DEVELOPMENT CONTROL AND REGULATION COMMITTEE

29 August 2012

A Report by the Assistant Director - Planning & Sustainability

_____________________________________________________________________

Application No: 6/12/9005 District: Barrow

Applicant: Nautical Petroleum PLC

Berkeley Square

London London

Parish: N/A

Received: 10 February 2012

PROPOSAL Siting and Development of a Temporary Borehole, including access

track and ancillary infrastructure, for the exploration, testing and

evaluation of Hydrocarbons in the Merrow Prospect

Land off Mawflat Lane, South of Biggar Village, Walney Island, Barrow-

in-Furness, Cumbria

_____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission is Granted for the reasons stated in Appendix 1 and

subject to the conditions in Appendix 2.

2.0 THE PROPOSAL

2.1 The Merrow Prospect is a potential hydrocarbon field to the west of Walney

island. There is a large target area which contains several ‘sweet spots’ where

the potential for hydrocarbon reserves are highest. In order to investigate the

potential of the field the applicants are seeking permission for the development

of an exploratory well site on Walney Island and the use of directional drilling

techniques to test these potential reserves.

2.2 The proposal is to construct a temporary well site within an enclosed compound

to drill an exploratory borehole. Should hydrocarbons be encountered,

preliminary short term testing would be undertaken in no more than 4 days to

assess economic viability. Should no hydrocarbons be encountered or upon

completion of the drill stem testing, all structures, buildings and enclosures

would be removed and the site restored

2.3 The proposed development consists of the following works:

a) site clearance and removal of top soil. Temporary screening bunds on

the southern and western boundaries of the well site compound to store

excavated topsoil and subsoil up to 4m in height

b) temporary access track to be constructed by utilising the existing farm

access track from the junction with Mawflat Lane and a new access road

constructed using crushed stone from therein with temporary bunding

along the southern boundary of the track, up to 1.5m in height

c) a drilling rig at 35m high and ancillary drilling equipment for construction

of an exploratory borehole including tool push cabin, toolhouse,

generators and fuel tank, matting boards, blow-out preventers and

manifold

d) staff car park to provide 15 spaces within the compound but outside of the

drilling area

e) concrete chamber sunk into the ground acting as a Cellar to include large

diameter pipework as a starting point for drilling

f) purpose built tanks for the storage of semi-dry drilling mud and rock

cuttings

g) external lighting to drill rig including rig floor, mud tanks and pumps,

catwalk, doghouse and site cabins

h) on site water storage tankers and a portable skip for on-site refuse

collection

i) erection of 7 portable cabins providing temporary office accommodation

and essential 24-hour staff living accommodation and laboratories

j) noise attenuation and dust control procedures will operate on site

including effective silencers and damping down runways as the weather

dictates

. The duration of the temporary development is programmed to last approximately

20 weeks.

2.4 The following supporting documents were submitted with the application:

A Geology, Flood Risk and Pollution Control Assessment

Traffic and Transport Assessment

Noise and Lighting Assessments

Landscape and Visual Impact Assessment

Ecological Phase 1 Habitat Survey

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Barrow Borough Council states that their records show that the proposed drilling

site is within the Outer Zone of a major pipeline (North Morecambe Terminal

Trunk) that requires consultation with the Health and Safety Executive.

Assuming the HSE agree to the proposed site, the local authority has no

objection to the proposal, provided adequate conditions are imposed to

control/prevent pollution, where appropriate, and to ensure the site is fully

restored.

3.2 The Environment Agency have no objection subject to a condition to protect

groundwater. They also advise that under the Water Resources Act the

developer needs to give the Environment Agency advance notice of intent to drill

a mineral investigation borehole including a method statement to demonstrate

the means by which groundwater pollution and uncontrolled transfer of fluids

between aquifer horizons and/or the surface will be prevented. Consent is also

required to develop a water abstraction borehole if it is intended to abstract more

than 20 cubic metres of water per day, discharges of effluent into a soakaway or

watercourse may require a formal Discharge Consent, any waste excavation

material or building waste generated in the course of the development must be

disposed of satisfactorily and in accordance with the Environmental Protection

Act and the construction of the access track may require an exemption or permit.

3.3 Regarding flood risk they state that the applicant should be fully aware of the

flood risk and frequency at this location and any impact this may have on their

proposals and advise that a formative be included on any consent.

