Permitted Development and Shale Gas Exploration

Clive Betts Excerpts

Thursday 28th March 2019 Commons Chamber

[Mr Clive Betts (Sheffield South East) (Lab)]

I am pleased to follow the hon. Member for Thirsk and Malton (Kevin Hollinrake), my fellow member of the Housing, Communities and Local Government Committee. Our Committee produced a report that focused not on whether fracking was good or bad per se, but on whether the planning guidance was right, and whether local communities had any real say and could address the impact of fracking through the planning system. As the hon. Gentleman said, we concluded that proposals on NSIP and permitted development were totally wrong. They are completely contrary to the localism agenda that the Government set out in the Localism Act 2011. During the Bill’s passage, the then Secretary of State talked of

“a ground-breaking shift in power to councils and communities”.

It appears from these proposals that that has gone into reverse.

In coming out against the proposal on permitted development, the Committee said that because of

“the contentious nature of fracking”—

which has already been demonstrated by a number of speakers—and the impact on local communities, those communities

“should be able to have a say in whether this type of development takes place”.

That, I think, is fundamental. Communities should not be excluded from the process.

It was very different when the Government introduced planning regulations on onshore wind. They said then that in order for a proposal to go ahead, it must be demonstrated that the planning impacts identified by affected local communities had been fully addressed and that the proposal therefore had their backing. So communities can veto proposals on onshore wind, but they can have no say in exploratory applications for the purpose of fracking.

As for NSIP, when we asked, “Why do the Government want to make these changes?”, the only answer that we received was, “Councils are probably delaying the consideration of applications.” We had plenty of evidence to show that that was not true, and that NSIP would not speed up the process at all. Indeed, we heard from Lancashire, where there had been complaints about the process taking a long time, that regulation 22 had had to be used four times, and the consultation had had to be paused and then started again because of extra information that the applicant had had to provide in response to questions from the public. There was no deliberate delay on the council’s part; the delay was part of the proper consultation and consideration.

The Minister took up his role after the consultation had started, and he never looks very comfortable when this matter is being discussed. I suspect that he is coming at it with a new eye; I hope that that is the case. I ask him to listen and to take account of the weight of opinion across the House, among his hon. Friends as well as Labour Members, and to conclude that whatever the merits of fracking per se, these two proposals are a row-back from the localism and the democratic agenda that we ought to be pursuing but are abandoning now.

--- Later in debate ---

[The Minister for Housing (Kit Malthouse)]

I congratulate the hon. Member for Bath (Wera Hobhouse) on securing this debate, which I will call “shale 2”, as it is a repeat of the Westminster Hall debate promoted by my hon. Friend the Member for North East Derbyshire (Lee Rowley). It is clear from today’s debate that passions remain as high on this subject as on that heady afternoon.

I know the hon. Lady was not trying to position herself as the sole custodian of our precious countryside. My party overwhelmingly represents the British countryside and recognises the precious nature of our green and pleasant land. As an unapologetic environmentalist myself, I share that view. Being genetically from Yorkshire—although I was brought up in the north-west and educated in the north-east—I also have the interests of the northern half of this country at heart. I now happily represent a part of the same bulge of chalk as my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) —I also have oil production that goes on unnoticed and uncomplained about by my constituents—so this is a matter of extreme importance to me.

I emphasise that no final decision has been made on whether to bring these proposals forward. The consultations have now closed and the Government are currently considering the representations made and will issue a response in due course. These consultations are part of a range of measures to make planning decisions faster and fairer for all those affected by new shale gas development and to ensure that local communities are fully involved in the planning decisions that affect them.

As right hon. and hon. Members will know, my remit as Housing Minister in relation to shale gas development is focused on planning policy and delivering the related manifesto commitments. Given that hon. Members have raised matters beyond my remit, including energy policy and reported seismic events, I will refer those matters to the Minister for Energy and Clean Growth, my right hon. Friend the Member for Devizes (Claire Perry), for a response.

[Mr Betts]

The Minister has talked about having faster applications. Can he explain how precisely that would be done in a way that allows communities to be fully consulted? Furthermore, as I understand it, the Government have done no impact assessment on their proposals. Does he intend to do one at any stage?

[Kit Malthouse]

I will come to those exact issues, if the esteemed Chair of the Select Committee will give me a moment.

In summer 2018, we consulted on whether permitted development rights should be expanded to include shale gas exploration development, including the circumstances in which this might be appropriate. I would like to make it clear that any potential permitted development right granted for shale gas exploration would not apply to hydraulic-fracturing operations or the production stage of shale gas extraction.

I should also emphasise that any permitted development right would cover only the planning aspects of the development and would not remove requirements under other regulatory regimes from the three regulators: the Environment Agency, the Health and Safety Executive and the Oil and Gas Authority. It is important to note that all permitted development rights contain specific exemptions, conditions and restrictions to control and mitigate the impact of the development and to protect local amenity, and any potential permitted development right for shale gas exploration would be no exception.

A right could include things such as limits on the height of any structure, areas where a permitted development right would not apply and noise and operation controls. The consultation sought views on this.