Decision details

A report was presented on the Secretary of State's decision to refuse the above application for the construction and operation of a site for drilling of up to four exploratory wells including hydraulic fracturing, testing and site restoration on land at Roseacre Wood near Elswick.

Members were reminded that the committee had refused planning permission for this development in 2015 on the grounds that it would generate an increase in traffic, particularly HGV movements, that would result in an unacceptable impact on the rural highway network and on existing road users, particularly vulnerable road users and a reduction in overall highway safety that would be severe.

This decision was the subject of an appeal which was determined by way of a public inquiry held in February and March 2016. Athough the Inspector at the Inquiry agreed with the council's decision, the then Secretary of State, ruled that he was “minded” to allow the appeal if the applicant could address concerns over highways safety. 

A second public inquiry into that single issue was re-opened in April 2018 and heard additional highway evidence. The county council maintained its opposition to the planning application on the basis that the revised traffic management proposals did not address the highway safety issues on the local road network. The Planning Inspector presiding over the Inquiry concurred with this view as did the Secretary of State who concluded that the highway impacts were such that overall, planning permission should be refused.

Members welcomed the decision and joined with the Chair in congratulating officers both past and present for recommending that the application be refused, a decision which had proved to be the right decision. Officers were also thanked for their part in preparing the council's case in respect of the two public inquiries.

In response to questions raised by committee members, the Officers advised that despite winning the appeal, the council would not be awarded its costs for the public inquiry as costs were awarded as a result of unreasonable behaviour and did not automatically follow a favourable decision.