3.4 Natural England state that the proposal lies close to South Walney and Piel

Channel Flats Site of Special Scientific Interest (SSSI) and Morecambe Bay

Special Protection Area (SPA), Special Area of Conservation (SAC) and

Ramsar. Having assessed the submitted information they are satisfied that the

proposal does not represent a significant risk to the overwintering bird

population associated with the designated sites by reason of its location, scale

and temporary nature. They advise that an Assessment of Likely Significant

Effect under the Habitats Regulations is not required.

3.5 The bird breeding season should be avoided if at all possible. However if it is

impossible to do this, because of the availability of the rig, then vegetation

clearance work and site preparation (including the access track and

hardstanding area for the drill rig) must all take place outside of the breeding

season in order to minimise the impact on birds and make the site relatively

unattractive to them for breeding. Suitable ecological checks should also be

made prior to drilling, if it takes place during the breeding season. They

welcome the statement in the application that ‘all site clearance operations will

take place outside of the bird breeding season and… be carried out between

September to February’. Furthermore, it states that if it is ‘necessary to

undertake any activities between mid may and late August, the site will be

checked by our ecologist for the presence of nesting birds’. This is in line with

the Ecology Report recommendations which also address the need to consider

birds throughout the working period.

3.6 They are satisfied that protected species have been adequately considered

within the Ecology Report. They are also satisfied with the working pollution

prevention measures outlined in the Planning Statement and concur with the

recommendations in the Ecology Report that an emergency procedure is

developed with Natural England for spillages that could threaten the designated

wildlife sites.

3.7 Regarding site reinstatement they note that the Ecology Report states that the

grassland should be restored on conclusion of the works with species that are

appropriate for periodic inundation. They recommend that the Ecology Report

for site reinstatement is made a condition of any planning consent with a more

detailed reinstatement programme agreed with the LPA prior to commencement

of the works.

3.8 The Health and Safety Executive (HSE) do not advise, on safety grounds,

against the granting of planning permission in this case. As the proposed

development is within the Consultation Distance of a major hazard pipeline they

recommend contacting the pipeline operator before deciding the case.

3.9 Centrica Energy (Hydrocarbon Resources Limited) originally objected to the

proposal as they were concerned regarding the proximity of the proposed

wellsite to the Morecambe gas field and two gas pipelines exporting gas from its

Morecambe bay gas field and the terminal in Barrow. Following lengthy

discussions between Centrica and the applicants they have agreed a condition

for a scheme to protect the gas pipelines to be submitted and agreed prior to

development commencing and have removed their objection.

3.10 Electricity North West comment that the development is shown to be adjacent to

or affect their operational land or electricity distribution assets. Where the

development is adjacent to operational land the applicant must ensure that the

development does not encroach over either the land or any ancillary rights of

access or cable easements. If planning permission is granted the applicant

should verify such details by contacting Electricity North West.

3.11 The Highway Authority have no objections and recommend conditions relating

to visibility splays, resurfacing of the existing access onto Mawflat Lane prior to

completion of the development, a Traffic management Plan and provision of

parking and vehicle turning facilities during constructions works.

3.12 The local Member Walney South - Mr D Marcus has been notified.

3.13 The applicants carried out a programme of public engagement prior to the

submission of the planning application. A brochure was prepared and

distributed to local residents to inform them about the proposal and was sent out

in February 2011 to local stakeholders and approximately 5,000 households as

a supplement in the local newspaper. The applicants also prepared a website

which will continue to run throughout the duration of the project. Following the

distribution of the brochure a number of responses were received from local

residents, businesses and local environmental and community organisations.

From the responses received there were no objections to the proposals. The

primary responses related to the current status of the application and

environmental studies, land ownership and requests to be kept updated about

the progress of the planning application and the findings of the exploration tests.

3.14 No representations have been received to the planning application.

4.0 PLANNING ASSESSMENT

Policy context

4.1 The National Planning Policy Framework (March 2012) sets out the overall

policy approach to minerals planning. It states that minerals are essential to

support sustainable economic growth and our quality of life. It is therefore

important that there is a sufficient supply of material to provide the infrastructure,

buildings, energy and goods that the country needs. However, since minerals

are a finite natural resource, and can only be worked where they are found, it is

important to make best use of them to secure their long term conservation.

4.2 Conventional oil development broadly consists of three phases – exploration,

appraisal and production. Each phase requires a separate planning permission

and there should be no presumption in favour of consent for subsequent stages

if an earlier stage is permitted. Nor should possible effects of a later stage not

yet applied for constitute grounds for refusal at an earlier state.

