Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

11 March 2009

Decision Title:

Applicant: Northern Petroleum (GB) Limited

Temporary permission to construct a hydrocarbon exploration site, mobilisation of a drilling rig, setting up and the drilling of an exploratory well, including flow testing, permission to include new highway access, access track and passing places at Field Number 3815, Havant Exploration Site, off Hulbert Road, Leigh Park, Havant (Application No. 08/53384/002)
(County Council Ref: HV047)

Decision Reference:

629

Report From:

Head of Planning and Development, Environment Department

Contact name:

Katherine Snell

Tel:

01962 845938

Email:

[email protected]

EXECUTIVE SUMMARY

1) Background:

1.1. The site has been selected to explore for oil resources within the Havant area. This will involve the creation of an exploratory well and installation of a drilling rig, to drill the well and conduct flow testing. The proposal also includes a new highway access, access track and passing places. This application is for three years, and progress into any production operations would be dependent upon the nature and extent of any hydrocarbons (oil) encountered.

1.2. The prospect area has level ground, is at least 250 metres distance from the nearest houses, has no designations and could have suitable access.

1.3. Mitigation schemes provided and conditioned can ensure that adequate care is provided for the local landscape, ecology, traffic and amenity.

1.4. There will be separate consents and Regulation by the Health and Safety Executive (HSE), Department of Trade and Industry (DTI) and the Environment Agency (EA).

2) Issues:

2.1. The safety of turning into and out of Hulbert Road and potential congestion on the roundabout to the south have been raised as a concern. Details showing the safe navigation of the roundabout have been supplied and the access arrangements are agreed by the Highways Authority. As such, the proposal is in accordance with Policy DC6.

2.2. There is the potential for an adverse visual impact due to loss of trees and shrubs along Hulbert Road, which is a road designated in the Havant Borough District Local Plan as having special character. However, the site does not hold the qualities required for the designation, namely mature specimens and so the proposal is not in conflict with HE15 (Roads with special character) of Havant Borough District-Wide Local Plan. Measures to protect the wildlife are incorporated and a high quality restoration scheme to include the access road is conditioned. Therefore, Policies,DC7 (Biodiversity) DC3 (Impact on Landscape and Townscape) are applicable. Furthermore, the proposal is for a temporary use of three years.

2.3. There have been two letters from local residents, one of objection in terms of traffic, noise and the other with a concern for potential subsidence. Whilst these objections have been noted, there has been no objection from the statutory authority consulted on these issues and the information supplied provides evidence that there will be no significant increases in noise or traffic.

3) Recommendations:

3.1. That planning permission in respect of temporary permission to construct a hydrocarbon exploration site, mobilisation of a drilling rig, setting up and drilling of an exploratory well, including flow testing, permission to include new highway access, access track and passing places at Field Number 3815, Havant Exploration Site, off Hulbert Road, Leigh Park, Havant (08/53384/002) be granted for the following reason, subject to the conditions in Appendix 1.

4) Reason for Decision:

4.1. It is considered that the proposal would be in accordance with Policy HE15 (Roads with special character) of Havant Borough District-Wide Local Plan and Policies DC3 (Impact on Landscape and Townscape) and DC12 (Restoration and Aftercare) of the Hampshire Minerals and Waste Core Strategy Development Plan (summary attached as Appendix 2) as it would not materially harm the character of the area. The development also safeguards protected species as in Policy DC7 (Biodiversity) and the amenity of local residents, as it would be acceptable in terms of highway safety and convenience - Policy DC6 (Highways).

4.2. The proposal will allow for oil exploration, a national resource in accordance with Policy DC19 (Oil and Gas).

1) Site and Proposal:

1.1. Temporary permission is sought to construct a hydrocarbon (oil) exploration site. This will involve the creation of an exploratory well and installation of a drilling rig to drill the well and conduct flow testing. The proposal also includes a new highway access, access track and passing places. This application is for three years and progress into any production operations would be dependent upon the nature and extent of any hydrocarbons encountered.

