Rejecting an application for fracking because of its visual and landscape impacts would be “unreasonable” in planning terms, councillors have been advised.
A decision on energy firm Cuadrilla’s bid to explore for shale gas at a site between Preston and Blackpool was deferred yesterday until Monday to consider legal advice in writing.
Councillors were previously given verbal legal advice over a motion to refuse the scheme because it did not meet the county’s minerals and waste local plan.
That led to a vote which was split at 7-7 before the chairman of Lancashire County Council’s development control committee, Munsif Dad (Labour), used his casting vote to turn down the motion.
The legal advice from David Manley QC was published today but some committee members argued it did not match what they were told yesterday and said it could have affected the vote.
In his advice note, Mr Manley said the landscape impacts at Preston New Road, Little Plumpton, had been categorised as “moderate” and that the planning officer had concluded an absence of unacceptable landscape and visual impacts.
The barrister said: “I have not seen any evidence that could credibly justify a contrary conclusion. On any view, impacts are highly localised, temporary and reversible.”
No adverse impacts to air quality, groundwater, noise and lighting had been identified, he added.
He went on: “While a refusal which is not backed by substantial objective evidence cannot be described as unlawful, it nonetheless can readily be described as unreasonable in planning terms.
“If a refusal on DM2 (the relevant planning policy) were to be issued, it is highly likely that the applicant will appeal.”
He added it would be “difficult if not impossible” to find a reputable independent planning consultant to defend the council’s position and there was a “high risk” that a costs penalty would be imposed on the council.
A report from the council’s reporting planning officer recommends approval of the application at Preston New Road, subject to a number of conditions being met such as hours of working, control of noise and highway matters.
Discussing the matter at County Hall, Preston, councillor Paul Hayhurst (Independent) said: “My reading of the advice is because the officer says there is no visual impact then there is no visual impact, so we do not have a case.
“Surely it is for members to determine that. This is why we have a democratic process of members determining planning applications.”
He said today’s published advice was “nothing like as strong” as that given verbally yesterday and that it had a “material affect” on the motion vote.
He added: “Should members be able to make this decision or officers? That vote was flawed yesterday. We should put the vote again.”
Councillor Michael Green (Conservative) said: “The advice had very much been couched in black and white terms. There are more nuances in this advice. Whether the vote would be different I don’t know.”
Alan Schofield (Conservative) said he believed that in essence the same words were used, while Barrie Yates (Conservative) said: “We cannot have two votes. We cannot have two bites of the apple.”
Legal officer Jill Anderson reminded the committee that the ultimate decision on the application was for members to take, “as it always is”, but they had to be mindful of the consequences.
Members will resume their discussions on Preston New Road on Monday.
Today they started addressing a second application by Cuadrilla for another site on the Fylde at Roseacre Wood, Roseacre.
Up to 50 people will speak for and against the plans before the committee debates the plans. A final decision is likely to be made tomorrow.
Lancashire planning officials say the Roseacre application should be turned down because of the increase in traffic which would result in “an unacceptable impact” on rural roads and reduce road safety.
Passing both applications would enable fracking at the sites following drilling at up to four exploration wells, but a separate application would be required if Cuadrilla wished to progress to commercial fracking.
Fracking was suspended in the UK in 2011 following earth tremors in Blackpool where Cuadrilla previously drilled.