4.3 The Cumbria Minerals and Waste Development Framework (CMWDF) core

strategy seeks to make provision for a steady and adequate supply of minerals,

in accordance with national and regional policies, to balance the economic

potential of its mineral resources with the protection of the environment, and with

prudent use of them in environmentally sensitive ways and make provision to

enhance the scope for using alternative re-used or recycled materials.

4.4 CMWDF Core Strategy policy 18 states that planning permission will be granted

for proposals associated with the exploration and development of onshore and

offshore oil and gas and coal bed methane in appropriate locations, and which

do not have unacceptable environmental impacts.

4.5 The generic development control policies set out the detailed criteria for

assessing planning applications. Policy DC7 sets out the criteria for ‘energy

minerals’ where proposals for energy minerals developments, which conform to

the Core Strategy, will be granted where proposals for appraisal, drilling and

testing or for development of oil and gas or coal bed methane are consistent

with an appropriate scheme for the appraisal of the resource.

4.6 Barrow in Furness Local Plan was adopted in 2001 and will, in due course, be

superseded by the Barrow in Furness Local Development Framework (LDF).

Policy D1 relates to development in the countryside and states that the

Borough’s countryside will be safeguarded for its own sake and non-renewable

and natural resources afforded protection. Development will be permitted in the

countryside only where there is a demonstrable need that cannot be met

elsewhere. Where necessary development is permitted any adverse effect on

the rural character of the surroundings should be minimised subject to the

development’s operational requirements.

Site selection

4.7 Under the provisions of the Petroleum Licensing (Exploration and Production)

(Seaward and Landward Areas) Regulations 2004, the Secretary of State for the

Department of Energy and Climate Change (DECC) has designated an area of

Irish Sea off shore from Walney as Production Licence which grants the

exclusive rights to ‘search, bore for and get petroleum’ within the boundaries of

the licence.

4.8 The Irish Sea Basin has long been an area for hydrocarbon exploration with

extensive seismic data obtained and wells drilled throughout the region. A

network of surface pipelines lead to three existing gas processing terminals at

Rampside, North Morecambe and South Morecambe.

4.9 It is proposed to drill the well from an onshore location, despite the prospect

being located within the Irish Sea Basin, because the waters above the prospect

are too shallow to accommodate a drill rig and the ancillary infrastructure.

Moreover the target prospect is in such proximity to the shore that an onshore

well site is considered to be more efficient and less visually intrusive than an

offshore drill rig in proximity to the shoreline.

4.10 If hydrocarbons are found this could result in another application which would

seek to take the site into production. This is likely to involve works to the land

and out at sea although they may be able to utilise one of the existing pipelines

and processing facilities in the area.

Site surroundings

4.11 The site of the proposed temporary drill rig is located to the south of the hamlet

of Biggar in south Walney. A temporary access road is proposed using an

existing field access off Mawflat Lane.

4.12 Much of the area surrounding the proposed site is rural with agricultural land

breaking up the beaches to the west and the marshland to the east. Public car

parks are located approximately 1.3km and 1.1km to the north west and south-

east of the proposed site. Seaview Riding School is located about 1km north

and uses many of the smaller roads and tracks in the local area.

Impact on Residential Amenity

4.13 The hamlet of Biggar is located approximately 1km to the north of the proposed

drill rig site and the nearest residential property (School House) is 915m away.

To the south of the site are farms and South End bungalow (2,250m) and

caravan site. The principal impacts on residential amenity from the installation

and the operation of the drill will be noise, impact of traffic on the local highway

and visual impact.

4.14 Drilling is expected to take place over a period of a few weeks only although a

two year consent is being applied for to take into account the availability of the

drilling rig, site assembly, disassembly and reinstatement of the site. A noise

survey was submitted with the application to establish existing ambient noise

levels in Biggar. Since drilling will continue 24 hours a day, seven days a week,

noise problems are generally more likely to occur at night than during the

daytime, not least because daytime background noise is considerably greater.

The predicted levels at night will not exceed the current levels of background

noise on a calm night, although a slight increase in the overall noise level may

be measurable. However, the levels would fall within the NPPF night-time noise

limit of 42dB. It is recommended that a condition is imposed to set appropriate

noise limits for daytime and night-time working.

Traffic Impact

4.15 Vehicular access to the proposed site at Walney will be via the A590 that passes

to the north and west of Barrow in Furness and crosses onto Walney Island at

Jubilee Bridge. The access route follows the A590 south towards Tummer Hill

and then turns south for 2km along Carr Lane through Biggar and then 1km

further south along Mawflat Lane to the site entrance opposite Creephaw marsh.

