Mineral Planning Policy - North York Moors National Park

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7. Financial and Staffing Implications7.1 There are a number of financial implications associated with producing a mineralsplan, relating particularly to producing the evidence base and, perhaps mostsignificantly, the Examination. Although a detailed costing exercise has not beenundertaken (it is not possible to calculate exact costs at this stage), it is highly likelythat the financial costs of producing a joint plan would be lower than the costs ofproducing an individual plan due to the opportunity to share the costs of Examination.Should the Authority wish to produce an individual plan, it may also be necessary to‘buy in’ minerals expertise. Provision for undertaking the initial stages of planpreparation will need to be made within the budget for 2013/14.7.2 In terms of staffing implications, it is considered that the requirements relating toproducing a joint plan can be met via the existing staff resource in the Policy team. Asmentioned above, should a Park-wide plan be pursued it may be necessary to sourceminerals expertise from elsewhere.8. Sustainability Appraisal8.1 This report relates to a process issue in respect of addressing gaps in current policy.Sustainability Appraisal would form part of the process of producing a plan.9. Legal Implications9.1 In relation to the adoption of Annex 4 of Minerals Policy Statement 1, whilst officersbelieve that this is best approach to take to address the issue, there is no certaintyover the level of weight an Inspector may attach to it.9.2 Any plan would be produced in accordance with the Town and Country Planning(Local Planning) (England) Regulations 2012 and other relevant legislation. There isprovision within the 2004 Planning and Compulsory Purchase Act to produce a jointplan.10. Recommendation10.1 That Members note the implications of the NPPF and the proposed RSS revocation forminerals policies10.2 That Members adopt the Planning Advice Note contained in Appendix 1 as an interimstatement of policy on oil and gas developments10.2 That Members agree to the production of a minerals plan, and agree whether this shouldbe an Authority-wide plan only or a joint minerals and waste plan with North YorkshireCounty Council and the City of York Council (subject to the formal agreement of theseauthorities).Contact Officer:Andrea McMillanPlanning Policy Officer01439 772700Minerals Planning Policy/6
Appendix 1Planning Advice Note – Oil and gas exploration, appraisal and productionIn place of a specific policy relating to proposals for oil and gas exploration, appraisal andproduction, the North York Moors Core Strategy and Development Policies contains areference, in paragraph 6.31, to Annex 4 of the now-deleted Minerals Policy Statement 1 1 .Paragraph 6.31 states:‘Proposals for oil and gas exploration, appraisal and production will be considered againstthe policy in Annex 4 of Minerals Policy Statement 1’.The relevant parts of Annex 4 of MPS1 are paragraphs 3.3 to 3.19.It is considered that, as it is specifically stated as the policy approach in the adopted CoreStrategy and Development Policies and in the absence of any other specific policies, it islogical to continue to use these parts of Annex 4. These policies will be considered inconjunction with other relevant policies contained in the Core Strategy and DevelopmentPolicies and the policies in the National Planning Policy Framework, including the MajorDevelopment Test where relevant.The relevant parts of Annex 4 of MPS1 2 are set out below:ExplorationExploration encompasses a range of activities, including geological mapping, geophysical(seismic) investigations, and the drilling and investigation of wells and boreholes to assessprospects in more detail.Seismic investigationsSeismic investigations generally have very limited environmental effects. Vibroseistechniques are often regarded as de minimis, since the investigations are transient. Whereseismic surveys constitute development within the terms of the Town and Country PlanningAct 1990 (“the 1990 Act”), permitted development rights (PDRs) are available under theTown and Country Planning (General Permitted Development) Order 1995 (GPDO), subjectto certain conditions. PDRs should not be withdrawn without very good reasons.In all cases the industry should fully discuss its proposals with the local planning authorities(LPAs) and statutory agencies. MPAs and highway authorities should be informed of theintended route for the survey, and prior notification given to residents on the immediatesurvey route. In two-tier planning areas, where county councils are the MPAs, operatorsshould also ensure that district councils are aware of the intended investigations, and theircommencement dates. In the case of vibroseis surveys using the road network, operatorsshould inform the police of the route and anticipated timing of their operations. MPAs shouldalert operators to particularly sensitive historic buildings and sites that may be affected.Routes and survey timings should be designed to ensure the protection of habitats andwildlife. Statutory bodies should be consulted as early as possible as part of this processDrillingPart 22 of Schedule 2 to the GPDO gives PDRs in respect of certain exploratory operationsundertaken with a view to the exploitation of a mineral, subject in certain cases to thedeveloper giving 28 days notice to the MPA. However, development consisting of the drillingof wells for COG exploration is explicitly excluded, and an application for planning permissionmust be made to the MPA.1 Minerals Planning Statement 1: Planning and Minerals (Communities and Local Government, 2006)2 Please note that this text is a direct copy of paragraphs 3.3 to 3.19 of Annex A to MPS1 and may thereforecontain some references which are factually out of date.
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Mineral Planning Policy - North York Moors National Park

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