Removal of fuel-tank condition at Units 2a and 2b 38 Boucher Road, Belfast

What was proposed

The application sought removal of a condition requiring fuel tanks and associated infrastructure to be decommissioned and removed.

“The application seeks planning permission for the removal of condition 9 of LA04/2024/0714/F as it does not meet the tests of validity of planning conditions, as the tanks referenced are not to be decommissioned.”

“The development hereby permitted shall not commence until all fuel tanks (and associated infrastructure) are fully decommissioned and removed in line with current Guidance for Pollution prevention (GPP 2). The quality of surrounding soils and groundwater should then be verified and agreed with the Planning Authority. Should any additional contamination be identified during this process, conditions for new contamination and risks, as detailed, will apply.”

Officer report

The site and its surroundings

The site is a former retail warehouse on Boucher Road in an area mainly occupied by retail warehouses and other commercial uses.

“Description of Site The building is comprised of the former B&Q retail warehouse on Boucher Road, who operated from the building from 1999 until they terminated their lease in 2016. The building is located on Boucher Road, an area of mixed but mainly retail dominated uses of both comparison and convenience goods. The occupier of the remainder of the building is The Range.”

“On the northern boundary of the land on which the building is located are a pair of retail warehouses, to the north of the site is a block of retail warehouses, on the opposite side of Boucher Road are more retail warehouses. To the south of the Building are a mix of uses including vehicle storage, leisure uses, self-storage and a brewery.”

Officer report

Earlier planning permission

Earlier permission approved a private medical facility with overnight residential care and associated development.

“Site History LA04/2024/0714/F - Proposed development to create a private medical facility (a hospital within Class C3) comprising of the change of use of part of retail warehouse and the extension of the building to create a private medical facility with a significant element of overnight residential care together with all associated ancillary development. Approved 21/01/2025”

Officer report

Why officers recommended approval

Officers considered the condition unnecessary, irrelevant and unreasonable because the on-site tanks were intended to remain in use.

“The GQRA submitted with the approval application (Ref:LA04/2024/0714/F) illustrates on page 7 at figure 2.2 that there are two fuel tanks on the site and a third located on neighbouring land. The ‘Off Site Fuel Tank’ is not part of this application and is therefore not covered by the permission and in any event the applicant has no control over the tank on the third party land and therefore cannot remove it.”

“The agent has considered this matter further and provided a clarification note which concludes by indicating that the tanks within the site are not being decommissioned and hence condition 9 must be considered to be not necessary or relevant to the development proposed.”

Officer report

Consultation response

The environmental regulator was content with removing the condition after confirmation that no fuel tanks would be decommissioned or removed.

“Based on the confirmation included in the letters from PRAGMA Planning and RPS that no fuel tanks will be decommissioned and removed as part of the development, Regulation Unit Land and Groundwater Team are content and recommend the removal of Condition 9.”

“Therefore, the removal of condition 9 is acceptable.”

Officer report

Neighbour views

The application was neighbour notified and no objections were received.

“The application was neighbour notified on 07/11/25 and no objections were received. 9.0 9.1”

Officer report

What was explained

The Principal Planning Officer explained the proposal, reported the regulator’s response and advised approval having regard to planning considerations.

Committee decision

The committee approved removal of the condition and delegated authority to finalise wording and handle non-substantive matters.

“The Committee approved the removal of Condition 9 and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions and to deal with any other matters that might arise, provided they were not substantive.”

Minutes