4.16 Heaviest traffic flows would occur during construction which will require 3 or 4

articulated low-loaders for soil excavation and 428 loads of crushed stone to be

delivered which over a six week period would equate to approximately 17

deliveries a day.

4.17 The Highway Authority have no objections but have requested that a Traffic

Management Plan is submitted for construction traffic including location of

temporary warning signs to ensure highway safety is maintained. The applicants

have agreed to a condition which would avoid peak times for HGV construction

delivery ie from 09.30 – 15.00 only. This should avoid potential conflict with

other road users particularly on Jubilee Bridge at peak times.

Landscape and Visual Impact

4.18 The main visual impacts of the development would be the drilling rig which

would be lit at night and would be 35m in height. The local landscape of south

Walney is considered to be of medium sensitivity to the proposed drill rig,

reflecting its openness and relative lack of development. The rig would add to

the range of vertical features already present locally, including telegraph poles,

masts and more distantly, off-shore wind turbines. At close range, within 2km or

so of the site the visual impacts would be significant over the short term period

of 2 months whilst the drill is operational.

4.19 The drill compound would be constructed within improved farmland. With

respect to landscape fabric, there would be a loss of grass cover to allow the

construction of the compound and approximately 470m of new access track

(4.5m wide with passing places). The impacts would be temporary and fully

reversible as soils removed to build the well site would be used to restore the

site and access road back to agricultural use.

4.20 A small area of the access track off Mawflatt Lane falls within part of a larger

parcel of land registered as Common Land. The proposed works to surface the

existing access are temporary and reversible and will not impede access to the

Common Land. However there is a separate procedure for works on Common

Land and it is recommended that the applicant is informed that they may need to

apply to the Planning Inspectorate for this element of the works.

Impacts on Nature Conservation

4.21 The site lies close to South Walney and Piel Channel Flats SSSI and

Morecambe Bay Special Protection Area (SPA), Special Area of Conservation

(SAC) and Ramsar (wetlands of international importance). A habitat survey was

submitted with the application which assessed the impact of the proposal on the

designated sites.

4.22 The main impacts would be associated with the overwintering bird populations

and Natural England are satisfied that the proposal does not represent a

significant risk to the overwintering bird population associated with the

designated sites and the bird breeding season (typically March – August) should

be avoided if at all possible. However they advise that if it is impossible to do

this, because of the availability of the rig, then vegetation clearance work and

site preparation (including the access track and hardstanding area for the drill

rig) must all take place outside of the breeding season in order to minimise the

impact on birds and make the site relatively unattractive to them for breeding.

This can be secured by appropriate conditions along with emergency

procedures for spillages that may threaten the designated wildlife sites.

Flood Risk and Pollution Control

4.23 The site is located within the indicative tidal flood plain, the area of which is

based on the approximate extent of floods with a 0.5% annual probability of

occurrence. As the site falls within a high risk flood zone the applicants have

submitted a Flood Risk Assessment (FRA) with the application.

4.24 During the site construction and drilling phases, the applicants would arrange for

an Environment Agency warning to be issues if a flood is forecast so personnel

can make the site safe and then move off-site if necessary. In the event of a

surprise flood event, isolating the site from the higher ground to the north,

personnel on site would have to move south to higher ground using Rakes Lane

as the means of access. This provision would only be necessary in the extreme

case of communications failing to work and access along Mawflat Lane being

prevented.

4.25 The site would be constructed with a water tight membrane that is normally used

to provide containment in landfill sites. This membrane would be continued into

the ditches and up over the retaining bunds that would encircle the site. This

system would provide a complete containment for all potential contaminants and

its capacity would be set to contain a hypothetical situation where oil were to

flow uncontrolled from the wellhead at the rate of 50 barrels/day for thirty days

(57,000 gallons).

4.26 The lined ditches around the site would be designed to accommodate the

rainwater runoff from the site equivalent to that from a 1:100 year storm. The

accumulated water would be used either in the drilling process or taken off site

in a sealed tanker.

4.27 Regarding air quality the mud logging unit used when drilling would be equiped

with gas detectors and would continually monitor levels of gas components.

Other potential emissions would be those from diesel exhausts from the

generators powering the rig, vehicle exhausts and venting/flaring from any

possible extended well testing. Such emissions would be negligible in terms of

pollution to the atmosphere in view of the exposed nature of the site.

4.28 The potential threat of pollution to water and air would be satisfactorily mitigated

against by site design, good working practices and proposed conditions. The

Environment Agency has no objections subject to a condition to protect

groundwater.

