Planning issues in fracking

Hydraulic fracturing, known as fracking, is a technique used in the extraction of gas and oil from ‘shale’ rock formations by injecting water, sand and chemicals at high pressure.

Consents for fracking

Broadly, there are four stages of shale gas development: exploration, appraisal, development and production, and decommissioning. A variety of consents are needed for each stage, including:

  1. •

    licensing consents from the government (see Practice Note: Fracking—regulatory issues)

  2. •

    land use permission (see Practice Note: The planning regime for hydraulic fracturing (fracking) in England)

  3. •

    environmental permits (see Practice Note: Fracking—environmental issues), and

  4. •

    other consents from a variety of other bodies including landowners

This overview focuses on planning permission and planning policy. For the wider regulatory regime, see the Practice Notes referred to below.

Each stage of a shale gas project constitutes a mining operation...

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