Planning Performance Agreement (Ppa) for Hydraulic Fracturing for Gas and Oil

PLANNING PERFORMANCE AGREEMENT (PPA) FOR HYDRAULIC FRACTURING FOR GAS AND OIL

INSERT SITE ADDRESS

This agreement is made on INSERT DATE

Between:

INSERT NAME AND ADDRESS OF MINERALS PLANNING AUTHORITY

and

INSERT NAME AND ADDRESS OF APPLICANT

1Introduction AND pURPOSE

1.1This PPA is made between INSERT NAME OF MINERALS PLANNING AUTHORITY and APPLICANT. The Applicant’s Agent is AGENT NAME.

1.2The Site is INSERT SITE AND DESCRIPTION, INCLUDING ANY DESIGNATIONS.

1.3The Applicant is to submit a planning application seeking permission for: INSERT DESCRIPTION OF DEVELOPMENT.

1.4This PPA is an agreement between INSERT NAME OF MINERALS PLANNING AUTHORITY and the Applicant to provide a project management framework for handling the proposed planning application from pre-application through to determination. This framework should speed up the planning process by committing both parties to an agreed timetable containing ‘milestones’ that make clear what level of resources and actions are required to ensure that all key planning issues are properly considered and resolved.

1.5This PPA is an evolving document which will be updated and managed by the Project Team.

1.6This agreement is made pursuant to Section 111 of the Local Government Act 1972 Section 93 of the Local Government Act 2003 and Section 1 of the Localism Act 2011.

1.7Nothing in this agreement shall restrict or inhibit the Applicant from exercising their right of appeal under Section 78 of the Town and Country Planning Act 1990.

1.8This PPA should be read in conjunction with the PPA for Hydraulic Fracturing for Gas and Oil User Guide.

2project team

2.1The Project Team will comprise the Applicant’s Team and the INSERT NAME OF MINERALS PLANNING AUTHORITY Team as defined below:

Applicant Team:

MPA TEAM

2.2The Project Team will be responsible for achieving the objectives set out in section 3 of this PPA.

2.3The Project Team will work together to agree the relevant Work Packages to be included within the PPA, as set out in Section 4 of this PPA.

2.4The Project Team will meet on a regular basis to assess the progress against the PPA (see section 4 and User Guide – Work Packages).

3OBJECTIVEs of the PPA

3.1The Written Statement on Shale Gas and Oil issued by Amber Rudd on 16th September 2015 made clear the Government’s desire to ensure that planning applications for these types of developments are dealt with quickly. It also emphasised the importance of public engagement, and the necessary involvement of other regulators (refer to section 2 of User Guide).

3.2The primary objectives of this PPA are:

To establish a shared commitment to an agreed timetable to enable the assessment, consideration and determination of a planning application in due course;

To enable engagement of the public at all stages of the planning process;

To identify key determining issues, and agree steps to resolve them wherever possible;

To enable engagement of all statutory consultees at the earliest opportunity and throughout the planning process;

To ensure that all technical issues are fully addressed by the Applicant and fully understood by the MPA;

To identify and address the detailed requirements of any planning conditions and planning obligations which would be necessary, should a planning application be deemed acceptable in principle.

NOTE: This agreement does not give a guarantee of planning permission. It relates to the process of considering development proposals and not the decision itself.

3.3The guiding principle of this PPA is one of cooperation and consistency throughout the negotiation and discussion relating to the planning process, to provide a degree of certainty for the intended outcomes and to improve the quality of the project and of the planning decision.

4Work Packages

4.1Suggested Work Packages for Fracking proposals are included within the User Guide.

4.2Work Packages agreed as part of this PPA are:

INSERT DETAILS

INSERT DETAILS

INSERT DETAILS

INSERT DETAILS

INSERT DETAILS

INSERT DETAILS

INSERT DETAILS

4.3In addition to these packages, the Applicant or MPA may propose additional Work Packages to the PPA Project Team.

4.4Each Work Package shall be proposed in the form provided in Appendix B, and shall include all of the requested information.

5key dates

5.1Key dates are set out in Appendix A.

5.2Any changes proposed to these dates must be agreed in writing between the Applicant and MPA before the PPA is formally amended.

6PERFORMANCE STANDARDS

6.1MPA agrees adhere to the following standards towards the achievements of the objectives of this PPA:

6.2The Applicant agrees to:

7COSTS

7.1The Applicant commits to covering the costs of:

• e.g. cost of setting up initial PPA meeting

External Consultants

7.2There may be a need for the MPA to employ external consultants to assist in the determination of the planning application. This might be due to lack of resources by the MPA, or that they do not have the specialist expertise required to deal with the matters involved.

7.3If this is the case, the MPA will discuss their requirements with the Applicant; setting out why they need assistance, who they plan to appoint and what the cost of this will be.

7.4It is expected that the Applicant will cover the costs of any external consultants employed by the MPA during the planning process.

8agreement

8.1MPA and the Applicant hereby agree to the content of this Planning Performance Agreement.

MPA

NameINSERT

Signature……………………………………………………

PositionINSERT

DateINSERT

APPLICANT

NameINSERT

Signature……………………………………………………

PositionINSERT

DateINSERT

Appendix A – Key dates

The MPA and the Applicant shall work to ensure that the planning process is progressed in accordance with the Key Dates set out below:

appendix B - work package proposal form

Name of Work Package

Work Package Team Leader

Summary of Work Package and Outcomes

Timescale:/outcomes

Date

Event

Date

Event

Date

Event

Target Delivery Date for Work Package

Risks to Delivery

Associated Costs

Item

Cost

Item

Cost

Item

Cost