Underperforming councils to lose role in fast track process for shale gas applications

Local planning authorities considered 'under-performing' could be stripped of their role in determining oil and gas planning applications, ministers have said.

Councils are to be identified as ‘under-performing’ where they repeatedly fail to determine oil and gas applications within the 16-week statutory timeframe requirement, unless applicants have agreed to a longer period.

In such cases the Communities Secretary will consider whether he should determine the application instead.

The proposal is a part of what has been described as a “new, dedicated planning process” for fast-tracking shale gas planning applications.

Other measures announced by Energy Secretary Amber Rudd and Communities Secretary Greg Clark include:

• The Communities Secretary actively considering calling in on a case by case basis shale planning applications and considering recovering appeals;
• Adding shale applications as a specific criterion for recovery of appeals, “to ensure no application can ‘fall through the cracks’”. This new criterion will be added to the recovery policy issued on 30 June 2008 and will be applied for a period of two years after which it will be reviewed;
• Ensuring planning call ins and appeals involving shale applications are prioritised by the Planning Inspectorate; and
• Taking forward work on revising permitted development rights for drilling boreholes for groundwater monitoring.

A shale gas and oil policy statement issued today by the Department for Energy and Climate Change and the Department for Communities and Local Government can be viewed here.

The Government said it expected local planning authorities to make “full use” of the funding available in 2015/16 through the £1.2m shale support programme.

The Government added that proposals for a new sovereign wealth fund – intended to allow communities hosting shale gas developments to share in the financial returns they generate – will be presented later this year.

Amber Rudd said: “We need more secure, home grown energy supplies – and shale gas must play a part in that.

“To ensure we get this industry up and running we can’t have a planning system that sees applications dragged out for months, or even years on end. Oversight by the Health and Safety Executive and the Environment Agency of shale developments makes our commitment to safety and the environment crystal clear. We now need, above all else, a system that delivers timely planning decisions and works effectively for local people and developers.”

Communities Secretary Greg Clark said: “There is huge potential right across the country for safe and sustainable use of shale gas, to provide a clean long term energy source and create British jobs and growth.

“People’s safety and the environment will remain paramount and communities will always be involved in planning applications but no one benefits from uncertainty caused by delays in planning decisions. By fast tracking any appropriate applications today’s changes will tackle potential hold ups in the system.”

The Government said that where planning applications for shale exploration developments take months “or even years” it could create uncertainty for communities and prevent the development of a “potentially vital national industry”.

It insisted that local communities would remain fully involved in planning decisions with any shale application.

Energy company Cuadrilla recently announced that it would appeal decisions taken by Lancashire County Council’s development control committee refusing two applications for temporary gas sites, as well as the committee's decision to impose conditions on a separate successful application for permission to carry out seismic monitoring.

The local authority is also facing a judicial review challenge from campaigners over the latter decision to grant permission at Roseacre Wood.