“Development for minerals or waste management operations will be supported where it can be demonstrated to the satisfaction of the mineral and waste planning authority, by the provision of appropriate information, that all material, social, economic or environmental impacts that would cause demonstrable harm can be eliminated or reduced to acceptable levels. In assessing proposals account will be taken of the proposal’s setting, baseline environmental conditions and neighbouring land uses, together with the extent to which its impacts can be controlled in accordance with current best practice and recognised standards. In accordance with Policy CS5 and CS9 of the Core Strategy developments will be supported for minerals or waste developments where it can be demonstrated to the satisfaction of the mineral and waste planning authority, by the provision of appropriate information, that the proposals will, where appropriate, make a positive contribution to the: • Local and wider economy • Historic environment • Biodiversity, geodiversity and landscape character • Residential amenity of those living nearby • Reduction of carbon emissions • Reduction in the length and number of journeys made This will be achieved through for example: • The quality of design, layout, form, scale and appearance of buildings • The control of emissions from the proposal including dust, noise, light and water • Restoration within agreed time limits, to a beneficial afteruse and the management of landscaping and tree planting. • The control of the numbers, frequency, timing and routing of transport related to the development”
“New development in rural areas should be sited in keeping with the distinct landscape character types identified in the Landscape Strategy for Lancashire and the characteristic landscape features defined in Policy EP10. Development must be of a high standard of design. Matters of scale, features and building materials should reflect the local vernacular style.”
“12.149 I conclude that the development would not require the removal of any significant existing landscape features and any landscape change would not be of a permanent nature. However, having regard to aesthetic and perceptual considerations, there would be a significant impact upon the landscape during the first phase of the development that would last about two and a half years. These significant landscape effects would be limited to a distance of up to around 1km from the site. There would be no material indirect adverse landscape effects on any neighbouring local landscape character areas. 12.150 The significant impact on the landscape would be short-term during the first phase of the development, although there would be some varying degree of impact for the duration of the temporary permission. This would be wholly reversible and the site would be fully restored after 75 months. The mitigation proposed is reasonable and would represent a positive contribution, as far as can be achieved, to the appearance of the site. The restoration proposals would reinstate the localised landscape characteristics, such that there would be no lasting change to landscape character.”
“12.151 Policy DM2 supports development that makes a positive contribution to matters such as landscape character, “where appropriate”
“12.153 [The action group] submits that the siting of the development would not be in keeping with the distinct landscape character types identified in the landscape strategy for Lancashire and it is therefore in conflict with Policy EP11. However, it is hard to envisage any shale gas development that could be sited without a degree of conflict with that strategy. As indicated above, I do not consider that this policy can be sensibly applied to these schemes. … .”
“12.154 Although there would be an adverse impact upon a ‘valued’ landscape, this particular landscape is valued only at local level and does not have the highest status of protection. Given the temporary nature of the development, and the mitigation and restoration proposals, there would be no conflict in the long-term with the aim of the NPPF to conserve and enhance the natural environment.”
“12.155 Whilst there would be some significant adverse visual effects, only a low number of residential receptors would experience effects of that magnitude. These significant effects would only arise during the drilling, fracturing and initial flow testing phase over a period of some 29 months. The mitigation proposed is reasonable and the limitations in what can be achieved in that respect are acknowledged. There would be additional adverse visual impacts, including upon users of transport corridors over and above what has been identified in the LVIA. However, these would not amount to significant impacts. There would be little scope for any cumulative visual issues between the Preston New Road and Roseacre Wood during this phase, or with any other developments within the area.”
“12.156 Policy DM2 supports minerals development where it can be demonstrated that the proposals would, where appropriate, make a positive contribution to the residential amenity of those living nearby. There are examples set out showing how this might be achieved. In terms of siting of the development, [the action group’s] witness could not point to a better location for the developed part of the site. The development would be sited in a location where only a relatively small number of residential properties would experience a significant adverse impact. The reduction in height of the drill rig to 36m would serve to keep the development as low as practicable to minimise visual intrusion. A lighting scheme would be in place and other mitigation is proposed including the colour of thefencing and other structures. It seems to me that all appropriate measures to mitigate the impact on visual amenity have been included within the scheme. There would be harm arising from the visual impact associated with the development but this has been reduced to an acceptable level such that there would not be conflict with Policy DM2.”
“12.157 Based on the evidence given above in relation to the reasons for refusal pertaining to both landscape and visual issues, and my inspections of the site and surroundings, I conclude that the development at Preston New Road would not ‘cause an unacceptable adverse impact on the landscape’ nor would it ‘result in an adverse urbanising effect on the open and rural character of the landscape and visual amenity of local residents’. The landscape and visual impacts associated with the scheme would not be unacceptable.”
“54. For the reasons given at IR12.117-12.120, the Secretary of State agrees with the Inspector that the proposal would not affect the outlook of any residential property to such an extent that it would be so unpleasant, overwhelming and oppressive that it would become an unattractive place to live (IR12.118). He agrees that the significant effects would only arise during the earlier phases and would therefore be limited in their duration and would not be experienced throughout the temporary six-year period (IR12.120). …”
“57. The Secretary of State has considered the Inspector’s overall conclusions on landscape and visual impact. For the reasons given at IR12.149-12.153, he agrees with the Inspector at IR12.152 that although there are landscape impacts that would cause demonstrable harm which cannot be eliminated, they have been reduced to an acceptable level and the development would therefore be in accordance with Policy DM2. … For the reasons given at IR12.70 and IR12.155-12.156, he agrees with the Inspector at IR12.156 that there would be harm arising from the visual impact associated with the development but this has been reduced to an acceptable level such that there would not be conflict with Policy DM2. Overall he agrees with the Inspector’s assessment at IR12.157 that the landscape and visual impacts associated with the scheme would not be unacceptable.”
