, and also the Environment Agency under theWater Resources Act. In relation to the planning application it is consideredthat satisfactory measures have been put forward to minimise the risk ofpollution to water resources (Regional Spatial Strategy Policy QE9; StructurePlan Policy P59; Minerals Local Plan Policies M3 & M4; North ShropshireDistrict Local Plan Policy D1).

10.6 Ecological considerations10.6.1

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The application is accompanied by ecological survey reports to assess thepotential impacts of the development on protected species. The reportsconclude that the site is of negligible importance from a botanical point of view,and will not provide suitable habitat for protected species such as birds, bats,badger, or great crested newt. A newt survey was undertaken and did notreveal the presence of newts within 250 metres of the proposed site.

A number of recommendations have been made by the Council’s BiodiversityOfficer and the applicant has confirmed that these would be adhered to. Onthe basis of the information available it is not considered that the proposedtemporary development would adversely affect protected species (RegionalSpatial Strategy Policy QE7; Structure Plan Policy P59; Minerals Local PlanPolicy M3; North Shropshire District Local Plan Policy D1, L1 & L6).

10.7 Traffic and Access issues10.7.1

10.7.2

Vehicular access to the site would be gained via an existing field access gatefrom the public highway. There is a relatively wide grass verge between thisgate and the highway. This, together with a similarly wide verge almostopposite, would increase the space available for large vehicles to turn into andout of the site. Nevertheless it is considered that surface improvements to theaccess point would need to be agreed in consultation with the HighwaysDevelopment Control Officer, and this can be secured through a planningcondition.

Concern has been expressed by a resident in the area regarding the limitationsof the local road network to accommodate the type and volume of traffic thatwould be associated with the proposed development. The applicant hasprovided an assessment of the type and number of vehicles that would beassociated with the proposed temporary operation during the three stages of:site set-up, drilling and site reinstatement. On average it is estimated thatthere would be 15 vehicle movements per day associated with the proposedoperation. These vehicles would include tipper lorries, articulated lorries, flat-bed lorries and tankers.

10.7.3

10.7.4

The approach roads to the site are generally of single vehicle width with limitedforward visibility in some places. It is recognised that any traffic impact wouldbe for a temporary period and that there are relatively limited levels of existingtraffic using these roads. Nevertheless the use of the local highway network bythe anticipated type and number of vehicles that would be associated with thedrilling operation has the potential to cause disruption and hazards to otherroad users.

Consideration has been given to the Highways Officer’s assessment of thelikely traffic impact of the proposed operation on the local road network. Onbalance it is considered that the proposal can be accommodated in relation totraffic and access consideration subject to specific traffic management controlsbeing imposed to maintain highway safety and minimise impacts on localroads, as recommended by the Highways Officer. These would includeagreement on the routing of traffic such that vehicles would approach the sitefrom and leave to the north, and also the provision of passing places at specificlocations along this agreed route. In addition, it is considered that it would beappropriate that the applicant repairs any damage caused to the local roads asa result of the additional numbers of large vehicles associated with thedevelopment. The retention of the passing places following the completion ofthe development would provide some degree of public benefit in creating morepassing opportunities for local traffic (Structure Plan Policies P35, P58 & P68;Minerals Local Plan Policies M1, M3 & M4; North Shropshire District Local PlanPolicies D1 & D2).

10.8 Reinstatement and restoration of site10.8.1

10.8.2

The measures proposed for the reinstatement of the site following thecompletion of drilling operations include the removal of all plant and structures,the sealing of the borehole and the restoration of the land to its formercondition. These proposals would ensure that the land can be returned to itscurrent agricultural use. Subject to controls over the timing of restorationworks, these reinstatement measures are considered to be acceptable.

The comments of the CPRE that the steel casing left underground can interferewith future mining operations are noted. However, as at the current time thereare no proposals for mining at the site, the proposals for abandonment areconsidered to be acceptable in land-use terms. The technical details of theabandonment of the borehole would be governed by the requirements of otherbodies such as the Department of Energy and Climate Change (Structure PlanPolicy P58; Minerals Local Plan Policies M1 & M27; North Shropshire DistrictLocal Plan Policies D1 & L1).

11.0 CONCLUSION11.1

11.2

The proposal for the drilling of a deep borehole into the underlying coalmeasures at land near New Marton would be for appraisal purposes toinvestigate the potential for coal bed methane production, and is supported inprinciple by planning policies. The operation would be undertaken for atemporary period following which the borehole would be abandoned and theland reinstated and restored to its prior condition.

Whilst there would be some local impact for the short-term duration of the

works, these can be minimised through the imposition of specific conditionsincluding the implementation of traffic management measures and sitemanagement controls. On balance it is considered that the proposal temporaryoperation can be accommodated in relation to Development Plan policies.

