March 2016
Why Friends of the Earth objects to fracking at Kirby
Misperton: A Summary for Councillors
In July 2015, Barclays Bank-owned Third Energy applied for planning permission to
carry out the controversial technique of high volume hydraulic fracturing (HVHF) or
‘fracking’ at their wellsite half a mile from the village of Kirby Misperton.
What are the benefits of this application?
The Written Ministerial Statementi on shale oil and gas published by the Secretary of
State in September 2015 has said that the development of shale gas must be safe,
secure and sustainable.
In order to be sustainable, our view is that the development must be weighed in the
context of our commitments to reduce greenhouse gas emissions.
The shale gas from the proposed exploration and production at Kirby Misperton
would be burnt at Knapton Generating Station, which is a comparatively inefficient
plant compared with what is now the industry standard.ii
The assertion that the production of shale gas is essential for UK energy security is
incorrect. A report for Friends of the Earth by Michael Bradshaw, Professor of Global
Energy at Warwick Business School, showed that the most effective way to ensure
gas and energy security in the UK is not by fracking but by cutting energy demand
and developing and promoting renewable energy systems.iii
Recent analysis from the UK Energy Research Centre on the future for gas in the UK
energy mix found that, contrary to statements from Government and industry, gas
has “no role as a bridging fuel” in the medium to long term.iv
Risks and impacts
The Government has confirmed that its ‘view’ on shale gas is no more than a
material consideration and carries no more weight than any other material
consideration. They have been clear that decisions need to be made in line with local
plans and that they are “committed to ensuring that local communities are fully
involved in planning decisions that affect them”.v
The application contains several substantial risks and impacts and these are,
broadly:
Landscape impacts and industrialisation
The site at Kirby Misperton is in a very rural setting and can be viewed from key
vantage points within the North Yorks Moors National Park and the Howardian Hills
Area of Outstanding Natural Beauty.
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Concerns have been expressed by North Yorks Moors National Park Authority over
the ‘creeping industrialisation’vi in the National Park and the adverse impact on the
tourism economy. Given the projected scale of Third Energy’s future plans to frack at
19 sites with between 10-50 wells per site including associated infrastructure such as
pipelines, compressor stations and pumping equipment, the cumulative
industrialisation of Ryedale should be a matter of concern for councillors.
This industrialisation brings significant risks to the local tourism sector which benefits
from 4.5m visitors per year, provides over 6800 jobs and generates over £278mvii.
A draft DEFRA report stated:
“Shale gas development may transform a previously pristine and quiet natural region,
bringing increased industrialisation. As a result rural community businesses that rely on
clean air, land, water, and/or a tranquil environment may suffer losses from this change such
as agriculture, tourism, organic farming, hunting, fishing, and outdoor recreation.” viii
Transport impacts
The traffic management route proposed by Third Energy includes a number of pinch
points where congestion and risks to vulnerable road users may arise. These include
the narrow road through Kirby Misperton village, the Grade II-listed bridge over the
Costa Beck and the right turn from Kirby Misperton Road onto the A169 Malton
Road.
Depending on the time of year of operation, the HGVs carrying flowback fluid and
fracking chemicals could potentially share Kirby Misperton Road with large numbers
of visitor traffic to Flamingoland, including cars and coaches, elevating the risk of
serious accidents. It is significant that the traffic assessment for the proposed
development was undertaken when Flamingoland was closed for the winter season
and there is no specific traffic flow data for the season when Flamingoland is in
operation.
The applicant seeks to mitigate the risk of damaging the Grade II-listed bridge by
ensuring that abnormal loads use the middle of the road at 5mph. Councillors need
to consider the considerable risk to other road users from queues forming on both
approaches to the bridge at peak periods where the national speed limit (60mph) is
in operation.
Risks to surface and groundwater
Risks of surface water contamination have been identified by numerous bodies
including the United Nations Environment Programix and the Environment Agencyx.