“12.31 In relation to Policy EP11, [Cuadrilla] claim that this is obviously a policy aimed at built development and not an engineering operation such as shale gas exploration. … [The county council] accepts that the requirement that [“building materials should reflect the local vernacular style”] could not apply to the proposed development. However, it seems to me that it is not only that aspect of the policy that is obviously inapplicable, but also the main thrust of the policy is aimed at the assimilation of new built development, rather than the type of development that is the subject of these appeals. This is an instance where the most appropriate policy against which to consider the landscape character impact and the design of the proposed development falls within [the minerals local plan]. Policy EP11 cannot sensibly be applied to these schemes. …”
“… The greatest source (73%) of the project GHG emissions come from burning the gas in the flare. The total Project GHG emissions could be between 118,418 (lower range) to 124,397 (higher range) tCO 2e. The higher range is the equivalent of 0.002% of the current UK Carbon Budget set by the government and as such the Project’s potential contribution to national GHG emissions is negligible. Furthermore, due to the conservative nature of the assessment there is potential for the actual GHG emissions to be even smaller.”
“12.757 I acknowledge that the [written ministerial statement of16 September 2015 ] does make reference to the substantial benefits that exploring and developing our shale gas and oil resources could potentially bring. However, it seems to me that, in the light of the NPPF and [the PPG] guidance, the potential wider economic benefits of shale gas production at scale should be given very limited weight at this stage. … .”
“36. The Secretary of State considers that the need for shale gas exploration set out in the [written ministerial statement] reflects … the Government’s objectives in the [written ministerial statement], in that it could help to achieve lower carbon emissions and help meet its climate change target. … 37. Overall, the Secretary of State agrees with the Inspector’s conclusion at IR12.686 that the projects would be consistent with the NPPF aim to support the transition to a low carbon future in a changing climate. He further agrees that [Cuadrilla] have demonstrated, by the provision of appropriate information, that all material, social, economic or environmental impacts that would cause demonstrable harm would be reduced to an acceptable level and that the projects represent a positive contribution towards the reduction of carbon, and that the proposed development would be in accordance with [Policy DM2 of the minerals local plan] and relevant national policy.” and in paragraph 47, under the heading “Economic benefits”: “47. For the reasons given in IR12.749-12.769 and IR12.818, the Secretary of State agrees with the Inspector at IR12.769 that the local economic benefits of the exploration stage would be modest. He attributes little positive weight to these benefits. The Secretary of State notes that the Inspector considers little weight should be attributed to the national economic benefits which could flow from commercial production at scale at some point in the future, in the context of the exploratory works development which is the subject of these appeals. As the NPPF makes clear that each stage should be considered separately, the Secretary of State considers that in the context of these appeals, no weight should be attributed to the national economic benefits which could flow from commercial production in relation to these sites at scale at some point in the future.”
“12.656 … [Dr David McCoy, an expert medical witness called at the inquiry on behalf of Friends of the Earth] identified noise and other nuisances as being the most likely causes of negative direct impacts on human health. I have given consideration to noise, visual amenity, and other potential impacts upon health and wellbeing elsewhere in this report. I do not believe that there will be additional negative health and wellbeing impacts on nearby communities associated with the matters raised by Dr McCoy. …”
“12.662 I am satisfied that [Cuadrilla] have demonstrated, by the provision of appropriate information, that all potential impacts on health and wellbeing associated with the projects would be reduced to an acceptable level. The proposed development would be in accordance with [Policy DM2 of the minerals local plan, Policy CS5 and Policy CS9 of the minerals core strategy] and relevant national policy.”
“122. … [Local] planning authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively. …”
“34. The Secretary of State has considered carefully the evidence and the representations that were put forward in respect of public health and public concern (IR12.636-12.662). He agrees with the Inspector for the reasons given at IR12.655 and IR12.658 that it could be assumed that the regulatory regime system would operate effectively to control emissions and agrees that there would be no health impacts arising from potential exposure to air and water pollutants. He has considered the potential health impacts of public concern. He agrees with the Inspector at IR12.659 that the processes would be regulated and all pathways that could potentially impact upon human health would be monitored and appropriately controlled, and therefore considers these concerns carry little weight in the planning balance. He agrees with the Inspector at IR12.661 that the available evidence does not support the view that there would be profound socio-economic impacts or climate change impacts on health associated with these exploratory works. He notes that there is no outstanding objection raised by Public Health England to the proposed development on public health impact grounds (IR12.644). Overall he agrees with the Inspector that [Cuadrilla] have demonstrated by the provision of appropriate information that all potential impacts on health and wellbeing associated with the projects would be reduced to an acceptable level, and further agrees that the proposed development would be in accordance with [Policy DM2 of the minerals local plan, Policy CS5 and Policy CS9 of the minerals core strategy] and relevant national policy (IR12.662).”