Decision details

West Lancashire Borough: application number. LCC/2017/0064
Variation of condition 1 of planning permission LCC/2017/0016 to allow works to plug and abandon the borehole and to restore the site in accordance with condition 17 of permission LCC/201

Decision status: Recommendations approved

Is Key decision?: No

Decisions:

This item was considered after item 6 of the agenda.

 

County Councillor P Rigby left the room during consideration of this application as he had declared a pecuniary interest in the item.

 

A report was presented on an application for the variation of condition 1 of planning permission LCC/2017/0016 to allow works to plug and abandon the borehole and to restore the site in accordance with condition 17 of permission LCC/2017/0016 to be undertaken between 1st April 2018 and 31st October 2018 at Becconsall Exploration Site, off Bonny Barn Road, Hundred End, Banks.

 

The report included the views of West Lancashire Borough Council, Sefton Metropolitan Borough Council, the Environment Agency, the County Council's Specialist Advisor (Ecology) and details of 3 letters of representation received.

 

The Development Management Officer presented a PowerPoint presentation showing an aerial photograph of the site and the nearest residential properties. The Committee was also shown an illustration of the site layout plan and photographs of the site from various viewpoints.

 

Five members of the public including representatives of Ribble Estuary Against Fracking and Friends of the Earth addressed the Committee. They reiterated the objections set out in the committee report in relation to the extension of the time periods, the impact on residential amenity and the detriment to the green belt, Biological Heritage Site and the Ribble Estuary SPA / Ramsar site. It was maintained that restoration of the site had been delayed for too long; there was no need to further extend the restoration dates; and that enforcement action should be taken against the operator for failure to restore the site. It was also maintained that consultation should take place with Natural England relating to impacts on the Ribble Estuary SSSI, SPA and Ramsar site.

 

Following concerns raised by the Members, it was agreed that Officers would write to the applicant to advise that enforcement action would be taken if there was any further delay in restoring the site. In response to questions raised by the Members, Officers advised that it would inappropriate to request a Bond from the applicant to secure the restoration of the site or to ask the applicant to enter into a section 106 agreement. The Committee was reminded that Condition 1 of the proposed planning permission set out the timescales within which the applicant had to comply and that the Council could enforce any breach of that condition.

 

Following further debate and concerns raised with regard to the delay in restoring the site and the subsequent impact on residential amenity, landscape, agriculture and the Green Belt, it was Moved and Seconded that:

 

"The application be refused and the Council proceed to take enforcement action against the applicant".

 

On being put to the vote the amendment was Carried.

 

Following further debate, Members offered up the following reasons for refusal but agreed that the final wording should be delegated to the Officers:

 

"The existing conditions were imposed to provide for the completion and restoration of the site within a reasonable timescale in the interests of the visual amenities of the area and the amenities of local residents. This council consider 18 months a reasonable timescale. The reasonable timescale is imposed to conform with policy DM2 of the Joint Lancashire Minerals and Waste Plan and West Lancashire Local Plan policies. This reflects the importance and sensitivity of the site." 

 

The reasons for refusal were subsequently drawn up by the Officers to reflect the reasons put forward by Members of the Committee and are included in the Minutes for completeness as follows:

 

i)  'The postponement of the completion of site restoration until 31st October 2018 would result in the unnecessary retention of an industrial site in the countryside thereby having unacceptable impacts on landscape and the openness of the Green Belt contrary to Policy GN3 of the West Lancashire Borough Local Plan and paragraphs 79 – 90 of the National Planning Policy Framework.

 

ii)  The delay in completing the restoration of the site would prevent best and most versatile land being restored to agricultural use at the earliest opportunity contrary to Policy EC2 of the West Lancashire Borough Local Plan'

 

Resolved: That the application be refused for following reasons:-

 

i)  The postponement of the completion of site restoration until 31st October 2018 would result in the unnecessary retention of an industrial site in the countryside thereby having unacceptable impacts on landscape and the openness of the Green Belt contrary to Policy GN3 of the West Lancashire Borough Local Plan and paragraphs 79 – 90 of the National Planning Policy Framework.

 

ii)  The delay in completing the restoration of the site would prevent best and most versatile land being restored to agricultural use at the earliest opportunity contrary to Policy EC2 of the West Lancashire Borough Local Plan.

 

Report author: Jonathan Haine

Date of decision: 25/10/2017

Decided at meeting: 25/10/2017 - Development Control Committee

Accompanying Documents: