Agenda item

            The Committee was reminded that the former Department of the Environment had 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 Permitted Development) Order (Northern Ireland) 2015. The Council had issued a formal reply to the consultation in April, 2016 outlining a number of recommendations to be incorporated into any subsequent policy review.

            Subsequently, the Minister for Infrastructure, on 6th June, 2016, responded to a motion calling for the protection of Woodburn Forest, and announced that he intended to remove permitted development rights for petroleum (oil and gas) exploration.

            It was reported that this public consultation sought comments on the proposed removal of permitted development rights for petroleum exploration from Class A of Part 16 of the Schedule of the Planning (General Permitted Development) Order (Northern Ireland) 2015 (GPDO), in particular:

·        Petroleum exploration - Option 1 sought to remove permitted development rights for the drilling of boreholes for petroleum exploration including the drilling of boreholes preparatory to petroleum exploration. Option 2 afforded permitted development rights for the drilling of boreholes preparatory to petroleum exploration only; and

·        Minor amendments in respect of permitted development rights for all mineral exploration.

            The recommended response was set out in Appendix A (copy available on the Council’s website). The summary of the draft response was as follows:

·        Council agrees with the removal of the permitted development rights for the drilling of boreholes for petroleum exploration from Class A of Part 16 of the GPDO. This would ensure that any future proposals must be subject to a planning application, which would enable councils to fully assess any potential adverse impact on local communities, landscape quality, built and natural heritage, and the water environment.

·        Regarding the two options tabled by Department for Infrastructure, Council considers the latter to be the most appropriate. It still affords permitted development rights for the drilling of boreholes for preparatory exploration such as the carrying out groundwater monitoring, seismic monitoring and the location and appraising the conditions of mines. Both the Department for the Economy and the British Geological Society support this option and it was considered that such preparatory drilling for potential petroleum exploration would normally be no more intrusive than that for non-energy minerals, which would continue to be allowed under the permitted development rules. This would bring Northern Ireland into line with England, Scotland and Wales.

·        The introduction of a height restriction of 15 metres for any structure assembled or provided to Part 16 of the Schedule of the GPDO was welcome. Modern rigs used for the drilling of the boreholes typically range between 10 and 15 metres in height. This amendment would bring Northern Ireland into line with England, which recently changed the height restriction from 12 metres to 15 metres in April, 2016.

·        The extension of the time period from 21 to 28 days was considered an appropriate measure and it would allow councils more time to fully assess whether permitted development rights, under Part 16 of the Schedule to the GPDO, should be removed or restricted.

·        The review also proposed a technical amendment to introduce a ‘relevant period’ within Part 16 of the GPDO. This provided greater clarity regarding the timeframes where a direction had or hadn’t been issued under Article 7 of the GPDO and was welcomed by Council.

·        In summary, the proposed amendments to the legislation are welcomed. However, Council considers if Permitted Development was to be retained, there needs to be clear guidance in relation to the information requirements to enable planning authorities to effectively consider proposals.

            The Committee agreed that the response, as outlined in Appendix A (copy available on the Council’s website), be issued to the Department for Infrastructure on behalf of the Council.