There are two main causes for concern in relation to water contamination at the KM8
site. Firstly, the proximity of the Sugar Hill Drain, a natural watercourse that runs
alongside the western perimeter of the KM8 site before flowing into Costa Beck with
further connections into the River Rye and the River Derwent Special Area of
Conservation (SAC). Secondly, we are concerned that the permeability of the
membrane on the southern half of the site (which lies downhill from KM8 and is
connected via an access ramp) presents a potential pollution pathway.
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It is understood that there is also a significant risk of groundwater contamination
because of the increased risk of well failure in fracking operations. A review of
published data by BrightAnalysis for Friends of the Earth showed that 5-9% of oil and
gas wells fail. Failure rates for unconventional wells are around 2-3 times that for
conventional wells.xi The application is to operate through a groundwater system that
“could support small locally important supplies” of waterxii but does not properly
assess the impacts on groundwater formations including the Osgodby Formation,
described as having “particular importance to agricultural supplies in the Vale of
Pickering and around Ampleforth.”
It is also concerning that most of the baseline testing and significant parts of the
overall plan are being submitted to the Environment Agency after it proposes to grant
environmental permits whereas the information should be provided beforehand to
inform the EA’s decision on whether to grant these permits.
Waste impact
The safe retention of fracking fluid underground proposed by Third Energy relies on
that waste remaining in the area into which it was injected. However, the US
Environmental Protection Agency has identified the significant risk of fluid migration
through “micro-fractures” which may be exacerbated in an area of large scale
geological faulting such as the Vale of Pickering.xiii
Third Energy have also stated that the amount of fluid flowing back to the surface
after injection will be a maximum of 50% of what they initially injected. However, the
only case of fracking in the UK to date saw flowback of up to 70%. If this is repeated
at Kirby Misperton, then there will be a lot more waste needing to be stored,
transported and managed at the surface.
It is clearly a planning matter to consider the availability of waste treatment capacity,
as this impacts on land use planning matters such as on-site storage and waste.
Impact on wildlife
The noise, light and worsened air quality from 24 hour fracking operations create
significant disruption for wildlife in the area around wells. Friends of the Earth is
concerned that the surveys required to measure the impact on local populations of
bats and other protected species have not been sufficiently robust and/or timed
appropriately.
Air quality impacts
Unconventional gas exploration commonly results in emissions to air many of which
are detailed in the application.
It should also be noted that Third Energy have produced various versions of their Air
Quality impact assessment with a wide variation in baseline levels of benzene, a
known carcinogen. Their latest assessment shows relatively low level of benzene
emissions when the site is dormant but that they rise rapidly to levels 60% higher
than the annual mean allowed by the UK Air Quality standard (5µg/m3) during
periods of unspecified site maintenance. xiv There has not been measurement of
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baseline levels in Kirby Misperton village which lies less than half a mile downwind
from the prevailing south-westerly wind.
A recent studyxv carried out by Newcastle University shows a potential for increases
of up to 30% in nitrogen oxides emissions at and near well sites due to traffic
movements. Nitrogen oxide pollution is associated with adverse health impacts and
respiratory problems leading to the reduced life expectancy.xvi It was also the subject
of a major Supreme Court decision last year in a case brought by Clientearth.
Health impacts
Public health impacts can arise both directly and indirectly. Indirect impacts on public
health such as public perception generating anxiety and stress should be
considered.
A growing number of Governmental bodies declaring moratoriums and bans on
fracking. For instance:
 the Scottish Government has declared a moratoriumxvii on fracking pending a
full review of the health and environmental impacts and public consultation.
