Contact: Peter Chadwick, ext 6728

1. Summary

1.1 Planning permission is sought for an oil exploration borehole at Matterly Farm near Winchester. The application is within the East Hampshire Area of Outstanding Natural Beauty (AONB) and proposed National Park. The recommendation is to grant planning permission, subject to conditions.

2. Site and Proposal

2.1 The site, illustrated on the attached plan, is located on land off the A272 at Matterly Farm. The site is on agricultural land within the East Hampshire AONB and the proposed National Park. There are no houses in the vicinity of the site.

2.2 The proposal is for an oil exploration borehole. This involves the development of a temporary well site, including a car park, totalling 1.35 hectares in area. It would be located 850 metres north of the A272. The proposed well site is in the corner of a field, currently arable, and adjoins an existing farm track. There are woodland belts to the north and west. The application is accompanied by an environmental review.

2.3 The development is planned to take place in three phases. The first phase would be the construction of the drill site and its associated access track (which would take about 10 weeks), the second phase is the mobilisation and placement of drilling equipment at the site and drilling operations (which would take about 5 weeks), the final phase would be the carrying out of a short-term test programme, dependent on the nature and extent of hydrocarbons (which would be for about 13 weeks). The application is for a temporary period of two years.

2.4 The site preparation work involves the stripping of topsoil which would be stored as a temporary screening bund. The site would be lined with a sodium bentonite layer to seal the site. This would be protected by a layer of sand, followed by a geotextile layer and final surfacing with crushed stone.

2.5 Following the site construction, the drilling rig and ancillary equipment would be brought on. The rig would be a maximum of 48 metres high. The ancillary equipment includes an office, laboratory, staff accommodation, and water and hydrocarbon storage tanks.

2.6 Access to the site would be from the A31. A haul road would be constructed to the existing lane at Matterly Dairy, which joins the A31 near Turnpike Cottage. The haul road would cross the South Downs Way and run parallel to it for about 320 metres. The original proposal was for a shorter haul road running south to the A272, however the application was amended following objections to the proposed access and use of the A272 on highway safety grounds.

2.7 In the interests of highway safety it is proposed to implement a traffic management scheme on the A31 for the period of heaviest traffic, which is mainly the delivery of stone for constructing the well site. In order to further minimise disturbance it is proposed to stockpile the stone so that deliveries will be over as short a period as possible.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review), Policy MW2 concerns mineral proposals, Policy MW3 concerns development within AONBs (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policy 7 concerns proposals for mineral development, Policy 8 proposals in AONBs and Policy 30 proposals for oil exploration (see attached appendix).

4. Consultations

4.1 Winchester City Council raises strong objection on the grounds that:

"1. The access which runs alongside the South Downs Way will cause noise and disturbance and be visually intrusive and will therefore adversely affect the amenity of users of the public right of way.

2. Insufficient information has been submitted to show that the period of most activity and disturbance has been scheduled for a period in the year when there are fewer people enjoying the amenity and tranquillity of the East Hampshire Area of Outstanding Natural Beauty.

3. On the basis of the limited information provided, it is considered that the lighting associated with the development will be visually intrusive in a sensitive countryside location which forms part of the East Hampshire Area of Outstanding Natural Beauty.

4. On the basis of the limited information provided it is considered that forming the access to the proposed site will adversely affect trees, hedgerows and flora and fauna, which form an important amenity and add to the character of the East Hampshire Area of Outstanding Natural Beauty."

4.2 Itchen Valley Parish Council raised three areas of concern:

(i) that the cumulative effect of permissions locally (ie Intech/NTL at Morn Hill, telecommunication masts, annual Homelands Festival and permanent track in Matterly Bowl) would permanently damage an area of high landscape value;

(ii) at access onto A272, traffic busy and fast moving and too close to Cheesefoot Head car park. Access should be relocated; and

(iii) about light pollution.

Comments on the revised access are awaited.

4.3 Itchen Stoke and Ovington Parish Council, as neighbouring parish - no comments received.

4.4 The County Council (Highways) raises no objection as this is a temporary operation, subject to a traffic management scheme for access to and from the A31, and a requirement for offsite highway works.

4.5 Environment Agency (Colden Common Office) raises no objection, subject to conditions to protect underlying ground water.

4.6 Winchester City Council's Environmental Health Officer has no adverse comments.

4.7 Department for Environment, Food and Rural Affairs (DEFRA) has no objection, subject to conditions concerning restoration and after-care.

4.8 The East Hampshire AONB Officer comments that the proposal constitutes a major development which should be assessed on grounds of national need. Main concern is the number of vehicular movements to and from the site associated with the construction and decommissioning period. Objection is raised to the proposed access route.

4.9 The amended proposal is contrary to AONB aims of protecting and enhancing wildlife, landscape and cultural features, and promoting the quiet informal enjoyment of the area. The South Downs Way is a National Trail and well used by walkers, cyclists and horse riders. The proposed access route will affect tranquillity for all users, and there are additional safety concerns for horse riders. There are also concerns about the impact of signs, impact on the surface where lorries cross, and the need for surfacing which would detract from the rural character of area. If minded to approve, it should be ensured that signs and surfacing are removed, working hours are strictly adhered to, the South Downs Way is kept reasonably smooth, unrutted and mud-free, and that lorry movements are restricted to weekdays only.

