Chamber and committees

In October 2019, we reached our final policy position of no support for the development of unconventional oil and gas in Scotland. This means no support for development connected to the onshore exploration, appraisal or production of coal bed methane or shale oil or shale gas using unconventional oil and gas extraction techniques, including hydraulic fracturing and dewatering for coal bed methane.

Following the devolution of onshore oil and gas licensing in February 2018, Scottish Ministers are now the licensing authority for onshore oil and gas development in Scotland. These devolved powers extend to the granting, regulation and administration of onshore licensing. It is wholly within the scope of our powers to decide whether or not to invite new applications for licences for the purposes of exploring and developing unconventional oil and gas (which includes fracking and de-watering for coalbed methane extraction). Given our policy of no support, it is not anticipated that we will offer any new licensing rounds for unconventional oil and gas development in Scotland.

There are currently 2 Petroleum Exploration and Development Licences held in Scotland. We do not consider that new legislation is necessary, at this time, to control unconventional oil and gas development under these existing licences in Scotland. We believe a strong policy position enacted through planning and onshore oil and gas licensing is sufficient (however, that option remains open if there is evidence that further action is required). The finalised policy of no support for unconventional oil and gas development enables us to set a framework for the exercise of planning functions and our functions in respect of onshore oil and gas licensing.

We recognise that applications for planning and other necessary consents may be made by those holding these licences. Any such application will require to be determined by the relevant authorities, or decision-makers, according to the law and policy in force at the relevant time. As a matter of law, all planning applications must be determined in accordance with the development plan, unless material considerations indicate otherwise. Planning decisions must be determined on their individual merits but our final policy of no support for unconventional oil and gas development will be a material consideration for decision makers in the consideration of planning applications and appeals. Should a planning authority receive a planning application for unconventional oil and gas development, and should the authority subsequently propose to grant planning permission, the authority is required to notify Scottish Ministers, and we can consider whether to call the application in for our own determination.

The final policy of no support for unconventional oil and gas is reinforced in the National Planning Framework 4 (NPF4), which was approved by the Scottish Parliament on 11 January 2023. The next steps are set out in a Chief Planner letter issued on 16 January, which confirms our intention of adopting and publishing NPF4 on 13 February. Once adopted, NPF4 will form part of the statutory development plan, meaning its policies will be highly influential in day-to-day planning decision making.