12.0 LIST OF BACKGROUND PAPERS:The application 09/01853/MAW and supporting information and consultationresponses.

13.0 HUMAN RIGHTSArticle 8 give the right to respect for private and family life and First ProtocolArticle 1 allows for the peaceful enjoyment of possessions. These have to bebalanced against the rights and freedoms of others and the orderlydevelopment of the County in the interests of the Community.

First Protocol Article 1 requires that the desires of landowners must bebalanced against the impact of development upon nationally important featuresand the impact on residents.

This legislation has been taken into account in arriving at the aboverecommendation.

14.0 Environmental AppraisalThe specific environmental impacts and wider issues raised by the proposalsare considered in the above report.

15.0 Risk Management AppraisalNot applicable.

16.0 Community / Consultations AppraisalDetails are included in this report.

17.0 Member ChampionNot applicable.

18.0 Local MemberCouncillor B Williams

19.0 AppendicesNone.

Reason for Approval

See section 11 above.

Policies material to the determination of the Application.In determining this planning application the Local Planning Authority gave consideration tothe following policies:• Central Government Guidance: MPS1 (Planning and Minerals), and accompanying

Practice Guide, MPS2 (Controlling and Mitigating the environmental effects of

mineral extraction in England), MPG2 (Applications, Permissions and Conditions),MPG (The Reclamation of Mineral Workings)

• West Midlands Regional Spatial Strategy: Policy QE1 (Conserving and Enhancingthe Environment), Policy QE3 (Creation of a high quality built environment for all),Policy QE6 (The conservation, enhancement and restoration of the Region’slandscape), Policy QE7 (Protecting, managing and enhancing the Region’sBiodiversity and Nature Conservation Resources), Policy QE8 (Forestry andWoodlands), Policy QE9 (The Water Environment) and Policy M4 (Energy Minerals)

• Structure Plan: Policy P5 (Development Outside Settlements), Policy P16 (AirQuality), Policy P35 (Road Freight), Policy P39 (Public Rights of Way), Policy P58 (ASustainable Approach to Minerals Development), Policy P59 (EnvironmentalConsiderations), Policy P68 (Transport of Minerals and Waste),

• North Shropshire District Local Plan: Policy D1 (General Development ControlCriteria), Policy D2 (General Design Principles), Policy D3 (Crime Prevention), PolicyD8 (Landscaping), Policy L1 (Development in the Countryside), Policy L6 (TreePreservation)

• Minerals Local Plan: Policy M1 (A More Sustainable Approach to MineralDevelopment), Policy M3 (Development Control Considerations), Policy M4(Operational Considerations), Policy M27 (Reclamation and Aftercare)

Conditions

1. The development hereby permitted shall be begun before the expiration of threeyears from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990(As amended).

2. Not less than seven days prior written notice shall be given to the Local PlanningAuthority of the date for the commencement of the development hereby permitted,hereinafter referred to as the "Commencement Date".Reason: To facilitate monitoring of the development permitted.

3. This permission shall relate only to the area edged red on the submitted SiteLocation Plan (P185/064), hereinafter referred to as the "Site".

Reason: To define the Site and permission.

4. Except as otherwise required by the conditions attached to this permission, thedevelopment hereby permitted shall be carried out strictly in accordance with thedetails as contained in the following:-(i) Application form dated 3 July 2009;(ii) Planning Supporting Statement;(iii) Extended Phase I Habitat Survey;(iv) Great Crested Newt Survey Report;(v) Drawings:

• no, P185/063, Site 9 - Site Location PEDL 185 - SJ33;• no. P185/064, Site 9 - Site Location Plan PEDL 185 - SJ33;• no. P185/065, HH102 Indicative Site Layout;• no. P185/055, Coal Bed Methane Development Opportunity Area;• no. P185/067, HH102 Drill Site Elevations Site 9 SJ33 - PEDL - Wrexham;

• no. 1300/011, G55 Drill Rig Specifications;• no. 1300/010, HH102 Drill Rig Specifications;

(vi) letters from RPS dated 3 July 2009, 15 September 2009,Reason: To define the permission.

5. (a) No development hereby permitted shall commence until a TrafficManagement Plan has been submitted to, and approved in writing by, the LocalPlanning Authority. The submitted Traffic Management Plan shall include details of:(i) arrangements proposed to control and manage the movement of largevehicles to and from the Site,(ii) the proposed route that vehicles would take between the site and the nearestA or B class road,(iii) measures to undertake a highway condition survey of the agreed traffic routein conjunction with the Highways Authority, to be undertaken priorto the commencement of the development and following the completion of thedevelopment, to identify any remedial works necessary as a result of damagecaused by traffic associated with the development hereby permitted.(iv) a timetable for undertaking any highway repair works.

(b) Other than light vans and cars, vehicle access to the site shall not be gainedother than via the route approved as part of condition 5(a).

