1. The JMWP Consultation
Visit frackfreeyork.org.uk for a link to the consultation page
Download parts A and B of the publication response form if you plan to use it
Enter your contact details in part A of the form
Note your response is not anonymous
Don't put Frack Free York as your organisation as we will submit our response later
your response to

2. Legality and Soundness
The rules of the consultation say that you must respond based on legality and soundness
Friends of the Earth have written two letters objecting to this limitation
If you ignore the restriction, you should include Friends of The Earth's argument against it
If you ignore the restriction you may not want to use the response form

3. Friends of the Earth Argument
Despite the mineral planning authority’s limited scope to the consultation focusing on legal compliance and adherence to the tests of soundness in the NPPF I feel that as Policy M16 has changed considerably since the Preferred Options consultation, the consultation scope should be widened to accommodate more general commentary as per the Town and Country Planning (Local Planning) England Regulations (2012). These regulations do not limit the scope of consultation at the Regulation 19 (‘Publication’) consultation stage.

4. Friends of the Earth Guide: Climate Change
The plan does not comply with Section 19 (1A) of The Planning and Compulsory Purchase Act 2004
This would require policies to contribute to mitigation of and adaptation to climate change
Policy M16 should give special consideration to the climate change impacts of fossil fuel use and methane leakage
Frack Free York advise you to also refer to Policy D11 here

5. Policy D11
Proposals for minerals and waste development will be permitted where it has been demonstrated that measures appropriate and proportionate to the scale and nature of the development have been incorporated in its design, construction and operation in relation to: i) Minimisation of greenhouse gas emissions by incorporating energy-efficient siting, design and operational practices including those relating to bulk transport of materials;

6. Friends of the Earth Guide: Local Impacts on the Environment and Health
Landscape and Visual Environment
Health and Wellbeing
Traffic Impacts

7. Friends of the Earth Guide: The Precautionary Principle
The precautionary principle should be applied to unconventional oil and gas development due to unknown environmental effects
The risk to water quality means the precautionary principle should be applied under the EU Water Framework Directive

8. Friends of the Earth Guide: Environmental Impact Assessments
All applications for unconventional oil and gas development should require an Environmental Impact Assessment

9. Friends of the Earth Guide: Policies M16, M17 and M18
Climate Change
The Vale of Pickering and the Yorkshire Wolds should be included in the protected sites in M17
The buffer zone in M17 should be extended to 750m
There should be no exceptions allowed in the buffer zone
EIA
European Protected Sites: Buffer Zones needed due to noise and light
No account taken of indirect impacts on air quality
No account taken of indirect impacts on highway safety
The policies take a yes if approach

10. Policies W10 and W11 Policies W10 and W11 govern waste development
This includes waste water from the oil and gas industry
The arguments on Environmental Impact Assessments and the precautionary principle also apply to these policies

11. Part B
You will need a copy of Part B for every policy you object to and every type of argument you make
For each argument you have to choose legality or soundness
If you choose soundness you have to choose one of four subcategories
All of these arguments are based on soundness and “justified” and “consistent with national policy”

12. “Justified” means “The plan should be the most appropriate strategy when considered against reasonable alternatives, based on proportionate evidence.”
“Consistent with national policy” means consistent with the National Planning Policy Framework (NPPF)

13. Part B: Climate Change
One of the Core Planning Principles in Paragraph 17 of the NPPF is to “support the transition to a low carbon future”
Paragraph 94 of the NPPF calls for “proactive strategies to mitigate and adapt to climate change.”
Unconventional gas does not do this.
Kevin Anderson views shale gas as not compatible with the UK's obligations on climate change
Findings from the USA found high methane emissions
Policies M16, M17, M18 and/or D11 therefore need amending

14. Part B: Air Quality and Health
The 500m buffer zone around homes etc. in policy Policy M17 is similar to established practice with wind turbines
Such a small buffer zone is not justified
Oil and gas development has a greater noise impact than wind turbines
Oil and gas development has air pollution impacts and traffic impacts that wind turbines don't
Therefore a larger buffer zone should be used

15. Part B: Air Quality and Health (contd.)
Paragraph 17 of the NPPF includes a commitment to “contribute to conserving the natural environment and reducing pollution”
Paragraph 124 of the NPPF, “planning policies should sustain compliance with and contribute towards EU limit values and National objectives for pollutants”

16. Part B: Water and the Precautionary Principle
Paragraph 100 of the NPPF “Inappropriate development in areas at risk of flooding should be avoided by directing development away from the areas at highest risk”
Paragraph 143 calls on local authorities to set environmental criteria so that there are no unacceptable impacts on the natural and historic environment or human health from impacts on the flow and quantity of surface and groundwater and the migration of contamination from the site

17. Part B: EIA
Due to the environmental impacts of oil and gas development the decision not to require EIAs for them is not justified
The size of the area to be developed should not determine whether or not an EIA is needed, as the impacts of air pollution, water pollution and climate change extend beyond the site

18. Part B: Wildlife M17 has a buffer zone for residential areas.
M16 has a buffer zone for National Parks and AONBs based on landscape issues
There is no buffer zone for SSSIs, European protected sites and other wildlife sites
Given the impact of noise, air pollution, traffic and water pollution on wildlife, this is not justifed

19. Part B Wildlife (contd.)
Paragraph 118 of the NPPF “proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted”
Although the impact zones of SSSIs etc. are recognised in policy D07 there should also be a specific mention of buffer zones in M16 or M17

20. Part B: Wording of Policies
Policies M17, M18 and D07 all include wording in which development will be approved if a condition is met
This wording is not justified as it introduces ambiguity into the JMWP
A proposal could meet the conditions in M17, but not M18 or vice versa
Therefore the wording should be changed to state that development will not be permitted if the condition is not met

21. Part B: Presumption in Favour of Sustainable Development
Policy D01 includes the presumption in favour of sustainable developlment as required by the NPPF
Paragraph 119 of the NPPF states that the presumption in favour of sustainable development does not apply if the development requires assessment under the Birds or Habitats Directives
Oil and gas licensing rounds require such an assessment
Therefore policy D01 should state there is no presumption in favour of sustainable development for oil and gas development