1.2. The site covers an area of approximately 1.45 hectares, including the exploratory drilling area and an access road. The site is within a field used for grazing and hay-making and sits between the A3(M) to the north-west and the B2150 (Hulbert Road) to the west. The settlement of Purbrook is approximately 250 metres to the west and Leigh Park is to the east.

1.3. The site is flanked on all sides by Sites of Importance for Nature Conservation (SINCs). To the north is Neville's Park West Wood and to the south is Hulbert Road Meadow. Beyond the road to the west is the Meadow adjacent to Johnston's Copse, and beyond the road to the east is the Neville's Park East Wood.

1.4. The existing field entrance is situated at the bend of Hulbert Road, approximately 55 metres north of the roundabout at the junction of Hulbert Road and Purbrook Way. A 20 metre wide opening in the hedgerow will be made to create a new access. The new access road would traverse a public sewer beneath the field and run parallel to the Neville's Park West Wood Site of Importance for Nature Conservation (SINC) and drop south along the A3(M) to reach the site.

1.5. The rig and equipment is situated within an area (approximately 55 metres by 70 metres) of approximately one hectare. The base for the well (5.6 metres by 11.2 metres) will be made of hardstanding on top of an impermeable membrane. The exact size and position may vary slightly dependent on the drilling rig available.

1.6. The proposal is separated into phases. The site and access road construction will take up to four weeks and the drilling rig up to four days. Drilling for oil will take three to four weeks and flow testing will take a minimum of two weeks.

1.7. The working hours for the site preparation and testing phase will be 07.00 to 18.00 Monday to Friday, 07.00 to 13.00 Saturday with no operations on Sunday or recognised public holidays. The drilling period would be operated 24 hours a day due to engineering and safety requirements.

1.8. If the exploration proves unsuccessful, the well will be plugged (approximately 1.5 metres below ground level) and `abandoned' in a safe state. The land will be restored to agriculture.

1.9. If the investigation is successful in terms of quantity and commercial quality, then further testing may be carried out. This could take a period of three to nine months using additional temporary equipment. Following this further testing, the operation of the well would be suspended with a well head control valve assembly installed (1- 2.5 metres above ground level) and all plant and machinery removed. Heras safety type fencing would be put in place around the well. Any additional wells for the production of oil would require separate planning consents.

1.10. In either case the abandonment/suspension of the well site would take approximately one week to remove site plant and equipment.

2) Development Plan:

2.1. Hampshire Minerals and Waste Core Strategy DPD 2007: Policy DC3 - Impact on Landscape and Townscape; Policy DC6 - Highways, Policy DC7 - Biodiversity, Policy DC19 - Oil and Gas and Policy DC12 - Restoration and Aftercare.

2.2. Havant Borough District-Wide Local Plan (adopted 2005): saved policies of relevance are UF1 Strategic Gaps (Havant) and HE15 Roads with Special Character.

3) Consultations:

3.1. Councillor Beagley has been informed and reserves comments.

3.2. Councillor McIntosh has been informed and reserves comments.

3.3. Councillor Buckley has concerns over the access and use of Hulbert Road for heavy traffic. The use of the roundabout to the south is also raised as a potential issue.

3.4. Councillor Edwards has no objection to the exploration proposal.

3.5. Havant Borough Council supports the development in principle but has concerns over the visual impact of the access road protection of ecology.

3.6. The Environmental Health Officer at Havant Borough Council has no comment.

3.7. Environment Agency has no objection subject to a surface and foul water drainage scheme and pollution prevention conditions.

3.8. Highways Agency has no objection subject to proximity, lighting and screening conditions.

3.9. Highway Authority has no objection subject to road access and verge side conditions.

3.10. Hampshire Fire and Rescue Service raises no objection subject to the access being suitable for emergency fire vehicles.

4) Representations:

4.1. There has been one letter of support for the proposal from a local resident.

4.2. There have been two letters of objection from local residents in terms of traffic, noise and potential subsidence.

4.3. Hampshire and Isle of Wight Wildlife Trust Limited comments it does not raise objection subject to the details of the Ecological Appraisal (2 February 2009) and the location and layout of the proposed access road and drill platform being carried out. Details of the lighting scheme should also be conditioned.

