Agenda item

A report was presented on the variation of condition 14 of planning permission LCC/2014/0047 so that permitted noise limits during plugging and abandonment of the well and restoration are limited to 50dB(A) between 07.00 and 19.00 hrs when measured at the boundary of the nearest residential receptor at Becconsall Exploration Site, off Bonny Barn Road, Hundred End, Banks.

The report included details of fifteen 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.

The Officer reported orally that on Monday 27th February 2017, Members had received a presentation from Ribble Estuary Against Fracking (REAF). A summary of the presentation was set out in the Update Sheet circulated at the meeting (copy attached at Annex A to the Minute Book).

The Update Sheet also contained details of further representations submitted by REAF, the consultation responses received from the Environment Agency and the Health and Safety Executive and the advice from officers in response to the issues raised.

In relation to the conditions attached to the planning permission, the officer reported that the applicant had reviewed the proposed conditions and requested that the time limits for restoration in Condition 1 be 31st October 2017 rather than 31st August.

The Committee was advised that this change was considered acceptable – it would ensure that the site was restored prior to the bird over-wintering season and would still ensure that the site was restored earlier than required under the existing permission.

John Hodson, a local resident addressed the Committee and objected to the proposals. He reiterated the concerns set out in the committee report and in the REAF presentation in relation to the increase in noise levels and the impact on residential amenity, wildlife and the environment. Mr Hodson asked the Committee to defer consideration of the application until a full noise impact assessment had been undertaken. If however, the Committee was minded to approve the application, he asked that they consider imposing a noise limit level of 42dB as measured from the nearest residential property.

Helen Rimmer addressed the Committee on behalf of Friends of the Earth (FoE) and objected to the application for the following summarised reasons:

·  The site was unsuitable for shale gas exploration given its location in the Green Belt, its status as a Biological Heritage Site and relationship to the SPA.

·  The applicant has previously breached conditions related to time limits and this should be taken into consideration.

·  Insufficient consideration has been given to the proposed new working hours.

·  The application had been incorrectly advertised

·  The application should be deferred to allow for a further period of consultation with Natural England given the applicant's previous breach of conditions as this could have an impact on over-wintering birds and other wildlife. 

Officers responded to questions raised by the Committee in relation to the proposed duration of the works, the working hours and the noise levels. Officers also explained the implications should planning permission be refused.

Following further debate, it was Moved and Seconded that:

"Planning permission be granted, subject to amendments to conditions 1 and 6 as follows:-

1.  The works to plug and abandon the borehole and to restore the site in accordance with the requirements of condition 17 below shall not commence before 1^st April 2017 and shall be completed by 31^st August 2017.

Reason:  To ensure the plugging and abandonment of the borehole and  restoration of the site within a reasonable timescale in the interests of the visual amenities of the area and to conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local Plan and Policies GN3 and EN2 of the West Lancashire Local Plan 2012-2027

6.  No works associated with the plugging and abandonment of the borehole shall take place except between the hours of:

  07.30 to 18.30 Mondays to Fridays (except public holidays)

  07.30 to 13.00 Saturdays (except Public Holidays)

  Restoration works shall not take place except between the hours of:

07.30 to 18.30 Mondays to Fridays (except public holidays)

07.30 to 13.00 Saturdays

No delivery or removal of materials, plant or equipment, site development or site restoration works shall take place at any time on Sundays or public holidays.

This condition shall not apply to the carrying out of essential repairs to plant and equipment used on the site.

Reason:  In the interests of the amenities of the area and to conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local Plan."

On being put to the vote the Motion was Carriedwhereupon it was:

Resolved: That planning permission be granted as set out in the report to the Committee, subject to amendments to conditions 1 and 6 as follows:-

1.  The works to plug and abandon the borehole and to restore the site in accordance with the requirements of condition 17 below shall not commence before 1^st April 2017 and shall be completed by 31^st August 2017.

Reason:  To ensure the plugging and abandonment of the borehole and  restoration of the site within a reasonable timescale in the interests of the visual amenities of the area and to conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local Plan and Policies GN3 and EN2 of the West Lancashire Local Plan 2012-2027

6. No works associated with the plugging and abandonment of the borehole shall take place except between the hours of:

  07.30 to 18.30 Mondays to Fridays (except public holidays)

  07.30 to 13.00 Saturdays (except Public Holidays)

Restoration works shall not take place except between the hours of:

07.30 to 18.30 Mondays to Fridays (except public holidays)

07.30 to 13.00 Saturdays

No delivery or removal of materials, plant or equipment, site development or site restoration works shall take place at any time on Sundays or public holidays.

This condition shall not apply to the carrying out of essential repairs to plant and equipment used on the site.

Reason:  In the interests of the amenities of the area and to conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local Plan.