HC Deb 25 January 1982 vol 16 cc252-3W
Mr. Patrick McNair-Wilson

asked the Secretary of State for the Environment if he will suspend forthwith the public planning inquiry currently being held at Lyndhurst, Hampshire, into the application by Shell (UK) Ltd. to drill for oil in the Denny Inclosure in the New Forest on the grounds that section 7 of the New Forest Act 1877 prohibits the use of an inclosure for any purpose other than the growing of timber and trees and that it should be free from all rights and claims.

Mr. Giles Shaw

I see no need to suspend this inquiry. Planning permission for development is required under the Town and Country Planning Act 1971 and, if granted, operates only for the purposes of that Act. It does not override any other legal constraints there might be on development such as section 7 of the New Forest Act 1877. Any such constraints remain enforceable in the courts.

Sir David Price

asked the Secretary of State for the Environment whether, in deciding to set up a public inquiry into the application by Shell (UK) Ltd. to explore for oil in the Denny Inclosure in the New Forest, he took into account the restrictions imposed on the use of the land by section 7 of the New Forest Act 1877.

Mr. Giles Shaw

Section 7 of the New Forest Act 1877 was not taken into account in calling in Shell UK's planning application, and hence in setting up the public inquiry. This inquiry is concerned with planning issues, and a decision to grant planning permission in this case would not override any other legal constraints affecting the land.