THE KENT MINERALS LOCAL PLAN: OIL AND GAS (ADOPTED DECEMBER 1997): POLICIES SAVED AFTER 27 SEPTEMBER 2007 THE SAVED POLICIES

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1 THE KENT MINERALS LOCAL PLAN: OIL AND GAS (ADOPTED DECEMBER 1997): POLICIES SAVED AFTER 27 SEPTEMBER 2007 Information taken from directions under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 dated 21 September 2007 to the effect that paragraph 1(2)(a) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 does not apply to the following policies contained in the Kent Minerals & Waste Local Plans (i.e. they are still saved policies). All other policies in these Plans are not saved. THE SAVED POLICIES THE PLAN S STRAGEGY AND GENERAL POLICIES Subject Coastal Planning OG1AA The Strategy PROPOSALS FOR DEVELOPMENT ON THE UNDEVELOPED COAST WILL BE PERMITTED ONLY IF:- A COASTAL LOCATION IS CONSIDERED TO BE ESSENTIAL. (ii) A LOCATION ON THE DEVELOPED COAST IS NOT CONSIDERED TO BE PRACTICABLE. (iii) ANY OFF-SHORE IMPACTS HAVE BEEN FULLY TAKEN INTO ACCOUNT.

2 Exploration OG2 General Policies PROPOSALS FOR EXPLORATORY DRILLING WILL NORMALLY BE PERMITTED WHERE, HAVING REGARD TO THE GEOLOGICAL STRUCTURE, THE PLANNING AUTHORITY IS SATISFIED THAT THE PROPOSED SITE HAS BEEN SELECTED TO MINIMISE ITS ENVIRONMENTAL AND NATURAL RESOURCE IMPACT. Appraisal OG3 PROPOSALS FOR APPRAISAL DRILLING WILL BE PERMITTED WHERE, HAVING REGARD TO GEOLOGICAL CONSIDERATIONS, THE PLANNING AUTHORITY IS SATISFIED THAT SITES HAVE BEEN SELECTED:- TO MINIMISE THEIR ENVIRONMENTAL AND NATURAL RESOURCE IMPACT (ii) AS PART OF AN OVERALL STRATEGY FOR THE POSSIBLE SUBSEQUENT DEVELOPMENT OF THE FIELD. Development OG4 PROPOSALS FOR THE DEVELOPMENT OF AN OIL AND GAS FIELD, INCLUDING ANY ON- SHORE DEVELOPMENT REQUIRED FOR AN OFF-SHORE FIELD, WILL BE SUBJECT TO STRUCTURE PLAN POLICY NR13(c) AS FURTHER EXPRESSED IN ALL RELEVANT STRUCTURE PLAN POLICIES. PROPOSALS WILL BE CONSIDERED ONLY WITHIN THE FRAMEWORK OF A SCHEME FOR THE WHOLE OF THE FIELD AND SHOULD INCLUDE PROPOSALS FOR LAND RESTORATION.

3 IT IS LIKELY THAT AN ENVIRONMENTAL STATEMENT WILL BE REQUIRED. GATHERING STATIONS AND EXPORT TERMINALS WILL BE EXPECTED TO BE LOCATED WHEREVER POSSIBLE ON ESTABLISHED INDUSTRIAL LAND. WHEREVER POSSIBLE TRANSPORT OF OIL AND GAS SHOULD BE BY PIPELINE, WATER, OR RAIL.

4 CRITERIA FOR THE ASSESSMENT OF PLANNING APPLICATIONS (CHAPTER 5) Subject The Impact of Proposals Protecting the Environment / Control of Other Operations BEFORE GRANTING A PLANNING PERMISSION THE PLANNING AUTHORITY WILL REQUIRE TO BE SATISFIED AS TO THE MEANS OF CONTROL OF NOISE, VIBRATION, DUST AND GAS, AND WASTE MATERIALS PARTICULARLY IN RESPECT OF ITS POTENTIAL IMPACT ON NEIGHBOURING LAND USES AND AMENITY. DUST CONTROL MEASURES WILL INCLUDE, AS NECESSARY:- Noise, Vibration, Dust and Gas OG5 (ii) HARD SURFACING TO AN APPROVED STANDARD AROUND PLANT AND ALONG ACCESS ROADS, AND ITS REGULAR (VACUUM) SWEEPING; THE SEEDING DOWN OF ALL EXPOSED EARTH SURFACES; (iii) THE WATERING OF HARD AND EXPOSED SURFACES IN DRY WEATHER; (iv) SCREENING AND TREE PLANTING; (v) SHEETING OF LORRIES. IF SATISFACTORY MEANS OF CONTROL CANNOT BE DEMONSTRATED, THEN PERMISSION WILL BE REFUSED.

