Agenda item

            The Committee considered the following report, together with the associated documents which had been published on the Council’s website:

“1.0  Purpose of Report or Summary of main Issues

1.1   This report seeks to provide the background on the Call for Evidence on Permitted Development Rights for Mineral Exploration and seek members’ approval for a Council response.

1.2    The Department of the Environment (DOE) has issued a ‘Call for Evidence’ to inform the future approach to Permitted Development Rights for Mineral Exploration as set out in Part 16 of the schedule to the Planning (General Development Order) Northern Ireland (2015).

1.3    The ‘Call for Evidence’ is to support the forthcoming review of the existing provisions on permitted development rights for mineral exploration and the balance between operational activity and environmental protection.

1.4    The closing date for submission is the 13th May 2016.  The proposed draft response is available on the Council’s website for consideration.

2.0   Recommendations

2.1   Members are asked to:

·        Consider the draft document, ‘Draft Council response to DoE’s Call for Evidence: Permitted Development Rights of Minerals Exploration’ and if appropriate approve its submission to the DoE as the Council’s response to the Call for Evidence. (copy available on the Council’s website)

3.0    Main report

         Key Issues

3.1    The aim of the call for evidence is part of a process of gathering the necessary information to inform the subsequent review of permitted development rights for mineral exploration.  It is in response to concerns raised from an elected member and seeks to gather information on the operation and impact of the permitted development rights which currently exist alongside up-to- date evidence on the social, environmental and economic impacts of exploratory development for minerals going forward.

3.2    Members may recall that there was a Notice of Motion on permitted development to conduct exploratory petroleum drilling at Woodburn Reservoir in Carrickfergus at the September Council meeting.  Council agreed to write to the Minister of Enterprise, Trade and Investment, the Minister of the Environment and Mid and East Antrim Council to review the decision to grant permitted development for exploratory drilling in Woodburn Forest and for the Minister of Environment to amend the law to ensure petroleum exploration required planning consent.  (Copy available on the Council’s website)

3.3    The response from DETI confirmed that whilst significant environmental information was provided by InfraStrata Plc as part of the license process a formal SEA was not deemed necessary at the time of issuing PL1/10 to the company. 

3.4    The Minister of Environment subsequently launched the ‘Call for Evidence’ on the review of Permitted Development Rights for Mineral Exploration to provide the opportunity to express views on the operation of the planning processes. The evidence will inform the Department’s understanding of the operation and impact of the existing permitted development rights set out in Part 16 of the Schedule to the Planning (General Permitted Development) Order (Northern Ireland) 2015 and provide the opportunity for the Council to provide views on whether the existing development rights for onshore oil and gas exploration needs to be modified or changed. 

3.5    The recommended response is set out (copy available on the Council’s website).  In summary, the key recommendations are that, if Permitted Development is to be retained, there needs to be clear guidance in relation to the notification process and information requirements to enable planning authorities to effectively consider proposals.

3.6    Finance and Resource Implications

         There is no resource implications associated with this report.

3.7    Asset and Other Implications

3.8    Equality or Good Relations Implications

         There are no relevant equality and good relations implications attached to this report.”

            The Committee approved the draft consultation response for submission to the Department of the Environment (DOE), with the addition that any final guidance should require that the DOE or relevant Planning Authority consult and give notice to neighbouring councils on such matters.