Contact: Peter Chadwick, ext: 6728 email: peter.chadwick@hants,gov.uk

1. Summary

1.1 Planning permission is sought for the retention of the oil exploration site at Matterley Farm, near Itchen Abbas, for a further period and the drilling of two additional boreholes and continued testing and appraisal. The recommendation is to grant planning permission subject to conditions.

2. Site and Proposal

2.1 The site, as shown on the attached plan, is located on land off the A272 at Matterley Farm. The site is within the East Hampshire Area of Outstanding Natural Beauty (AONB) and the proposed South Downs National Park. There are no houses in the vicinity of the site. Planning permission was granted in January 2003 for an exploration well site and drilling a borehole. Having carried out the drilling last year, oil was discovered. Pentex Oil UK Limited, the applicant, now wish to retain the well site for two years to drill a further two boreholes and enable continued testing and appraisal.

2.2 The first stage would be construction of the well cellar and site preparation, which would take three to four days. This would be followed by bringing the drilling rig on site and its mobilisation. This would take two to three days. The drilling would be continuous for about four weeks. There would then be a short well testing period of several days. The drilling rig would then be demobilised, taking two to three days.

2.3 If successful, wellhead control valve assembly would be installed followed by a continued period of flow testing.

2.4 Access would continue to be from the A31, via the haul road which crosses and runs parallel to the South Downs Way to Matterley Dairy.

2.5 The main traffic movements, other than light vehicles, would be bringing on the drilling rig and associated equipment and removing oil brought to the surface for processing. The latter is anticipated to generate between
20 and 30 tankers per week.

3. Development Plan

3.1 Hampshire County Structure Plan (Review) (Adopted March 2000) Policy MW2 concerns mineral proposals, Policy MW2 concerns development within AONBs.

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted 17 December 1998) Policy 7 concerns proposals for mineral development, Policy 8 proposals in AONBs and Policy 30 proposals for oil exploration.

4. Consultations

4.1 Winchester City Council - comments awaited.

4.2 Environmental Health (Winchester City Council) raises no objection.

4.3 The Environment Agency raises no objection subject to conditions.

4.4 Itchen Valley Parish Council raises no objection.

4.5 Council for National Parks considers the application would have significant impacts on the surrounding countryside in terms of traffic and intrusion into the landscape. The site is within the designated South Downs National Park and as such its status is a material consideration in the determination of the application.

4.6 East Hampshire AONB Officer reiterate their objection to the proposal primarily based on the adverse impact on the South Downs Way. The continued use of the access track and further period of drilling will have an adverse effect on the tranquillity of the area and visual amenity of users of the South Downs Way. However if the County Council is minded to approve the application the following concerns need to be addressed;

(i) that the signs and hard surfacing are removed at the end of period;

(ii) working hours are strictly adhered to;

(iii) additional landscaping carried out; and

(iv) that construction and decommissioning of the site, in relation to lorry traffic, be restricted to weekdays only.

4.7 The Highways Adviser raises no objection.

5. Representations

5.1 Councillor Mrs Glasspool has been informed.

6. Chief Planning Adviser's Comments

6.1 In principle, proposals for temporary oil exploration are supported by policy. As with the original application the main issues are visual impact, impact for users of the South Downs Way, and the issue of the location within the AONB and proposed National Park.

6.2 The site is well screened by trees and landform. As with the previous application, the drilling rig itself will be visible over a wider area due to its height and need for lighting. However this would only be for the period of about four weeks during drilling and it is not considered to be intrusive.

6.3 The continued use of the site will have an impact for users of the South Downs Way because of the location and use of the access road, which runs alongside and crosses the bridleway. However the use would be for a restricted period. Traffic generated by the proposals is restricted and signs have been installed to prevent vehicles using the bridleway in error. The crossing point is kept in good condition.

6.4 The site is within the East Hampshire AONB and proposed South Downs National Park, which means there are special policy considerations. There is a recognised national need for oil exploration, as evidenced by the system of licensing by the Department of Trade and Industry. The application site is within Licence PEDL070. The site is well located to minimise visual impact, the operations on site have not given rise to complaint. The site has been engineered to prevent pollution.

6.5 If the exploration discovers commercial quantities of hydrocarbons then a new planning application would be required for any production facilities. Any consent for temporary oil exploration gives no precedent for a long term production facility being acceptable.

6.6 In conclusion, the site has been operated in a satisfactory manner minimising any adverse impacts. Further exploration is justified, following the success of the original borehole, and is supported by national need. Whilst there will be a continued disturbance for users of the South Downs Way, this is restricted and for a temporary period. Therefore the retention of the site for a further period, and drilling of two additional boreholes and testing is supported.

Recommendation

That planning permission in respect of temporary permission to drill two additional,

directional exploratory/appraisal wells including the testing, along with the continued testing of Avington B(2) exploratory well at Avington Exploration Site, Matterley Farm, Near Itchen Abbas, Winchester (03/02907/HCM) be granted permission for the following reason and subject to the following conditions.

Reason for Approval

It is considered that the proposal would be in accordance with the development plan (as summarised as attached) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

Time Limits

(1) The development hereby permitted must be commenced within a period of one year, beginning with the date on which this permission is granted. Oil exploration activity shall cease and the site restored in accordance with Condition (13) within two year's of operations commencing unless otherwise agreed in writing by the Minerals Planning Authority. The County Council shall be notified in writing of the commencement of operations within seven days.

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

Access and Highways

(2) The measures to be taken to prevent mud from vehicles leaving the site during the construction works being deposited on the public highway shall be retained for the duration of the construction period.

Reason: In the interests of highway safety.

(3) The approved provision made for the parking and turning on site of operative's and construction vehicles during the contract period shall be retained for the duration of the development.

Reason: In the interests of highway safety.

Hours of Working (Site Preparation)

(4) Construction work 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

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

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

Lighting

(6) 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

(7) 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.

(8) 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.

(9) 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 pipe work shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

Noise

(10) 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.

(11) The crossing points with public rights of way and signs warning lorry drivers of the presence of public rights of way shall be maintained for the duration of the development.

Reason: To safeguard public rights of way.

Restoration, After-care and After-use

(12) The site shall be restored to agriculture. Restoration in accordance with Condition (1) shall comprise:

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

(ii) capping and plugging of the borehole below ground; and

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

Reason: To ensure the satisfactory restoration of the site.

(13) 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.

(14) 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 (13).

Reason: To ensure the satisfactory restoration of the site.

Advice Note

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 AONB, for such proposals.

8505/PC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN REVIEW 1996 - 2011 (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.

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;

(iii) the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv) the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v) the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi) the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii) the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii) the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix) the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x) any potential danger to aircraft from birds being attracted to the site;

(xi) the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii) the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

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 with 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 of 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.