4.10 Council for National Parks considered that the proposal would have significant impacts on part of the AONB in terms of traffic movements, the intrusion of the drilling rig and associated works on the skyline, and the night-time illumination of the site. Therefore, tests for assessing major development proposals should apply, which require the rigorous sequential criteria of national need, alternatives and environmental impact, and whether exceptional circumstances can be demonstrated.

4.11 South Downs Way National Trail Officer objects to the application. The main concern is vehicle movements rather than works on-site. Vehicle movements, especially during construction and removal, are undesirably close to the South Downs Way. Whilst the area of impact is limited, the effect on users could be significant. Particular concern is that horses would be frightened by traffic. If minded to approve, hours of working should be strictly adhered to, construction and removal traffic should be weekdays only, and crossing points should be kept smooth, unrutted and mud-free.

5. Representation

5.1 The local Member, Councillor Mrs Glasspool, has been informed of the proposal.

6. Officer's Comments

6.1 In principle, proposals for temporary oil exploration boreholes are supported by policy. The issues are whether the detailed proposal is acceptable for the chosen location. There are no houses in the vicinity of the proposed drilling site. The main issues are visual impact (particularly important as the site is within the AONB and proposed South Downs National Park), traffic, and potential conflict with users of the South Downs Way.

6.2 The application site is located in a very sensitive location, being within the AONB and proposed South Downs National Park. The applicant has recognised this in the environmental review of alternative sites submitted with the application. The application site is well located in the corner of a field, with tree belts to the north and west. There is also the proposed bunding by using on-site soils and the site is concealed from distant views by the topography. Consequently, the lower level buildings, structures and storage will be screened from view. The drilling rig itself will be visible, but this is not considered an unacceptable visual impact.

6.3 The proposed exploration drilling would be a 24-hour-a-day operation; consequently, there is the need for lighting both the site and the drilling rig. The applicant states that the lighting would be restricted to that necessary for health and safety. However, for the operational period the site and drilling rig would be lit and visible. Further details of lighting have been received in response to Winchester City Council's comments. It is not considered that this visual impact would be unacceptable, as the operations would be for a relatively short period.

6.4 The proposed access is from the A31, then via the lane to Matterly Dairy and to the site by a haul road. Because this is a short term operation, subject to traffic management requirements on the A31, this route is acceptable in highway terms. The nearest houses are Turnpike Cottages, but these are set back from the lane and unlikely to be adversely affected, particularly as the use would be for a short period.

6.5 The proposed haul road crosses and runs parallel with the South Downs Way (and crosses the bridleway) before joining the lane at Matterly Dairy. Whilst in use, this would have an adverse impact for users of these rights of way, as described in the objection from the South Downs Way National Trail Officer. However, the disturbance would mainly be for a limited period whilst the site is constructed and when it is removed. The extent of this disturbance can further be limited by restricting lorry movements to weekdays only, so avoiding conflict with users of the rights of way at weekends (the busiest period). This has been accepted by the applicant, should consent be granted. On balance, it is considered that the disturbance will be for a short period and, subject to restrictions on time for lorry movements and ensuring the path is maintained in good condition, would not be unacceptable.

6.6 It should also be stressed that, if the exploration discovers commercial quantities of hydrocarbons, then a new planning application would be required for any production facilities. Any consent for a temporary exploration borehole gives no precedent for a long term production facility being acceptable.

6.7 In conclusion, it is recognised that the site is within the AONB and proposed National Park and their special policy circumstances have been taken into account. However, the site is well located and the proposal is for a temporary period to allow exploration. As such, the disturbance would be temporary and the main impact would be from lorry traffic affecting the South Downs Way, rather than the operations on the site itself. Although this latter impact is regrettable it is not a consideration that merits refusing permission for a short life exploratory oil borehole.

Recommendation

That planning permission for an oil exploration borehole at Matterly Farm, Itchen Valley (Application No. 0202134HCS W17981) be approved, subject to the following conditions:

Time

(1) The development hereby permitted must be commenced within a period of one year, beginning with the date on which this permission is granted.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

Access and Highways

(2) Details of measures to be taken to prevent mud from vehicles leaving the site during the construction works being deposited on the public highway shall be submitted to, and approved by, the Mineral Planning Authority in writing and fully implemented before the development commences. Such measures shall be retained for the duration of the construction period.

Reason: In the interests of highway safety.

(3) Details of provision to be made for the parking and turning on site of operatives' and construction vehicles during the contract period shall be submitted to, and approved by, the Mineral Planning Authority in writing and fully implemented before development commences. Such measures shall be retained for the duration of the development.

Reason: In the interests of highway safety.