Impact on Morecambe Bay Gas Field

4.29 Morecambe Bay has a productive gas field and Centrica have been exporting

gas from its Morecambe offshore gas production facilities to its nearby Barrow

Terminal for a number of years. Two gas pipelines are in the vicinity of the

proposed drilling area.

4.30 The applicants state that the proposed drilling would be approximately 300m

north of the existing pipeline and outside of any maintenance or safety

easements either side of the pipeline. The Health and Safety Executive have not

raised any concerns.

4.31 Centrica and the applicants have agreed a condition (number ….) which would

enable a scheme to be submitted which would satisfy Centrica that their assets

would be protected. The offshore element of the proposal will be subject to

further consents from DECC (Department of Energy and Climate Change) and

the Marine Management Organisation.

Human Rights Act 1998

4.32 The proposal will have a limited impact on the visual amenity of the area /

residential amenities in the area / environmental amenity of the area. The

impacts will be for a temporary period and following removal of the drill and

ancillary equipment the land will be reinstated to its former use. Any impacts on

the rights of local property owners to a private and family life and peaceful

enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal

and proportionate to the wider social and economic interests of the community.

Conclusion

4.33 A licence has been granted to by the Department of Energy and Climate Change

to search petroleum in the Merrow Prospect just off shore from Walney Island.

Planning guidance and policies support the exploration of onshore/offshore oil

and gas which do not have an unacceptable environmental impact.

4.34 If hydrocarbons are found this could result in another application to take the site

into production or, depending on what is found, existing pipelines and

processing facilities in the area may be utilized. However by granting planning

permission for this exploration stage there would be no presumption in favour of

consent for subsequent stages which would be considered on their own merit.

4.35 The access to the drill site is located a short distance to the south of Biggar

although the drill site itself is in a relatively isolated location which should ensure

that impacts on residential amenity are minimised. Conditions are

recommended which would ensure that environmental impacts are satisfactorily

controlled and it is recommended that temporary consent is granted following

which the land would be reinstated to its former use.

Paul Feehily

Assistant Director - Planning & Sustainability

Contact

Mrs Jane Corry, Kendal,

Tel: 01539 713414,

Email: jane.corry@cumbria.gov.uk

Background Papers

Planning Application File Reference No. 6/12/9005

Electoral Division Identification

Walney South ED - Mr D Marcus

Appendix 1

Ref No. 6/12/9005

Development Control and Regulation Committee – 29 August 2012

THE TOWN AND COUNTRY PLANNING

(DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

Summary of Reasons for Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country

Planning Acts, in the context of national and regional planning policy guidance

and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council

before granting permission were as follows:

Cumbria Minerals and Waste Development Framework (CMWDF)

Core Strategy (CS) 2009-2020

Policy CS 18 – Oil and Gas and Coal Bed Methane

Planning permission will be granted for proposals associated with the

exploration and development of onshore and offshore oil and gas and coal bed

methane in appropriate locations, and which do not have unacceptable

environmental impacts.

Cumbria Minerals and Waste Development Framework (CMWDF)

Generic Development Control Policies (GDCP) 2009-2020

Policy DC 2 – General Criteria

Minerals and Waste proposals must, where appropriate, demonstrate that:

a. noise levels, blast vibration and air over-pressure levels would be within

acceptable limits,

b. there will be no significant degradation of air quality (from dust and

emissions),

c. public rights of way or concessionary paths are not adversely affected, or if

this is not possible, either temporary or permanent alternative provision is

made,

d. carbon emissions from buildings, plant and transport have been minimised,

e. issues of ground stability have been addressed.

Considerations will include:

the proximity of sensitive receptors, including impacts on surrounding land

uses, and protected species,

how residual and/or mineral wastes will be managed,

the extent to which adverse effects can be controlled through sensitive

siting and design, or visual or acoustic screening,

the use of appropriate and well maintained and managed equipment,

phasing and duration of working,

progressive restoration,

hours of operations,

appropriate routes and volumes of traffic, and

other mitigation measures.

Policy DC 7 - Criteria for Energy Minerals

Planning permission will be granted for energy minerals developments that

conform to the Core Strategy where proposals:

a. for appraisal, drilling and testing or for development of oil and gas or coal

bed methane are consistent with an appropriate scheme for the appraisal of

the resource,

…

Saved Policies of Cumbria & Lake District Joint Structure Plan 2001-2016

Policy ST 4 – Major Development Proposals

Major development will only be permitted where:

1. the total benefit clearly outweighs the total detrimental effects,

2. the proposal complies with national standards and best practice for

environment, safety and security, and where appropriate is independently

reviewed; and

3. alternative locations and methods giving rise to less harm have been fully

considered and rejected.

