The government publishes its response to the consultation relating to shale gas exploration …

The government has published the following response to the consultation titled "Permitted development for shale gas exploration - Consultation" (which ran for 14 weeks from 19/07/2018 until 25/10/2018):

  • November 2019: Government response to the permitted development for shale gas exploration consultation (pdf) (link).

Notes:

  • The "Foreword" at the start of the above response document includes the following information:
    - "The Permitted development for shale gas exploration consultation sought views on the principle of whether non-hydraulic fracturing shale gas exploration development should be granted planning permission nationally through a permitted development right, and in particular the circumstances in which it would be appropriate to do so.".
    - "The consultation covered the following areas:
    >>> Whether to introduce a permitted development right for non-hydraulic fracturing shale gas exploration development
    >>> Definition of non-hydraulic fracturing shale gas exploration
    >>> Development not permitted
    >>> Development conditions and restrictions
    >>> Prior approval
    >>> Whether any permitted development right should be time-limited or permanent
    >>> Public sector equality duty"
    .
  • The "Government response to Questions 1-6" section within the above response document includes the following information:
    - "It is our view that while there could be considerable merit in taking forward these proposals in the future, the sector in the UK is at too early a stage in its development to properly assess the impact of the measures or their ability to deliver changes suitable for the future potential planning needs of industry. The consultation has also identified that there is little consensus on what the measures would look like or the degree to which they would be worthwhile currently. As such, the Government has decided not to take forward the proposals for any changes to permitted development rights for non-hydraulic fracturing shale gas exploratory development at this time.".
    - "We will continue to assess the development of the industry and the effectiveness of the planning regime. If necessary, we will consult further on possible changes, at a later date.".
    - "It should be noted that the Government has made clear in a separate Written Statement that on the basis of the current scientific evidence, and in the absence of compelling new evidence, it has taken a presumption against issuing any further Hydraulic Fracturing Consents. While future applications will be considered on their own merits by the Secretary of State in accordance with the law, the shale gas industry should take the Government’s position into account when considering new developments.".
  • Note: The above "Written Statement" is available here.

Other sources of information:

  • March 2015: Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration - Technical Consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • August 2015: Government press release - "Faster decision making on shale gas for economic growth and energy security" (link).
  • August 2015: Guidance - "About shale gas and hydraulic fracturing (fracking)" (link).
  • August 2015: Policy paper - "Shale gas and oil policy statement by DECC and DCLG" (link).
  • August 2015: Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration - Government response to the consultation and Invitation for views on further amendments to permitted development rights for petroleum exploration site investigation and monitoring (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • February 2016: Letter from DCLG to Chief Planning Officers (of MPAs) about shale gas applications (pdf) (link).
  • December 2015: Further amendments to permitted development rights for petroleum exploration site investigation and monitoring - Government response to the consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • March 2016: Explanatory Memorandum to SI 2016 No. 331 and SI 2016 No. 332 (pdf) (link).
  • April 2016: SI 2016 No. 332 - The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • July 2018: Permitted development for shale gas exploration - Consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • October 2018: Compulsory community pre-application consultation for shale gas development (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • November 2019: Written statement to Parliament by Andrea Leadsom MP (link).
  • November 2019: Government response to the compulsory community pre-application consultation for shale gas development consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.