Infrastructure Bill [Lords]

Debate between Lord Herbert of South Downs and Alan Whitehead

Monday 8th December 2014 Commons Chamber

[Nick Herbert]

Local authorities are clearly nervous. They fear that if they do not give planning permission in response to a speculative application—although their plans are in the process of being developed—if that is overturned by the planning inspector, costs will be awarded against them. They feel that there is no equality in the process.

I do not resile from the importance of providing a great deal more housing, because it is clearly needed. The issue is how that can best be provided. I think that the early adoption of neighbourhood plans by consent shows that, given power and responsibility, communities provide the necessary housing, while top-down intervention of the kind that Government Members have always criticised can undermine that provision.

The third issue that I want to raise relates to the proposals in part 5 of the Bill to provide access to subterranean land for the purpose of fracking. This is a live issue in my constituency. An application to drill in an area of beautiful countryside that is very close to a national park was turned down by West Sussex county council, but is the subject of an appeal by the company involved.

Two sets of issues related to fracking concern local communities, and I think that we should try to separate them. First, there are the environmental concerns about the impact of the activity that takes place below ground. As many Members on both sides of the House have said, those concerns need to be addressed by means of proper regulation and controls, and we should discuss the importance of ensuring that they are adequate.

Secondly, there are the issues that relate to what happens on the surface, and the choice of sites for drilling. In my constituency, the choice of sites has been crucial. Opposition to the drilling does not just come from communities who are concerned about the environmental impact below the ground. Rural communities fear that they will experience significant lorry movements through their villages—which they would not otherwise have experienced —over an extended period. Wise site location which minimises disruption to communities on the surface is a second way in which the industry could address much of the concern about these proposals.

We now have a specific proposal in this legislation on trespass, which seeks to deal with the land ownership issues. That comes against the background of great concern about the activity. It is true that members of the public have largely misheard the proposals so far. In my constituency, I fear that many people believe that the proposals will license invasion on the surface of their land by those who wish to drill, without them giving permission and without any of the regulatory controls which exist. The Government must continue to reassure local people that in fact these proposals relate to deep subterranean activity and do not change any of the requirements for permission to be given by a landowner as to whether they want drilling on their land, nor any of the regulatory requirements.

[Dr Whitehead]

rose—

[Nick Herbert]

I will give way in a moment

On the specific proposal for subterranean drilling, there is a question mark over the way in which compensation is to be given to landowners via some kind of community fund, and one of the issues that needs to be explored is whether the compensation should go directly to the landowners who are affected. I think that might be a better way to ensure there is confidence in this procedure. It has been proposed not only by the Country Land and Business Association but by one oil company, INEOS. I hope the Government will consider that proposal carefully as a means to ensure that communities and individuals are properly compensated for these activities.

In conclusion—