Permission will be granted only on condition that:

I. all possible measures are taken to minimise the adverse effects of

development and associated infrastructure, and where appropriate,

II. provision is made to meet local community needs,

III. acceptable measures are secured for decommissioning and site restoration

IV. arrangements are made for suitable local community involvement during the

development, decommissioning and restoration.

For the purposes of this policy ‘major development’ is defined as development

that has significant environmental effects and is more than local in character.

Barrow Local Plan 1996-2006 (Saved Policies Thereof)

Policy D1 – Landscape Conservation – The Countryside in General

The Borough’s countryside will be safeguarded for its own sake and non-

renewable and natural resources afforded protection. Development will be

permitted in the countryside only where there is a demonstrable need that

cannot be met elsewhere. Where necessary development is permitted any

adverse effect on the rural character of the surroundings should be minimised

subject to the development’s operational requirements.

3 In summary, the reasons for granting permission are that the County Council is

of the opinion that the proposed development is in accordance with the

development plan, there are no material considerations that indicate the

decision should be made otherwise and with the planning conditions included in

the notice of planning consent, any harm would reasonably by mitigated.

Furthermore, any potential harm to interests of acknowledged importance is

likely to be negligible and would be outweighed by the benefits of the

development.

Appendix 2

Ref No. 6/12/9005

Development Control and Regulation Committee – 29 August 2012

Proposed Conditions

Time Limits

1. The development hereby permitted shall be for a limited period only expiring

on 31 September 2014 by which time the drill rig, buildings, plant, hard

surfacing, access road and other structures hereby permitted shall be removed

and the site reinstated in accordance with the agreed scheme by 1 April 2015

or such other date agreed with the Local Planning Authority.

Reason: This is a temporary consent for the exploration of hydrocarbons following

which the land will be reinstated.

Approved Documents

2. The development shall be carried out strictly in accordance with the approved

documents, hereinafter referred to as the approved scheme. The approved

scheme shall comprise the following:

a. The submitted Application Form – dated 9 February 2012

b. Planning Statement dated February 2012

c. Ecological Phase 1 Habitat Survey

d. Landscape and Visual Impact Assessment

e. Noise Assessment

f. Lighting Assessment

g. Traffic and Transport Assessment

h. Geology, Flood Risk and Pollution Control Assessment

i. Plans numbered:

i) 2947 01 B Site Location Plan

ii) 2947 06 Site Entrance

iii) 2947 07 and 08 A Proposed site layout

iv) 2947 09 A Proposed Lighting Layout

v) 2947 10 Proposed Site Sections

vi) 2947 11 B Proposed sightlines and details

vii) 2947 12 Traffic Route Plan

j. The details or schemes approved in relation to conditions attached to

this permission.

k. This Decision Notice

Reason: To ensure the development is carried out to an approved appropriate

standard and to avoid confusion as to what comprises the approved

scheme.

Protection of ground water

3. No development shall take place until a scheme setting out how drilling

operations will take place in such a way as to prevent the transfer of fluids

between different geological formations, and to prevent uncontrolled discharge

of groundwater to surface, has been submitted to and approved in writing by

the Local Planning Authority. All subsequent development shall be completed

in accordance with these approved details.

Reason: To protect water resources from derogation or pollution.

Nature Conservation

4. No development shall take place until an emergency procedure, in relation to

spillages that could threaten the designated wildlife sites, shall be submitted to

and approved by the Local Planning Authority.

Reason: To protect the South Walney and Piel Channel Flats SSSI and the

Morecambe Bay SPA and Ramsar sites.

5. No development shall take place until a scheme for the reinstatement of the

site, as outlined in the Phase 1 Habitat Survey dated February 2012, has been

submitted to and approved by the Local Planning Authority.

Reason: To ensure a satisfactory reinstatement scheme and, where appropriate,

to enhance habitat diversity.

6. All site clearance, development and restoration operations shall take place

outside of the bird breeding season and should be carried out between

September to February. If it is necessary to undertake any activities between

mid May and late August, the site should be checked by an ecologist for the

presence of nesting birds prior to any works taking place.

Reason: To ensure appropriate protection for breeding birds under Section 1 of

the Wildlife and Countryside Act 1981.