 In January 2015, the cross-party Environmental Audit Committee also called
for a moratorium on fracking to “allow the uncertainty surrounding
environmental risks to be fully resolved”.xviii
 In October 2015, Ryedale District Council called for a five year moratorium on
fracking in the area pending further information on the associated risks. xix
In October 2015, the Concerned Health Professionals of New York released the third
edition of their Compendium of Scientific, Medical, And Media Findings
Demonstrating Risks and Harms of Fracking which reported an “ongoing upsurge in
reported problems and health impacts.”xx
Cumulative impacts
The application does not assess the cumulative impacts of the proposed
development with other oil and gas infrastructure in the surrounding area.
Surrounding operations include Knapton Generating Station; the KM3 injection well
operated by Third Energy on the adjacent site; interconnected pipelines connecting
approximately 6 conventional gas wells to KM3 and the gas well operations
themselves. For example it is currently unclear whether Third Energy’s other gas
wells will continue to produce gas during the fracking of the KM8 well. If so, the
cumulative impacts of Third Energy’s entire Ryedale Gas field operation may need to
be assessed with KM8’s operations.
Third Energy has made clear that this will be the first of many fracking wells across
Ryedale which will magnify the impacts on local residents and businesses. The
recent offers to companies in the 14th onshore oil and gas licencing round now
means that over 2000km2 of North Yorkshire is now potentially at risk from future
fracking developments.
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“We’ve said that we do not foresee the need for more than 10 more sites”.
“And how many wells we would put on those sites, we have provided numbers
between 10 and depending on the size of the site, it could be 10 to 20, if it was a
bigger site it could be 20-50.”
John Dewar (Third Energy)
Oral evidence to DEFRA Select Committee – March 2015
Impact on climate change
The Climate Change Act 2008 sets out the legal requirement for the UK to reduce its
carbon emissions by at least 80% by 2050. International action to tackle climate
change is essential and this has been recognized by North Yorkshire County Council
in its Climate Action Plan and target to reduce emissions by 34% by 2018-22.
It is significant that, since the application has been made, the Prime Minister has
signed up to the global climate change agreement [concluded in Paris last
December] which aims to keep global temperature rises to less than 1.5°C. Analysis
from Professor Kevin Anderson of the Tyndall Centre concludes that the
development of a shale gas industry is incompatible with meeting this target.xxi
The removal of Government funding for carbon capture and storage further
undermines the case for fossil fuel extraction.
Conclusion
Fracking carries many serious risks and potential impacts including to the health of
local people, contamination of the local environment and of causing climate change.
These are well known and have led to bans and moratoriums across the world.
In addition, there are specific risks posed by the proposal to frack in North Yorkshire
because of its rural nature and reliance on its natural beauty and agriculture for
much of its prosperity.
Further, there are accentuated risks due to the specifics of Third Energy's proposal
to frack at Kirby Misperton, including proximity to housing, potential traffic hazards,
and a large business stock that could be adversely affected.
It is clear that the proposed development is unsustainable, does not meet the
requirements of North Yorkshire Planning Policy (Minerals Plan Policy 4/1, 4/10,
4/14), Ryedale Local Plans (SP9, SP13, SP14, SP17) and national planning policy
(NPPF para 93-4, 143) and should, therefore, be rejected.
Friends of the Earth has objected to the application (NY/2015/0233/ENV) as it entails
substantial risk to the environment, to the health and wellbeing of local communities
and to the global climate. xxii
We have also responded to North Yorkshire County Council’s Regulation 22
consultation on supplementary information requested by the council after Third
Energy failed to provide it in their initial application. xxiii We welcome the County
Friends of the Earth • The Printworks First Floor 139 Clapham Road London SW9 0HP • Tel 020 7490 1555 • Fax 020 7735
5206 • www.foe.co.uk
Friends of the Earth Limited, registered in England and Wales, company number 1012357. Registered office: The Printworks 139 Clapham Road London SW9 0HP.
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Council’s decision to consult further with the public on the additional information
provided by the applicant but still consider that more information is required.
