Oil & gas/Controversial Leicestershire well

摘要

Proposals by Technology Investment and Exploration Ltd for a well site for 2 years at Vicary Farm, near Woodhouse, Loughborough were deferred by Leicestershire CC in February for a Members' site visit and it was resolved to grant planning permission subject to the prior completion of a S 106 legal agreement covering vehicle routeing and timing of vehicle movements in March (see Mineral Planning 91 p.28). During the debate on the application, the applicant's agent volunteered a financial restoration bond. Following the March resolution, negotiation has been ongoing with TIEL concerning the detail of the S 106 agreement, including the offer of a voluntary restoration bond of 60,000 pounds. The Charnwood Forest Oil Action Group made representations about the adequacy of the Bond and indicated an intention to mount a legal challenge, by way of judicial review to any planning permission which may be issued. It supported this with Counsel's opinion on the matter, which incorporated the view that "the Board has erred in its approach to this application and should be invited to reconsider its decision". The opinion was based on a view that the evidence was that there is no possibility of finding oil and therefore the "significant environmental harm" occasioned by the proposal should lead to refusal of planning permission. The opinion finished by saying "To continue to accept that oil reserves may be found in this location despite the overwhelming independent advice to the contrary would be perverse and irrational". The County Solicitor sought Counsel's opinion which was that the approach adopted by the County Council as to whether oil was present was a reasonable one based on the available evidence. Notwithstanding this, however, the Council should consider the need for and adequacy of any Bond offered to ensure restoration of the land, and this should be completed before the permission is issued. Counsel also suggested a minor amendment to one of the proposed conditions to make it clear that the permission is intended to be temporary.