About this page
How this part of the Local Plan Options Document works
These Development Management policy option pages contain the following sections:
Policy background
- Relevant national policy or regulations
- National or regional trends
- Local situation and needs/li>
- How we have dealt with this issue in the past
- The thinking behind the policy
Policy options for the new Local Plan
We may suggest a variety of approaches:
- Keeping existing policy as it is
- Making small changes
- Replacing the policy with something that is substantially different
- Identifying factors or events which may affect this policy in the future
Policy option analysis
- A list of the advantages and disadvantages that we have identified for each of the policy options we are presenting.
View the Minerals and Waste Topic Paper and Minerals Planning Policy Advice Evidence Base for in-depth focus about this topic, and the evidence which informs our policy. Visit our library of Local Plan Options supporting documents to learn more.
Explore the policy
Select a section below to read more.
9.494 Conventional hydrocarbons are oil and gas (energy minerals) where the reservoir is sandstone or limestone. Unconventional hydrocarbons refer to oil and gas which comes from sources such as shale or coal seams which act as the reservoirs.
9.495 The Government is responsible for issuing Petroleum Exploration and Development Licences (PEDLs) which give exclusive rights for exploration and extraction of oil and gas resources within a defined area. Gaining a licence does not convey consent to drill or undertake any other form of operations. All operations require other permissions as appropriate, such as Environment Agency permits, Health and Safety Executive (HSE) scrutiny, and Department for Energy Security and Net Zero (DESNZ) consent, together with planning permission.
9.496 Whilst there are currently no PEDLs within Bath & North East Somerset it is nonetheless important to have in place a robust planning policy framework for considering planning applications relating to conventional and unconventional hydrocarbons related development within Bath & North East Somerset should this situation change in the future. Planning permission would be required for all stages, including exploration, appraisal and production.
9.497 The particular concern for Bath & North East Somerset is the potential involvement of the deep drilling and fracturing or ‘fracking’ of deep geological resources in order to extract shale gas. This has implications for the Bath Hot Springs which rely on underground water resources from a wide geographical area and therefore there is a concern relating to the potential disruption that deep drilling and hydrofracturing (fracking) may cause.
9.498 The hot springs are very special to Bath and have always been, and continue to be, at the centre of economic, social and cultural developments in the City. As a Council, we are responsible for protecting and monitoring the springs. The Bath’s World Heritage Site - Statement of Outstanding Universal Value - includes the Hot Springs.
9.499 The Council has also declared a Climate and Ecological Emergency, and the exploration, appraisal and processing of fossil fuels would be contrary to the priority to lead to carbon neutrality by 2030. It is also noted that the draft Overarching National Policy Statement for Energy, paragraph 3.4.7, suggests the need to move away from hydrocarbons as quickly as possible and the need to scale up the production of low carbon alternatives such as hydrogen and biofuels, but to manage the transition in a way that protects jobs and investment, uses existing infrastructure, maintains security of supply, and minimises environmental impacts.
9.500 Existing Policy M5 employs the precautionary principle in setting out a stringent framework within which development involving the exploration and/or appraisal of oil and gas resources will be considered.
9.501 Having regard to the World Heritage Site status of Bath, the importance of the Hot Springs, and the Climate and Ecological Emergency, we propose to tighten the policy to indicate a presumption against development involving the exploration and/or appraisal of oil and gas resources in Bath and North East Somerset, whilst retaining a policy framework in the event that proposals come forward. The proposed approach is as follows:
Option A
Tighten up the policy to indicate a presumption against development involving the exploration and/or appraisal of oil and gas resources using in Bath and North East Somerset. Retain policy criteria for assessing proposals.
Should alternative technologies and techniques emerge for the exploration and/or appraisal of oil and gas resources, developers would be required to provide compelling evidence of need for the proposed exploration/appraisal of oil and gas resources, having regard to the hierarchy of mineral sources; and demonstrate that there would be no unacceptable adverse effects on the environment, climate change, local communities and the transport network as a consequence of the proposed development.
Advantages of Option A
This will retain a policy framework in the event that a proposal is submitted. This would only be the case if a Petroleum Exploration and Development Licence (PEDL) were to be issued by the Government, and having regard to the other regulatory requirements).
Disadvantages of Option A
This does not form an outright ban on “fracking”, which would align with the Council’s declared Climate Emergency. However, such a ban would be contrary to national policy and leave the Council with no local policy framework for determining any future proposals.