KM8 Fracking Application – How to object

If you want to get started on your objection straight away, please click on this link for a downloadable letter you can customise and personalise.
KM8 PLANNING APPLICATION – OBJECTION LETTER

Otherwise, please keep reading …

Third Energy have applied to frack their existing KM8 well at the company’s Kirby Misperton well-site. You can view the application documents on the NYCC Online Planning Register – Application No: NY/2015/0233/ENV.

What exactly have Third Energy applied to do?

The planning application consists of five separate phases:

1 Pre-stimulation Workover This is the preparation stage, where they get the existing KM8 well ready for fracking. Duration: 2 weeks (working 24 hours a day)

2 Hydraulic Fracture Stimulation/Well Test This is a ‘test-frac’, or ‘flow-test’, which involves fracking at five different depths to see if the Bowland Shale will produce gas in commercially viable quantities. Duration: 2 weeks (working 24 hours a day)

3 Production Test This will check gas flows over a longer period of time (up to 90 days), with the gas piped to Knapton Generating Station. Duration: 13 weeks (working 24 hours a day)

4 Production If the production test is successful, the KM8 well will be permanently hooked up to the existing production equipment and commercially produce gas. Duration: up to nine years.

5 Well Abandonment and Restoration When the well reaches the end of its life, it will be decommissioned and restored. Duration: 6 weeks

I thought they told us that the were only applying to do an eight-week test-frac, not nine years of production.

That’s an interesting point. You must have read Third Energy’s Residents’ Brochure or their Public Consultation Booklet, which were given to local residents earlier in the year – in which a nine-year production phase was never mentioned.

Hmm. That’s a bit odd. Is there anything else that’s different in the planning application?

Actually, quite a lot of what they told us earlier in the year isn’t the same as what’s ended up in the planning application.

One very big difference is that they claimed there would only be 266 HGV movements during the first eight weeks, but in the Planning Application there are actually 910 HGV movements, plus 504 LGV/car movements – making a total of 1,414 traffic movements in total.

You can read a fully referenced analysis of the traffic movements on our KM8 Traffic Movements page.

That’s quite a big difference. Third Energy don’t sound like very good neighbours.

You might say that, we couldn’t possibly comment. However, you might like to see our analysis of the key differences between the consultation documents and the planning application on our Good Neighbours? page.

How can I object to this planning application?

Emails should be sent to: km8application@northyorks.gov.uk
Please put the application number in the subject line: NY/2015/0233/ENV
You can write your objection in the body of the email, or attach it as a Word Document.

VERY IMPORTANT – if you object by email, you must still include your full name and postal address. Objections without a postal address will not be considered.

You can also object by post. Please send your letter to:
Vicky Perkin, Planning Services, County Hall, Racecourse Lane, Northallerton, DL7 8AH.
Please put the application number in body of the letter: NY/2015/0233/ENV

Again, you must include your surname, first name/initials and full postal address, including postcode. Anonymous comments will not be considered.

Please ask for your comments to be included on the County Council Planning Register at the beginning or end of your objection.
You can also ask for your name, address, signature and other personal information to be removed before they post it on the website, so that these details are not available to be viewed by anyone else.

When’s the deadline for objections?

The official deadline has passed, but as the NYCC has asked Third Energy for more information, there is still no date for this to be decided. The council is legally obliged to consider all comments up to a week before the meeting itself, so you can still object to this application – but the sooner you do it, the better!

Better get on with it, then. How do I start?

You can either follow our guidelines by continuing to read this webpage, or you can download this guideline template letter, which includes the same information in a condensed form, which you can easily customise and personalise. Just click on the link below …

KM8 PLANNING APPLICATION – OBJECTION LETTER

What can I say at the beginning of the objection?

We suggest you begin by saying that you are writing to object to the application, and add a couple of sentences about yourself, e.g. where you live, what you do for a living, what your interest is in the application, why you are concerned, your connection to Ryedale, etc.

If you live near the KM8 well-site, please state what it is about the application that you are concerned about, e.g. the impact on your village, traffic, the impact on local roads/landscape, effect and the local economy, etc. You could also say something about how worried you are about how this work will impact on your daily life.