Visibility Splays

7. The development shall not commence until the following visibility splays are

provided:

a) 2.4m x 215m onto Mawflat Lane

b) 2.4m x 23m at the junction of the temporary access track and the

un-named road off Mawflat Lane (adopted highway)

c) 2.4m x 23m at the juncrtion of the temporary access track and

Rakes Lanes adopted highway)

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any Order revoking and re-enacting

that Order) relating to permitted development, no structure, vehicle or object of

any kind shall be erected, parked or placed and no trees, bushes or other

plants shall be planted or be permitted to grow within the visibility splay which

obstruct the visibility splays. The visibility splays shall be constructed before

general development of the site commences so that construction traffic is

safeguarded.

Reason: In the interests of highway safety.

Resurfacing of the existing access onto Mawflat Lane

8. The existing access onto Mawflat Lane shall be resurfaced prior to completion

of the development to a specification to be agreed with the Local Planning

Authority in consultation with the Highway Authority.

Reason: In the interests of highway safety and to repair damage caused during

the construction period.

Traffic Management Plan

9. No development shall take place until a Traffic Management Plan for

construction traffic shall be submitted to and approved by the Local Planning

Authority. The plan should include details and location of temporary warning

signs on Mawflat Lane, the un-named road off Mawflat Lane, Rakes Lane and

the temporary access track. When approved the Plan shall be implemented in

its entirety during the construction period.

Reason: In the interests of highway safety.

Parking and Vehicle Turning facilities during construction works

10. Prior to development commencing a plan shall be submitted to, and approved

by, the local planning authority reserving adequate land for the parking and

turning of vehicles engaged in construction operations associated with the

development hereby approved. That land, including vehicular access thereto,

shall be used for or be kept available for these purposes at all times until

completion of the construction works. The access and park/turning

requirements shall be completely met before any building work commences on

site so that constructional traffic can park and turn clear of the highway.

Reason: The carrying out of this development without the provision of these

facilities during the construction work is likely to lead to inconvenience

and danger to road users.

Deliveries to site

11. There shall be no HGV deliveries to the site outside the following hours:

0930 to 1500 Monday to Sundays

However, this condition shall not operate so as to prevent the carrying out,

outside these hours, of essential maintenance of plant and machinery used on

site.

Reason: To protect the amenities of local residents in accordance with MWDF

policy DC2

Control of Dust

12. The operator shall maintain on site at all times a water bowser, or other dust

suppression system, together with an adequate supply of water and during

periods of dry weather shall spray the access road, haul roads, plant and hard

surfaces to satisfactorily suppress dust so that it does not constitute a

nuisance outside the site.

Reason: To prevent dust from the development having an unacceptable impact on

the amenity of local residents or the environment in accordance with

MWDF Policy DC2

Control of Noise

13. The noise from the development must not exceed 42 dB LAeq, 1h free field at

any noise sensitive receptor between the hours:

22.00 – 07.00 Monday to Sunday

Should the Local Planning Authority receive and notify the operator of a

complaint, there shall be an investigation carried out and submitted in writing

to the Local Planning Authority within 7 working days of notification. The

investigation shall identify the machinery and operations occurring at the time

of the complaint and shall propose mitigation measures to prevent

reoccurrence. Such mitigation will be implemented on a timescale to be

agreed in writing with the Local Planning Authority. Should further complaint

about the same operations be received, the operator shall arrange for an

instrumented monitoring of the activity to inform further mitigation proposals.

Reason: To ensure amenity is protected in accordance with MWDF Policy DC2

Access and Traffic

14. All vehicles leaving the site shall do so in a condition that ensures no slurry,

mud or other material which could cause a hazard to other road users is

deposited upon the public highway

Reason: To prevent vehicles carrying material on to the public highway in the

interests of highway safety

Control of Artificial Lighting

15. All artificial lighting units installed on the site shall be so sited and shielded so

as to prevent light pollution to residential areas and to the night sky. If lighting

is required along the access track it should be established so that it is only

turned on for traffic moving along the access track and then immediately

turned off.

Reason: To prevent light pollution and to minimise impact on wildlife.

Archaeology

16. No development shall commence within the site until the applicant has

secured the implementation of a programme of archaeological work in

accordance with a written scheme of investigation which has been submitted

by the applicant and approved by the Planning Authority.

This written scheme will include the following components:

i) An archaeological evaluation;

ii) An archaeological recording programme the scope of which will be

dependant upon the results of the evaluation;

iii) Where appropriate, a post-excavation assessment and analysis,

preparation of a site archive ready for deposition at a store approved

by the Planning Authority, completion of an archive report, and

submission of the results for publication in a suitable journal.

