HC Deb 03 February 1982 vol 17 cc129-30W
Mr. Patrick McNair-Wilson

asked the Minister of Agriculture, Fisheries and Food if, in the light of the views of the Forestry Commission and the provisions of section 7 of the New Forest Act 1877, he intends to take steps to prevent oil exploration by drilling in the Denny Inclosure in the New Forest, planning permission for which has been applied for by Shell UK Ltd.

Sir David Price

asked the Minister of Agriculture, Fisheries and Food if, either on his own behalf or on that of the Forestry Commission, he intends to take steps, in the light of the provisions of section 7 of the New Forest Act 1877, to prevent oil exploration by drilling in the inclosures in the New Forest, planning permission for which has been applied for by Shell UK Ltd.

Mrs. Fenner

[pursuant to her reply, 25 January 1982, c. 288]: The Forestry Commission on my right hon. Friend's behalf has already advised the planning authority that, subject to any legal constraints, if planning permission is granted, or granted subject to conditions, the company would not be denied the necessary access and facilities to sink an exploratory borehole.

Section 7 of the New Forest Act 1877 does not prevent my right hon. Friend from granting a lease or access rights in the New Forest inclosures. Section 6 of the Act permits land, which has been "inclosed" for growing timber and trees, to be laid open. Such land will no longer be appropriated to growing timber and trees but would become subject to common rights. Any lease or access right, which may be granted to Shell UK Ltd., would, however, thereupon become subject to common rights which affect the forest. Before work could proceed, it would be necessary for the company either to obtain freedom from the common rights or, with the consent of the verderers under section 19 of the New Forest Act 1949, for these rights to be transferred to other land which would have to be contiguous to the forest.

Mr. Patrick McNair-Wilson

asked the Minister of Agriculture, Fisheries and Food if he is satisfied that Shell UK Ltd. have obtained from the Forestry Commission the necessary permissions for access to and from Denny Inclosure in the New Forest, in view of the constraints placed upon access by section 7 of the New Forest Act 1877.

Sir David Price

asked the Minister of Agriculture, Fisheries and Food whether any agreement has been entered into between Shell UK Ltd. and the Forestry Commission, allowing the former access to the Denny Wood Inclosure for the purpose of drilling for oil.

Mrs. Fenner

[pursuant to her reply, 2 February 1982, c. 72]: No permission has been granted or agreement entered into on my right hon. Friend's behalf allowing Shell UK Ltd. access to Denny Wood in order to drill for oil. The question will not arise unless the company is granted planning permission.