If you live elsewhere in Ryedale or North Yorkshire, you can mention the wider effects of fracking would have on the region, particularly on its reputation as a top tourist destination and the effect extra traffic would have on the road system.

If you live in another part of the UK (or in another country) you can mention any connection you have with North Yorkshire – for example, you might visit the area regularly on holiday, or because you have family or friends in the area. You can also consider the precedent this may set throughout the rest of the country should this be approved, and whether or not it would make you more or less likely to visit the area on holiday if the proposals are approved and developed.

How important is it that I personalise my objection?

Very important – personal objections that are individually written will gain more consideration from planning authorities. So please try to put things in your own words if possible. And a hand-written letter still makes an impact if you are the kind of person who likes writing letters with pen and paper!

Local knowledge and experience are also very important when campaigning against a planning application. So if you have any experiences to relate regarding living near a gas well-site (such as noxious smells, previous disruption, a negative affect on your health, work going on outside permitted hours, or anything else that has had any impact on your daily life, no matter how large or small), please include this in your objection. This sort of information is vital to help the Planning Officer make her recommendation.

Also, if you have had any other direct experience or problems when dealing with Third Energy – for example, you have been to any of their consultations or talks, or have had any direct contact with the company and its employees, then please include this in your objection.

Equally important are any instances that have occurred where you have not been kept informed about the development of the site. Alternatively, you may be aware of differing information being distributed by the company, either verbally or in print, such as those listed in the Good Neighbours? page. Please include any documentation – e.g. emails, leaflets, photographs, etc. – that can back up your comments, as this sort of information is helpful for the Planning Officer to decide whether or not the company can be trusted to undertake the work that it has applied for.

Finally, if you have researched any of the many facts, or read any interesting reports on fracking, or can cite any practices or instances where fracking has harmed communities that has caused you concern, please include these in your objection too.

What are the key points I can include in the main body of my objection?

You can then make some or all of the following points. If possible, please put them in your own words, perhaps by rephrasing the points in your own way or using the information in the bullet points to form a paragraph. You can also change the order of the points if you prefer, or choose the ones that you feel most concerned about. You don’t have to include all the points, and please make additional points you feel would support your objection, as described above.

TRAFFIC

• There are to be 910 HGV movements and 510 LGV/car movements in the first eight weeks.
• This means 1,414 traffic movements in total (compared to just 266 HGV movements promised in Third Energy’s Residents’ Brochure and Public Consultation Booklet.)
• This traffic will travel along country roads and directly through Kirby Misperton village.
• This will result in increased noise pollution, air pollution from traffic fumes, vibration damage to homes and other buildings and damage to verges and pavements.
• There will be a greater risk of traffic accidents – children, pedestrians, cyclists and horse riders are particularly vulnerable.

NOISE

• The levels of noise at the site during the first two stages will be very much higher than would normally occur in this quiet rural location (up to 90 dB on site – as loud as a nightclub).
• Noise will be clearly audible within the village and nearby properties, caravan parks and camp sites.
• Noise will also carry across country for many miles in all directions, disturbing people in neighbouring villages and properties.

NIGHT-TIME DISTURBANCE

• Work will take place 24 hours a day for the first five months, and will be particularly noisy during the first two months.
• Local residents will be subjected to excessive and unreasonable disturbance in what is a quiet part of the countryside.
• The bright lights from the site during darkness hours will be intrusive and disturbing to residents, particularly during the autumn/winter months.

VISUAL IMPACT

• The site is very visible from the public footpath that runs along the edge of the site.
• The shipping containers (which will be multi-coloured) and drilling rigs will be out of keeping in this landscape and will spoil the quiet use and enjoyment of the footpath.
• Although not in a National Park or an Area of Outstanding Natural Beauty, the countryside is still highly valued and is often the reason why many people chose to move to the area.
• Views into and out of the site should also be considered to identify whether they would be affected.

