Agenda item

15/00971/CPO - To hydraulically stimulate and test the various geological formations previously identified during the 2013 KM8 drilling operation, followed by the production of gas from one or more of these formations into the existing production facilities, followed by wellsite restoration. Plant and machinery to be used includes a workover rig (maximum height 37m) hydraulic fracture equipment, coil tubing unit, wireline unit, well testing equipment, high pressure flowline, temporary flowline pipe supports, permanent high pressure flowline and permanent pipe supports

The Planning Committee considered the report of the Head of Planning and Housing which had previously been circulated.

The Council Solicitor advised the Planning Committee on the legality of the resolution of Council on the 8 October 2015 to call for a fracking moratorium.

The Council Solicitor reminded Members that the Planning Committee had received advice on this issue in a previous report to the Planning Committee meeting on  10 November 2015.

The resolution of Ryedale District Council does not suspend the operation of the planning system in relation to the determination of planning applications for fracking by the County Council or the exercise of the District Council’s discretion to make a consultation response in relation to a fracking application.

Only Parliament and the Government can legally put in place a moratorium on fracking. In addition the District Council cannot fetter its discretion by the adoption of a blanket policy of a moratorium when considering consultation responses.

Against that background the statutory duty of the County Council to determine planning applications for fracking on planning grounds and the District Council’s legal power to exercise its discretion to make a consultation response in relation to a fracking application subject to the normal public law principles are not affected by the resolution.

The Planning Committee was also advised that the District Council is  subject to the common law principles which apply to all decision-making by local authorities, including the requirement to take a reasoned decision based upon all material information. When the District Council exercises its discretion it abuses its discretion if it takes into account irrelevant considerations or failing to take into account relevant considerations.

Members of the Planning Committee were reminded that the responsibility for declaring interests is for each Member. If a Member of the Planning Committee has a closed mind on the issue and has pre-determined the issue they should not participate as a Committee Member and should stand down from the Planning Committee for that item.

Members debated the item.

Councillor Farnell moved  the following proposal :

I propose a response be sent to NYCC stating that the Planning Committee of Ryedale District Council objects to the planning application on the grounds of unacceptable development within a rural location, impacting upon the special qualities of Kirby Misperton, its residents, the surrounding area and the potential harm to rural Ryedale, contrary to Policy SP 13 of the Local Plan. "

This was seconded by Councillor Lindsay Burr subject to  the addition of the following  wording which the mover agreed :

"Members have thoroughly evaluated the Officers report and considered the contents seriously but cannot endorse it."

The Head of Planning and Housing asked the mover and seconder if they also wished to add reference to other relevant Local Plan policies related to the expressed objections which amongst others included  SP 14 and 17.  This was approved.

Members then voted on the proposal as amended by agreement .

In accordance with the Members Code of Conduct Councillors Cleary, Farnell, Frank, Goodrick, Hope, Windress, Maud, Thornton, Shields and Burr declared a personal non pecuniary but not prejudicial interest.

Councillor Burr indicated she had an open mind on this application.