5 Land Drainage, Flood Control and Unstable Land OG7 PROPOSALS WILL NOT BE APPROVED BY THE PLANNING AUTHORITY EXCEPT IN ACCORDANCE WITH SCHEMES WHICH PROVIDE WHERE APPROPRIATE FOR:- (ii) THE SAFEGUARDING OF LAND DRAINAGE AND FLOOD CONTROL; LAND STABILITY. Nature Conservation OG8 BEFORE GRANTING PERMISSION FOR AN OIL OR GAS RELATED PROPOSAL THE PLANNING AUTHORITY WILL REQUIRE TO BE SATISFIED THAT THE EARTH SCIENCE AND ECOLOGICAL INTERESTS OF THE SITE AND ITS SURROUNDINGS, INCLUDING THOSE SET OUT IN PARAGRAPHS 5.39 AND 5.40, HAVE BEEN ESTABLISHED, AND PROVISIONS MADE FOR THE SAFEGUARDING OF IRREPLACEABLE AND OTHER IMPORTANT GEOLOGICAL AND GEOMORPHOLOGICAL FEATURES, HABITATS, OR SPECIES OF WILDLIFE IMPORTANCE. WHERE AN OVERRIDING NEED REQUIRES SOME DIRECT LOSS OR INDIRECT HARM TO SUCH FEATURES, HABITATS OR SPECIES, THEN WHERE PRACTICABLE SUITABLE COMPENSATORY MITIGATION MEASURES SHOULD BE PROVIDED. THE PROVISIONS FOR SAFEGUARDING AND MITIGATION WILL BE SECURED BY CONDITION OR BY A S106 AGREEMENT AS APPROPRIATE. Plants and Building OG9 WHERE THE EXTERNAL APPEARANCE WOULD BE MATERIALLY AFFECTED, THE PLANNING AUTHORITY WILL REQUIRE THE SUBMISSION OF DETAILS AND THEIR PRIOR APPROVAL FOR THE SITING, DESIGN AND EXTERNAL APPEARANCE OF PLANT, HARD SURFACES, BUILDINGS, LIGHTING AND ANY PERIMETER SECURITY FENCING.

6 WHEN CONSIDERING SUCH DETAILS THE PLANNING AUTHORITY WILL REQUIRE THAT: (ii) (iii) (iv) FACILITIES ARE GROUPED TO PREVENT SPRAWL AND THE SPREADING OF EFFECTS, AND TO ASSIST SCREENING. ADVANTAGE IS TAKEN OF TOPOGRAPHY AND NATURAL COVER DESIGNS AND MEANS OF OPERATION MINIMISE VISUAL, NOISE AND LIGHT INTRUSION. APPROPRIATE COLOUR TREATMENT IS PROVIDED, TO REDUCE THEIR IMPACT AND TO ASSIST THEIR INTEGRATION INTO THE LOCAL LANDSCAPE. Hours of Working OG10 WITH THE EXCEPTION OF DRILLING THE PLANNING AUTHORITY WILL BY CONDITION PERMIT OPERATIONS BETWEEN THE HOURS 0700 TO 1800 MONDAY TO FRIDAY AND 0700 TO 1300 ON SATURDAY, EXCLUDING BANK HOLIDAYS. ANY PROPOSALS TO WORK OUTSIDE OF THESE HOURS WILL BE CONSIDERED AGAINST THE PRINCIPLES SET OUT IN PARAGRAPH Public Rights of Way OG11 WHERE PROPOSALS COULD ADVERSELY AFFECT A PUBLIC RIGHT OF WAY, WHEN DETERMINING THE APPLICATION THE PLANNING AUTHORITY WILL SECURE THE INTERESTS OF THE USERS OF THE PUBLIC RIGHT OF WAY. THE USE OF PRIMARILY PEDESTRIAN RIGHTS OF WAY TO GAIN VEHICULAR ACCESS TO A PROPOSAL WILL BE RESISTED.

7 Road Traffic and Access OG15 The Impact of Proposals - Access WHEN CONSIDERING APPLICATIONS FOR OIL AND GAS EXPLORATION, APPRAISAL OR DEVELOPMENT THE PLANNING AUTHORITY WILL: REFUSE PERMISSION IF IT IS CONSIDERED THAT THE PROPOSED ACCESS, OR NECESSARY HIGHWAY IMPROVEMENTS, OR THE EFFECTS OF VEHICLES TRAVELLING TO AND FROM THE SITE, WOULD AFFECT IN A MATERIALLY ADVERSE WAY (a) THE SAFETY OF THE HIGHWAY NETWORK (INCLUDING EXCEEDING ITS CAPACITY) AND/OR (b) THE CHARACTER OF HISTORIC RURAL LANES AND/OR (c) THE LOCAL ENVIRONMENT, INCLUDING DWELLINGS, CONSERVATION AREAS AND LISTED BUILDINGS. (ii) ENSURE THAT ANY OFF-SITE HIGHWAY IMPROVEMENTS CONSIDERED TO BE NECESSARY TO SECURE ACCEPTABLE ACCESS ARE COMPLETED, IF NECESSARY IN STAGES RELATED TO THE DEVELOPMENT OF THE SITE, BEFORE SPECIFIED OPERATIONS ON SITE COMMENCE, AND ARE PROVIDED AT THE DEVELOPMENT S EXPENSE. Road Traffic and Access OG16 THE PLANNING AUTHORITY WILL REQUIRE BY CONDITION MEASURES TO BE TAKEN AND MAINTAINED BY THE OPERATOR TO PREVENT MUD, DUST AND DEBRIS BEING DEPOSITED IN THE PUBLIC HIGHWAY.

8 The Impact of Proposals Landscaping and Restoration Landscaping OG17 BEFORE DEVELOPMENT COMMENCES THE PLANNING AUTHORITY WILL REQUIRE TO BE SATISFIED THAT AN APPROPRIATE LANDSCAPING SCHEME IS AN INTEGRAL PART OF THE DEVELOPMENT. Working and Restoration / Aftercare OG18 BEFORE ANY DEVELOPMENT COMMENCES THE PLANNING AUTHORITY WILL REQUIRE TO BE SATISFIED THAT SATISFACTORY WORKING AND RECLAMATION SCHEMES ARE AN INTEGRAL PART OF THE PROPOSAL. WHEREVER APPROPRIATE THE SCHEMES WILL BE DESIGNED TO RETURN THE LAND TO A PLANNED AFTERUSE AT THE HIGHEST STANDARD RELEVANT TO THAT USE AND AS QUICKLY AS POSSIBLE.

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