5) Commentary:

5.1. The issue of potential noise disturbance has been raised by local residents. However, noise survey information and results were supplied in the application and these identified no significant issues with the proposal in terms of noise generation in either day or night time operations. In particular, the anticipated noise levels at the two nearest houses have been measured against the mean night-time ambient noise and found to be -4 to +1dB. Furthermore, there has been no objection by the Environmental Health Officer on these grounds.

5.2. Concern has been raised over the local highway network and the proposed new access. Whilst accident data has revealed a large number of accidents at the roundabout at the junction of Hulbert Road and Purbrook Way, it is considered that the greater proportion of these accidents are due to driver error and not to unsafe highway arrangements. It is considered that the increase of traffic associated with the proposal will not result in the increase of the likelihood of accidents. Analysis by the Highways Authority of the `swept path' plans received that show an HGV can negotiate the roundabout at Hulbert Road and Purbrook Way appropriately.

5.3. In addition, a new access is proposed to allow through the large vehicles that would be entering and leaving the site, as the current access is not suitable for the size of vehicles proposed to be used. Passing, turning and parking areas will also be provided. Proposals to prevent a right turn out of and a right turn into the site are acceptable and will be conditioned.

5.4. The creation of this access will involve the clearance of a section of roadside hedgerow. It is noted that this road is designated to have a special character under the Local Plan. (These roads have a special character because of mature trees and shrubs.) However, this proposal is not thought to be of significant harm in this respect as the information provided shows the hedgerow is not of ancient origin nor does this section have very old individual trees and nor is it subject to hedgerow regulations. A comprehensive landscaping scheme will be conditioned to ensure appropriate planting and maintenance of the site after completion.

5.5. In terms of ecology, the issues of most concern are the protection of the adjacent SINCs and protected reptiles that use the site. Protected species such as slow-worms were surveyed and breeding birds also need to be considered. The application of mitigation measures is conditioned.

5.6. There are implications for ecology and amenity due to lighting at night during the drilling phase. The lighting will be predominately on the rig and will be of low intensity, facing in and directed downwards. The specific details are to be submitted for approval via condition when the rig specification is known. Similarly, there is a potential for gas flare during the testing phase. If so, each flaring would be for a period of about six hours during daylight.

5.7. In conclusion, it is considered that the proposal will not have a detrimental impact on the local landscape or environment. The development also safeguards protected species, the amenity of local residents and it would be acceptable in terms of highway safety and noise. Furthermore, the proposal will allow for oil exploration, a needed national resource.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

(NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

Document

Location

Temporary permission to construct a hydrocarbon exploration site, mobilisation of a drilling rig, setting up and the drilling of an exploratory well, including flow testing, permission to include new highway access, access track and passing places at Field Number 3815, Havant Exploration Site, Off Hulbert Road, Leigh Park, Havant (Application No. 08/53384/002)
(County Council Ref: HV047)

Environment Department
Castle Avenue
Room G, Lower Ground Floor

CONDITIONS:

Commencement:

1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

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

Timescale:

2) This permission shall be for a limited period only, expiring three years from the date of commencement of site construction, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, foundations and hard standings shall have been removed from the site and the site shall be restored in accordance with the details approved. The date of commencement shall be confirmed in writing to the Mineral Planning Authority.

Reason: To secure the satisfactory restoration of the site.

Hours of Working:

3) During construction and restoration phases, no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0700-1900 Monday to Friday and 0700-1400 on Saturday. There shall be no working on Sunday or recognised public holidays.

Reason: In the interests of local amenity.

4) During the operational phases (drilling and testing) no heavy goods vehicles shall enter or leave the site except between the following hours: 0700-1900 Monday to Friday and 0700-1400 on Saturday, unless otherwise agreed in writing by the Mineral Planning Authority or in the event of an emergency.

Reason: In the interests of local amenity.

Working Programme:

5) A working scheme shall be submitted to and approved in writing prior to the commencement of the development. Details of the drilling rig specifications, plant, equipment and buildings to be erected or placed on site and their position, size and colour should be included. The scheme shall be implemented as approved for the duration of the development.

Reason: In the interests of local amenity and ecology.