EFFECT ON WILDLIFE

• There is a wide range of wildlife in the immediate area and many are protected species.
• All wildlife will be adversely affected by light pollution, noise and vibration.
• Depending on the time of year, this can also cause problems with breeding and hibernation. Vibration will impact adversely on certain species such as owls and other small mammals.
• This disturbance to their habitat could lead to some species leaving the area permanently, which would affect the delicate ecological balance of the area.

PRODUCTION PHASE

• There is little detail in the planning application about the Production phase, which lasts nine years.
• It is extremely unlikely that this small test frack will be able to release enough gas to produce commercially viable quantities of gas for nine years.
• This means that the company may need to re-frack the well a number of times to continue production. However, there is nothing in the planning application about this phase.
• The applicant must therefore be asked to provide extensive details of this production phase before the application is considered.

FURTHER DEVELOPMENT

• Third Energy say in its Public Consultation Brochure that they have a longer term development plan which “will require three or four more wells – probably a combination of our existing and new well-sites. We will need to drill lateral wells and hydraulically fracture the Bowland section.”
• The Application should also be asked to clarify its long-term plans for the well-site, including how many new wells are to be drilled and how much more fracking would be required.

ACCIDENTS

• Toxic waste water containing NORM (Naturally Occurring Radioactive Materials) and dangerous chemicals in concentrated form (such as sulphuric acid) will be transported through Kirby Misperton village and stored on-site.
• Any accident where a spillage occurs could be extremely damaging to the environment.
• This presents an unacceptable risk to the local community.

GROUNDWATER POLLUTION RISKS

• If any fluids used for fracking, such as sulphuric acid, escape from the site they could contaminate the surrounding area, groundwater and local farmland.
• The pollutants could contaminate the local becks and rivers, killing fish and other aquatic species.
• Pollutants could also enter the local water network via the site drainage system.

GROUNDWATER MONITORING

• There should be a 12-month monitoring period of methane in groundwater before fracking, which is a requirement under the Infrastructure Act 2015.
• However, the applicant does not intend to monitor the groundwater for 12 months prior to fracking.
• Inadequate monitoring of fluctuating groundwater conditions will result in a lack of baseline data, meaning that the risk of pollution to water, the environment and public health cannot be correctly monitored and assessed.

AIR POLLUTION RISKS

• The exhaust emissions from HGV traffic, compressors and diesel generators will create increased air pollution near the site.
• These will expose local people (and workers at the site) to substances that are harmful to health and increase their risk of developing serious health problems in the future.
• There is also a significant health risk due from silicosis due to the large quantities of sand used in the fracking process.

DISTANCE FROM WELL-SITE TO VILLAGE

• Recently Thirsk and Malton MP Kevin Hollinrake went to Pennsylvania to investigate fracking, and returned with a number of demands for the fracking industry, including that no fracking site should be within one mile of a home or school.
• The centre of Kirby Misperton village is only half a mile from the KM8 well-site an therefore does not meet Mr Hollinrake’s criteria.

JOBS AND TOURISM

• The application at Kirby Misperton does not create a single new job.
• If fracking is allowed in Ryedale, it could threaten the jobs of thousands of hard-working people in the key local industries of tourism and agriculture.
• People will be less likely to come and visit the area if they feel that their peace and quiet will be compromised by fracking wells, their health is threatened by pollution, or that they will have to cope with large increases in HGV traffic on country roads.
• This is confirmed in the Draft DEFRA Report “Shale Gas Rural Economy Impacts Paper”, which says: Fracking “may reduce the number of visitors and tourists in the rural area, with an associated reduction in spend in the local tourism economy.”

EFFECT ON HOUSE PRICES

• The Draft DEFRA Shale Gas Rural Economy Impacts Paper states that “House prices in close proximity to the drilling operations are likely to fall. There could be a 7% reduction in property values within one mile of an extraction site.”
• Who will compensate local residents if they suffer losses on their properties, or they are unable to sell their house because it is too close to the well-site?