Contact:
Simon Bowens
Yorkshire and Humber Campaigner
Friends of the Earth
37 York Place
Leeds
LS1 2ED
[email protected]
0113 2428150
i
http://www.parliament.uk/business/publications/written-questions-answers-statements/writtenstatement/Commons/2015-09-16/HCWS202/
ii http://www.cpginteractive.com/usey/news_recent_2006_projfin.html
iii Professor Michael Bradshaw for Friends of the Earth, “Time to take our foot off the gas?”, 2012
http://www.foe.co.uk/sites/default/files/downloads/time_to_take_our_foot_off.pdf
iv UK Energy Research Centre – The future role for natural gas in the UK – February 2016
http://www.ukerc.ac.uk/asset/9E5B1FD5-AB5D-4D36-AE83671E76E0E180/
v http://www.parliament.uk/business/publications/written-questions-answers-statements/writtenstatement/Commons/2015-09-16/HCWS202/
vi North Yorks Moors Planning Committee report for Ebberston Moor South – August 2015
http://planning.northyorkmoors.org.uk/MVM.DMS/Planning%20Application/810000/810934/01%20NY
M2014-0587-EIA%20Committee%20Report%20(August).pdf
vii Ryedale District Council website - http://www.ryedale.gov.uk/business/support-for-tourismbusinesses.html
viii https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/440791/draft-shalegas-rural-economy-impact-report.pdf
ix “spills or leaks can also occur during the transport, mixing and storage of the water and flowback” http://www.unep.org/pdf/UNEP-GEAS_NOV_2012.pdf
x Consequences of spillages include “contamination and loss of resources, injury, ill health or death,
loss of or damage to habitat.” http://a0768b4a8a31e106d8b050dc802554eb38a24458b98ff72d550b.r19.cf3.rackcdn.com/LIT_8474_fbb1d4.pdf
xi http://www.foe.co.uk/sites/default/files/downloads/drillingwithout-fail-review-empirical-data-wellfailure-oil-gas-wells-46473.pdf
xii Appendix 20 Section 5.1 Planning Statement
xiii Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water
Resources http://ofmpub.epa.gov/eims/eimscomm.getfile?p_download_id=523540
xiv Air quality impact assessment of operations at the Kirby Misperton A wellsite Rev 10 – Third
Energy – September 2015
https://onlineplanningregister.northyorks.gov.uk/register/PlanAppDisp.aspx?recno=9761
xv http://www.sciencedirect.com/science/article/pii/S0160412016300277
xvi
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/411756/COMEAP_T
he_evidence_for_the_effects_of_nitrogen_dioxide.pdf
xvii http://news.scotland.gov.uk/News/Moratorium-called-on-fracking-1555.aspx
xviii http://www.publications.parliament.uk/pa/cm201415/cmselect/cmenvaud/856/856.pdf
xix http://democracy.ryedale.gov.uk/documents/g1466/Public%20minutes%2008th-Oct2015%2018.30%20Council.pdf?T=11
xx http://concernedhealthny.org/wp-content/uploads/2012/11/PSR-CHPNY-Compendium-3.0.pdf
xxi http://kevinanderson.info/blog/why-a-uk-shale-gas-industry-is-incompatible-with-the-2c-framing-ofdangerous-climate-change/
xxii https://www.foe.co.uk/sites/default/files/downloads/objection-kirby-misperton-fracking-application93450.pdf
Friends of the Earth • The Printworks First Floor 139 Clapham Road London SW9 0HP • Tel 020 7490 1555 • Fax 020 7735
5206 • www.foe.co.uk
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Our paper is totally recycled.
xxiii https://www.foe.co.uk/sites/default/files/downloads/fracking-ryedale-regulation-22-submission93452.pdf
Friends of the Earth • The Printworks First Floor 139 Clapham Road London SW9 0HP • Tel 020 7490 1555 • Fax 020 7735
5206 • www.foe.co.uk
Friends of the Earth Limited, registered in England and Wales, company number 1012357. Registered office: The Printworks 139 Clapham Road London SW9 0HP.
Our paper is totally recycled.