(4) Prior to development commencing, details of improvements to the junction with the A31 and a traffic management scheme for use of the A31 shall be submitted to the Mineral Planning Authority for approval in writing. The details and scheme shall be implemented as approved for the limited period when the site is being established.

Reason: In the interests of highway safety.

(5) Prior to development commencing details of any stockpiling of stones or materials shall be submitted to the Mineral Planning Authority for approval in writing. The details shall be implemented as approved.

Reason: In the interests of local amenity.

Hours of Working (Site Preparation)

(6) Site preparation shall only be carried out between 0700 and 1800 hours Monday to Friday (except recognised public holidays) and between 0700 and 1300 hours on Saturday.

Reason: In the interests of local amenity.

Landscaping

(7) No soil storage, excavation or construction shall take place under the crown spread of any trees without the prior approval of the Mineral Planning Authority in writing.

Reason: In the interests of the amenities of the area.

Lighting

(8) Unless otherwise agreed in writing by the Mineral Planning Authority, lighting shall be as shown on drawing PEN/AV/17.

Reason: In the interests of local amenity.

Pollution Control

(9) No drilling works shall commence on site until details of the methods for disposing of liquids and solid wastes produced at the site, and the formulation of the mud which is likely to be used for drilling, are submitted to and approved in writing by the Mineral Planning Authority.

Reason: To prevent the risk of pollution.

(10) Any facilities for the storage of fuels shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

(11) The method of site construction and operation for the development in order to prevent pollution of underlying ground water shall be carried out in accordance with the scheme to be approved in writing by the Mineral Planning Authority prior to any development commencing.

Reason: To prevent pollution of ground water from spillages and leaks of product from oil exploration and extraction sites.

Noise Control

(12) Noise levels arising from drilling and work over operations shall not exceed an LAeq of 55dB, LA90 of 45dB and LA10 of 55dB between 0700 and 2200 hours, and an LAeq of 40dB, LA90 of 35dB and LA10 of 40dB between 2200 and 0700 hours when measured at the façade of the nearest noise sensitive dwelling.

Reason: In the interests of local amenity.

Public Rights of Way (including South Downs Way)

(13) Prior to development commencing, details of crossing points with public rights of way shall be submitted to the Mineral Planning Authority for approval in writing, and implemented. The details shall also include signs warning lorry drivers of the presence of public rights of way.

Reason: To safeguard public rights of way.

Restoration

(14) The site shall be restored within 12 months of the date on which development commences, unless otherwise agreed in writing by the Mineral Planning Authority. Restoration shall comprise:

(i) removal of all machinery, plant, buildings and structures, crushed rock, concrete structures, liners and haul roads; and

(ii) regrading and replacement of soil to original levels and reinstatement of the site to agriculture.

Reason: To ensure the satisfactory restoration of the site.

(15) Topsoil from the site shall be stripped and handled only when reasonably dry and friable. Before the topsoil is replaced and regraded, the site shall be thoroughly ripped to avoid compaction.

Reason: To ensure the satisfactory restoration of the site.

(16) After-care of the site shall take place for a period of five years in accordance with a detailed scheme to be agreed in writing by the Mineral Planning Authority, beginning when restoration is completed in accordance with condition (14) above.

Reason: To ensure the satisfactory restoration of the site.

Note to applicant: This permission is for exploration only and does not necessarily imply that the County Council would grant permission for development if oil is found. Such development would be subject to a further planning application which would be assessed on its merits, including the suitability of the site and environs, within the Area of Outstanding Natural Beauty, for such proposals.

7656/PC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2001 (REVIEW) (ADOPTED MARCH 2000)

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Policy MW3

Permission will not be granted for minerals and waste development which is likely to cause material harm to any of the following designated areas and sites:

The New Forest;

Areas of Outstanding Natural Beauty;

Special Areas of Conservation;

Special Protection Areas;

Wetlands of International Importance (Ramsar Sites);

Sites of Special Scientific Interest;

National Nature Reserves;

nationally important archaeological sites and monuments, whether scheduled or not, and their settings;

Conservation Areas;

Listed Buildings; and

Parks and Gardens of Special Historic Interest on English Heritage's National Register;

except where the mineral/waste planning authority considers that there is an overriding need for the development to take place in the public interest which outweighs the harm that would be caused, having regard to the level of protection given to the designation concerned in legislation or government guidance.

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i) the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii) the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

Policy 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.

Policy 30

The Mineral Planning Authorities will grant planning permission for operations for exploration for oil and natural gas, except within the New Forest Heritage Area, provided they are satisfied that:

(i) the proposed development is sited within the area of search at the location where it would have the least environmental impact; and

(ii) the proposed operations would not cause any permanent harm to the local environment or the nature conservation or archaeological interest of the area, or unduly affect the amenities of local residents or have any other unacceptable impact; and

(iii) the proposal provides for the restoration and subsequent aftercare of any land disturbed as a result of the operations, whether or not oil or gas is found.

Any permission granted for such operations will be without prejudice to the consideration of any further proposals for appraisal or production of oil or natural gas.