6) Prior notification of the date of commencement of development works for each of the following phases hereby approved shall be sent to the Mineral Planning Authority:

i) construction;

ii) drilling;

iii) testing; and

iv) restoration.

Reason: In the interests of amenity.

Protection of Water Environment:

7) Prior to commencement a surface water drainage scheme for the site shall be submitted to and approved in writing by the Mineral Planning Authority. The scheme shall be implemented as approved for the duration of the development.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, and to ensure future maintenance of the surface water drainage system.

8) Prior to commencement a scheme to dispose of foul drainage for the site shall be submitted to and approved in writing by the Mineral Planning Authority. The scheme shall be implemented as approved for the duration of the development.

Reason: To protect water quality and the local environment.

9) Any facilities for the storage of oils, fuels or chemicals 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.

Lighting:

10) Prior to the drilling phase commencing a lighting scheme shall be submitted and to the Mineral Planning Authority and approved in writing. The scheme shall be implemented as approved. The scheme shall include details of all outside lighting, including floodlighting, safety lighting and illumination from within the plant, and measures to prevent light pollution. There should be no lighting overspill towards trunk road land or the adjacent SINCs.

Reason: In the interests of visual highway safety, ecology and amenity.

11) Any gas flaring shall be conducted during day light, unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: In the interests of local amenity and ecology.

Nature Conservation:

12) All topsoil and subsoil shall be permanently retained on site and used in restoration, as detailed in sections 7 and 9.6 of the approved Ecological Appraisal (2 February 2009) and Appendix G of the supporting statement.

Reason: In the interests of ecology and to ensure a good standard of restoration.

13) All mitigation and enhancement measures recommended in the Ecological Appraisal (2 February 2009), in particular soil stripping, timing of vegetation removal and the Reptile Mitigation Scheme, shall be carried out in full in accordance with the approved details.

Reason: To protect the local ecology in accordance with the Wildlife and Countryside Act 1981.

Highways:

14) The drilling rig/bore hole should not be closer than 36 metres from the A3(M) carriageway.

Reason: To ensure the safety of the A3(M) is not compromised.

15) Screening vegetation should not be removed between the A3(M) and the site and/or access road unless agreed in writing by the Mineral Planning Authority.

Reason: To ensure the safety of the A3(M) is not compromised.

16) The temporary site access road (drawing NPL-001 Rev C) shall be removed within three months of cessation of the permitted operations. The highway verge shall reinstated in accordance with a landscaping scheme to be submitted to and approved in writing by the Mineral Planning Authority.

Reason: In the interests of highway safety and visual amenity.

17) Prior to commencement the site access arrangements as shown in principle on drawing NPL-001 Rev C, shall be submitted to and approved in writing by the Mineral Planning Authority.

Reason: In the interests of highway safety.

18) No operations shall commence on site until such time as the site access arrangements as shown in principle on drawing NPL-001 Rev have been completed to the written satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety.

19) Measures shall be taken to prevent mud and spoil from vehicles leaving the site being deposited on the public highway. These measures shall be implemented before the development commences and thereafter maintained. No vehicle shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried on to the public highway. In the event that any mud or spoil is deposited on the highway, it shall be cleaned off at the end of each working day.

Reason: In the interests of highway safety.

Fire Safety:

20) Throughout the period of drilling and testing hereby approves, fire water tanks shall remain on site filled and maintained to a standard adequate for fire fighting purposes. Such tanks shall be fitted with 45 millimetres instantaneous couplings for Fire Service Access.

Reason: In the interests of fire safety.

Restoration:

21) The site shall be restored to agriculture in accordance with the approved details (Appendix G, Site Restoration Plan).

Reason: To ensure satisfactory restoration.

After-Care:

22) After-care of the site shall take place for a period of five years in accordance with the approved details (Appendix G, Site Restoration Plan), beginning when restoration is completed in accordance with condition 21 above.

Reason: To ensure the satisfactory restoration of the site.