(c) Remedial works to the construction traffic route, as identified in condition 5(a),shall be undertaken in accordance with a scheme and timetable to be agreed withthe Local Planning Authority.

Reason: To ensure that highway safety is maintained and local disturbance isminimised for the duration of the development hereby permitted (Structure PlanPolicies P35, P58 & P68; Minerals Local Plan Policies M1, M3 & M4; NorthShropshire District Local Plan Policies D1 and D2).

6. No development hereby permitted shall be commenced until a scheme for theconstruction and implementation of passing places along the agreed traffic route tothe Site has been submitted in writing and agreed by the Local Planning Authority.The passing places shall be constructed fully in accordance with the approveddetails prior to the commencement of development.

Reason: To ensure that highway safety is maintained and local disturbance isminimised for the duration of the development hereby permitted (Structure PlanPolicies P35, P58 & P68; Minerals Local Plan Policies M1, M3 & M4; NorthShropshire District Local Plan Policies D1 and D2).

7. The access to the Site and internal road and hardstanding areas shall be constructedand laid out in accordance with design and specification that has received the writtenapproval of the Local Planning Authority. The approved scheme shall be fullyimplemented in accordance with the approved details prior to the commencement ofdrilling operations.

Reason: To ensure that the access to the Site is constructed to an appropriatespecification in the interests of highway safety; to minimise any adverse effects on

the visual quality of the area (Structure Plan Policy P59; Minerals Local Plan PoliciesM3 and M4; North Shropshire District Local Plan Policies D1 and D2).

8. No development hereby permitted shall be commenced until a noise monitoringscheme has been submitted to and approved in writing by the Local PlanningAuthority. The submitted scheme shall provide details of:(i) the noise limits to be applied at noise sensitive receptors in the vicinity of theSite, including residential properties,(ii) proposals for the periodic monitoring of noise generated by the development,and(iii) the provision of the results of such noise monitoring to the Local PlanningAuthority.

Reason: To protect noise sensitive receptors in the vicinity of the Site from adverselevels of noise (Regional Spatial Strategy Policies QE3 & QE6; Structure Plan PolicyP59; Minerals Local Plan Policies M3 & M4; North Shropshire District Local PlanPolicies D1 and D2).

9. Operations associated with site preparation, dismantling and reinstatement of theland, including the transport of materials to and from the Site for these purposes,shall not take place other than between 0800 hours and 1800 hours Mondays toFridays, and between 0800 hours and 1300 hours on Saturdays. No suchoperations shall take place on Public/Bank Holidays.

Reason: To protect local amenity and minimise disturbance in the local area(Regional Spatial Strategy Policy QE6; Structure Plan Policies P58, P59 and P68;Minerals Local Plan Policies M1, M3 and M4; North Shropshire District Local PlanPolicies D1 and D2).

10. All buildings, plant, equipment, structures and waste materials associated with thedevelopment hereby permitted shall be removed from the Site within four weeks ofthe completion of drilling and coring operations.

Reason: To ensure that temporary structures are removed from the Site within areasonable time period in the interests of visual amenity (Regional Spatial StrategyPolicy QE6; Structure Plan Policies P58 & P59; Minerals Local Plan Policies M3 &M4; North Shropshire District Local Plan Policies D1 and L1).

11. Site reinstatement operations, including the placement of stripped soils and therestoration of the Site to its former condition, shall be completed within one year ofthe Commencement Date.

Reason: To ensure that the Site is returned to an appropriate condition within areasonable period in the interests of local amenity (Regional Spatial Strategy PolicyQE6; Structure Plan Policies P58 & P59; Minerals Local Plan Policies M3, M4 andM27; North Shropshire District Local Plan Policies D1 and L1).

12. Other than the construction of the temporary access road into the Site, nodevelopment hereby permitted, including the siting of plant, equipment, buildings orbunds, shall take place within 10 metres of any tree or hedgerow.

Reason: To protect existing vegetation from damage (Regional Spatial StrategyPolicy QE7; Structure Plan Policy P59; Minerals Local Plan Policy M3; NorthShropshire District Local Plan Policies D1, L1 and L6).

13. Any facilities for the storage of oils, fuels or chemicals shall be sited on imperviousbases and surrounded by impervious bund walls. The volume of the bundedcompound shall be at least equivalent to the capacity of the tank plus 10%. If thereis multiple tankage, the compound shall be at least equivalent to the capacity of thelargest tank, vessel or the combined capacity of interconnected tanks or vessels plus10%. All filling points, associated pipework, vents, gauges and sight glasses mustbe located within the bund or have separate secondary containment. The drainagesystem of the bund shall be sealed with no discharge to any watercourse, land orunderground strata. Associated pipework shall be located above ground andprotected from accidental damage. All filling points and tank/vessels overflow pipeoutlets shall be detailed to discharge downwards into the bund.

