Mineral Planning Policy - North York Moors National Park

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 PDRs should not be withdrawn without very good reasons.In all cases the industry should fully discuss its proposals with the local planning authorities(LPAs) and statutory agencies.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.