CUMULATIVE IMPACT

• There are already several gas wells in the area, including three on the Kirby Misperton site, and fracking would have a negative cumulative impact on what is a rural and peaceful area.
• Third Energy have already been given permission to produce gas at Ebberston Moor, which will involve extra traffic and other disruption involved in the pipeline construction.
• They are also applying to expand their operations in nearby Pickering. T
• here are also other major projects in the area, such as the Potash Mine, which will generate extra traffic.
• Approving fracking at Kirby Misperton will increase the creeping industrialisation of the area, which will affect the tourist industry in the region.
• The cumulative effect of all developments in the area must be taken into consideration.

EFFECT ON OTHER KEY RURAL ECONOMY INDUSTRIES

• If fracking is allowed in Ryedale, it will have a negative effect on other key industries in the area, threatening thousands of hard-working people’s jobs and livelihoods.
• This is confirmed in the government’s Draft DEFRA Shale Gas Rural Economy Impacts Paper, which says “Shale gas may transform a previously pristine and quiet natural region, bringing increased industrialisation. As a result, rural economy business that rely on clean air, land and water and/or a tranquil environment may suffer losses from this change, such as agriculture, tourism, organic farming, hunting, fishing and outdoor recreation.”

PRECEDENT

• If this application is approved, it may be harder for the Council to reject future fracking applications as a precedent will have been set.
• This could result in hundreds of fracking wells across Ryedale and North Yorkshire.
• Third Energy stated on 10th March that they were planning to establish 19 well-sites across Ryedale, with between 10 and 50 wells per site.
• There are now new PEDL licences all across North Yorkshire, all of which could have multiple fracking sites.
• Allowing fracking at Kirby Misperton could open the door to this damaging and destructive industry across the rest of Yorkshire and other parts of the UK.

CLIMATE CHANGE

• Shale gas is a fossil fuel and the UK urgently needs to reduce our CO2 emissions to combat climate change.
• A new fracking industry will lock us into using fossil fuels for decades to come, and also delay the move to clean renewable energy.
• The Council has a duty to take climate change into account when ruling on planning applications. The gas generated from this application will not be used as gas to heat people’s homes, but will be sent Knapton Generating Station to produce electricity. There are other, greener, cleaner ways to generate electricity that will not cause climate change.

LOCAL OPPOSITION BY ELECTED BODIES 

• The Ryedale District Council voted for a 5-year moratorium on fracking on 8th October, which the NYCC should take into consideration and respect the views of local people.
• Also nearby Town Councils at Malton, Norton and Kirkbymoorside have passed anti-fracking motions, as have a number of Parish Councils in the area.
• It is clear that the majority of people in the area don’t want fracking, and the council should reject the application on the grounds that there is no social licence for the development.

NORTH YORKSHIRE MINERALS AND WASTE JOINT PLAN

• The current Minerals and Waste for North Yorkshire does not include any guidelines whatsoever about fracking in the area, so it would be inappropriate for the NYCC to even consider any such applications, at least until a new Waste and Minerals Plan has been approved and put in place.

THE RYEDALE LOCAL PLAN

• There is no mention of fracking in the Ryedale Plan, which is the blueprint for development in the area and includes such things as housing, roads and other developments. This proposed development is therefore in direct contravention of the Ryedale Plan and should be rejected.

If there are other fracking-related issues you want to mention, then please do so, particularly any first-hand experience you have had of fracking, gas production or dealing with Third Energy, and any information on the dangers of fracking that you would like to share with the Planning Committee. The more personalised your objection is, the more powerful it will be.

And at the end of your objection, please remember to ask the County Council to reject the application.

Done. Anything else I can do to help?

Third Energy are 97% owned by Barclays Bank. Please email Barclays Chairman John McFarlane to ask him to divest from fracking by going to this Friends of the Earth action page. If you can personalise the email, it will have more impact.

We are also raising money to hire expert consultants to fight the application. Please donate via our KM8 fighting fund page.

And if you haven’t heard about the 14th round of PEDL Licences, which will open up most of Yorkshire, Lancashire and many other parts of the country to potential fracking, then check out our PEDL Licences page.

Finally, please share this page on Facebook and Twitter using the links below.

IT ALL STARTS WITH JUST ONE WELL …