Reason: To prevent pollution of the water environment (Regional Spatial StrategyPolicy QE9; Structure Plan Policy P59; Minerals Local Plan Policies M3 and M4;North Shropshire District Local Plan Policy D1).

14. If during development, contamination not previously identified, is found to be presentat the Site then no further development (unless otherwise agreed in writing with theLocal Planning Authority) shall be carried out until the developer has submitted, andobtained written approval from the Local Planning Authority, a Method Statement.The Method Statement must detail how this unsuspected contamination shall bedealt with. Thereafter development of the Site shall be carried out in accordancewith the approved Method Statement.

Reason: To ensure that the development complies with approved details in theinterests of protection of the water environment (Regional Spatial Strategy PolicyQE9; Structure Plan Policy P59; Minerals Local Plan Policies M3 and M4; NorthShropshire District Local Plan Policy D1).

15. Perimeter soil bunds shall not exceed 3 metres in height.

Reason: To minimise damage to soil structure during storage, and to protect visualamenity (Structure Plan Policies P58 and P59; Minerals Local Plan Policies M1, M3and M27; North Shropshire District Local Plan Policies D1, D2, D8 and L1).

16. Topsoil and subsoil shall only be stripped, formed into bunds, spread or otherwisehandled when in a dry and friable condition.

Reason: To prevent damage to soils by avoiding movement whilst soils are wet orexcessively moist (Structure Plan Policies P58 and P59; Minerals Local Plan PoliciesM1, M3 and M27; North Shropshire District Local Plan Policies D1 and L1).

17. Unless otherwise agreed in writing by the Local Planning Authority, no fencing shallbe erected at the Site other than Holly Green-coloured fencing to the dimensions andspecification as detailed on submitted drawing HH102 Drill Site Elevations Site 9SJ33 - PEDL 185 - Wrexham (Figure 6).

Reason: To protect the visual qualities of the surrounding area (Regional SpatialStrategy Policy QE6; Structure Plan Policies P58 & P59; Minerals Local Plan PoliciesM3 & M4; North Shropshire District Local Plan Policies D1, D2 and L1).

18. No existing hedgerow at the Site shall be cut down, topped, lopped, uprooted orremoved without the prior written agreement of the Local Planning Authority nor shallthey be wilfully damaged or destroyed.

Reason: To ensure that hedgerows in the area continue to contribute to thelandscape and visual character of the area (Regional Spatial Strategy Policies QE1& QE6; Structure Plan Policy P59; Minerals Local Plan Policies M3 and M4; NorthShropshire District Local Plan Policies D1, D2, D8, L1 and L6).

19. Unless otherwise agreed in writing by the Local Planning Authority, the developmenthereby permitted shall cease within 6 months of the Commencement Date, by whichtime all buildings, plant, equipment, structures and waste materials associated withthe development hereby permitted shall have been removed from the Site.

Reason: To ensure that temporary structures are removed from the Site within areasonable time period in the interests of visual amenity (Regional Spatial StrategyPolicy QE6; Structure Plan Policies P58 & P59; Minerals Local Plan Policies M3 &M4; North Shropshire District Local Plan Policies D1 and L1).

Informatives

1. If a great crested newt or bat is found on the Site then work should halt and NaturalEngland should be contacted for advice. Lighting from the site should be angleddownwards and in towards the rig. No lights should point outwards towardshedgerows or trees or up into the sky since these lights could disturb bats which maybe foraging in the area. Clearance of any areas of scrub or vegetation should occuroutside of the bird nesting season which runs from March to September inclusive. Ifan active bird nest is found within the working area then work must halt until thechicks have left the nest. If signs of any other badger setts are discovered on thesite then work should halt and Natural England should be contacted for advice.

2. Environment Agency guidance on the decommissioning of boreholes is available athttp://publications.environment-agency.gov.uk/epages/eapublications.storefront/4a6f11f801573478273fc0a802960676/Product/View/SCHO0499BEHE&2DE&2DE#

3. The applicant is advised to liaise with the Council's Divisional Surveyor regarding theimplementation of and contributions to the provision of passing places along theagreed traffic route.

4. Your attention is specifically drawn to the conditions above that require the LocalPlanning Authority's approval of materials, details, information, drawings etc. Inaccordance with Article 21 of the Town & Country Planning (General DevelopmentProcedure) Order 1995 a fee is required to be paid to the Local Planning Authorityfor requests to discharge conditions. Requests are to be made on forms availablefrom www.planningportal.gov.uk or from the Local Planning Authority. The fee to bepaid is £85 per request (or £25 where the related permission was for householderdevelopment). The fee is payable per request.

Failure to discharge pre-start conditions will result in a contravention of the terms ofthis permission; any commencement may be unlawful and the Local PlanningAuthority may consequently take enforcement action.