HAMPSHIRE MINERALS AND WASTE CORE STRATEGY DPD 2007

Policy DC3 - Impact on Landscape and Townscape

Minerals and waste development will only be permitted if due regard is given to the likely visual impact of the proposed development and its impact on, and the need to maintain and enhance, the distinctive character of the landscape or townscape. If necessary, additional design, landscaping, planting and screening, including planting in advance of the commencement of the development, should be proposed.

Policy DC6 - Highways

Major mineral extractions, landfills and `strategic' recycling, aggregate processing and recovery and treatment facilities, will be permitted provided they have a suitable access to and/or route to the minerals and waste lorry route as illustrated on the Key Diagram.

In all cases, minerals and waste development will only be permitted if it pays due regard to the likely volume and nature of traffic that would be generated by the proposal and the suitability of the proposed access to the site and of the road network that would be affected. Consideration should be given to highway capacity, road and pedestrian safety, congestion and environmental impact, and whether any highway improvements are required and whether these could be carried out satisfactorily without causing unacceptable environmental impact.

Policy DC7 - Biodiversity

Minerals and waste developments will only be permitted if due regard is given to the likely effects of the proposed development on biodiversity and, where possible, proposals should conserve and enhance biodiversity.

Development likely to adversely impact upon `regionally or locally designated sites or protected species' - designated in adopted Local Plans or Local Development Frameworks - (including Sites of Importance for Nature Conservation (SINCs), Species of Principle Importance for Biodiversity, Regionally Important Geological Sites and Local Nature Reserves) shall only be permitted if the merits of development outweigh the likely impact.

Policy DC12 - Restoration and Aftercare

Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.

The restoration and after care of sites should seek to meet two or more of the following planning objectives:

a. Improving public access to the countryside, including public access for disabled people and recreation;

b. Use for management of water resources and/or flooding management;

c. The improvement of biodiversity;

d. Use as back-up grazing for the New Forest;

e. Return to agriculture, forestry or other `open' use recreational facilities.

Proposals for mineral extraction and landfill must include provision for at least five years of aftercare following restoration of the site.

Restoration proposals for mineral workings in Aerodrome Safeguarding Zones should take account of the need for progressive working and restoration, to prevent open water bodies becoming bird roosts.

Policy DC19 - Oil and Gas

Exploration and appraisal of oil and gas will be permitted, provided the site and equipment:

a. Is not located within the New Forest National Park, and

b. Is sited above the prospect (the potential oil or gas reserve) at the location where it would have the least environmental impact, and

c. The proposal provides for the restoration and subsequent aftercare of the site, whether or not oil or gas is found.

The commercial production of oil and gas will be permitted provided the site and equipment:

a. Is not located within the New Forest National Park, and

b. A full appraisal programme for the oil and gas field has been completed, and

c. The proposed location is the most suitable one, taking into account environmental, geological and technical factors.

HAVANT BOROUGH DISTRICT-WIDE LOCAL PLAN (ADOPTED 2005)

UF1 Strategic Gaps

Development will not be permitted which would diminish the following defined strategic gaps physically or visually.

(i) Havant Gap - Havant, Leigh Park/ Cowplain, Waterlooville, Purbrook, Portsmouth

(ii) Emsworth Gap - Havant/Emsworth

(iii) Rowlands Castle Gap - Havant/Rowlands Castle

(iv) Emsworth/Chichester Gap - Emsworth/Chichester/ Westbourne/Southbourne

HE15 Roads with Special Character

Along the following roads planning permission will only be granted for development and improvements which do not adversely affect their special character:

· London Road, Waterlooville (from Hulbert Road to Silvester Road, Cowplain)

· Leigh Road, Havant

· Emsworth Road, Havant (from Bellair Road to Warblington Avenue)

· Hulbert Road, Bedhampton (from Bedhampton Road to Purbrook Way)

· Hulbert Road (north of Purbrook Way to A3M junction)

· Sinah Lane, Hayling Island

· Stamford Avenue, Hayling Island

· Staunton Avenue, Hayling Island Salterns Lane, Hayling Island

· Hollybank Lane (northern end) and Long Copse Lane, Emsworth

· New Brighton Road (southern end) and Horndean Road, Emsworth

· Warblington Road, Emsworth

· Webb Lane, Hayling Island

· Bacon Lane, Hayling Island