Reason: To afford reasonable opportunity for an examination to be made to

determine the existence of any remains of archaeological interest within

the site and for the preservation, examination or recording of such

remains.

Morecambe Gas Field

17. No development shall commence until a scheme to protect the operation of the

North Morecambe Terminal gas pipelines has been submitted to and approved

in writing by the Local Planning Authority (in consultation with Hydrocarbon

Resources Limited). When approved the scheme shall be implemented in full

for the duration of the development.

Reason: To ensure the development does not have an adverse impact on the

integrity and safe operation of pipelines exporting gas from the

Morecambe Bay gasfields to North Morecambe Gas Terminal.

Presence of Permission and Approved Scheme on site

18. A copy of this permission including the approved documents and other

documents subsequently approved in accordance with this permission, shall

be available on site for inspection during normal working hours. Their

existence and content shall be made known to all operatives likely to be

affected by matters covered by them

Reason: To ensure that those operating the site are conversant with the approved

scheme and are aware of the requirement of the planning permission.

INFORMATIVES

Notice required for mineral boreholes

The Water Resources Act 1991 Section 199 requires that the developer gives the

Environment Agency advance notice of intent to drill a mineral investigation borehole.

These details may be supplied near the date of commencement, but early submission

is advised in case the Environment Agency deems it necessary to serve a

Conservation Notice in respect of protecting specified local water resources against

derogation. The information required for the purpose of a Section 199 notice to the

Environment Agency as follows:

1) Surface Location (and basal location at depth if this differs), expressed as and

address and National Grid reference of proposed boring.

2) Proposed depth and diameter of boring.

3) Details of any anticipated groundwater abstraction that may be involved.

4) Proposed date of commencement and duration of the works.

5) Anticipated geological sequence to be penetrated, and a statement of the target

horizon(s).

6) A brief method statement to demonstrate the means by which groundwater

pollution and uncontrolled transfer of fluids between aquifer horizons and/or the

surface will be prevented. This should also include details of proposed drilling

fluids if it is proposed to use anything other than air or clean water.

Consent to develop a water abstraction borehole

If you intend to abstract more than 20 cubic metres of water per day from a surface

water source (e.g. stream or drain) or from underground strata (via borehole or well) for

any particular purpose they you will need an abstraction licence from the Environment

Agency. If this is necessary please contact your local officer Jon Turner on

07990776702 to discuss the options available to you. There is no guarantee that a

licence will be granted as this is dependent on available water resources and existing

protected rights.

Discharges from the development

Discharges of effluent, into a soakaway or watercourse, may require a formal

Discharge Consent granted by the Environment Agency. (This would include waste

drilling fluids, de-watering discharges, contaminated surface water or foul effluent etc)

A formal Consent to Discharge is not required for the discharge of clean,

uncontaminated surface water.

Waste on Site

Any waste excavation material or building waste generated in the course of the

development must be disposed of satisfactorily and in accordance with section 34 of

the Environmental Protection Act 1990.

The construction of the access track may require an exemption or permit dependant

upon the type and quantity of material being used.

Flood Risk

Where practicable cabins etc should be located on the highest ground available within

the site.

Permeable surfacing should be used for the access track where practicable to Minimise

any surface water run-off and the applicant should ensure that flood risk is not

increased elsewhere as a result of any works.

Any works affecting the flow of a watercourse (such as culverted crossing for access)

requires Flood Defence Consent. The applicant should allow up to 2 months for

determination of such consent.

The site is located in an area where Environment Agency Flood Warnings are

available. The Environment Agency would recommend that the applicant signs up to

this service for the duration of the works.

Highways

The applicant should be made aware that they need to obtain a Section 184 permit

prior to undertaking any works in the adopted highway (noting Mawflat Lane, Rakes

Lane and the un-named road off Mawflat Lane are all adopted highways). An

application form can be obtained by contacting Margaret Brownell on 01229 407944.

Common Land

Part of the access track is on registered Common Land Proposed works on Common

Land may need approval from the Secretary of State through the Planning

Inspectorate, Bristol.

Electricity

Please contact Electricity North West, Estates and Wayleaves, Frederick Road,

Salford, Manchester, M6 6QH in regard to operational land or electricity distribution

assets which may be impacted by this development.

The applicant should be advised that great care should be taken at all times to protect

both the electrical apparatus and any personnel working in its vicinity.