Three underground LPG tanks at Land At Home Farm, 25 Main Street, Oakthorpe

What was proposed

The application sought to retain three underground LPG tanks serving an approved development of 28 houses, with fencing and gravel surfacing.

“Planning permission is sought for retention of 3 no. underground LPG gas tanks. These are required to serve an approved residential development that has been constructed for 28 houses on land at Home Farm, Main Street in Oakthorpe. The gas tanks are on land to the rear (south) of this housing site. Green paladin fencing would be erected around the tanks and a small green utility box is located within the site.”

“The development in this application was not included in the original outline and reserved matters applications. This application is retrospective, with the works being completed in July 2024. This application has been submitted in a response to an enforcement investigation by the Council’s Enforcement Team.”

Officer report

Site and surroundings

The site is outside the settlement development boundary, within the River Mease Special Area of Conservation and near three public rights of way.

“The site is located outside Limits to Development, as defined by the Policy Map to the adopted Local Plan. The application site is located within the River Mease Special Area of Conservation and is within the Coal Mining High Risk Development Area.”

“The site is within close proximity to existing public rights of way consisting of P71, P72 and P74, all of which are located within the wider field where the application site is situated. Some of the rights of way are in the process of being diverted to accord with the details approved for the recently constructed new housing estate, however this process has not yet been completed.”

Officer report

Officers’ recommendation

Officers recommended approval because the proposal was considered acceptable in principle and would not cause significant harm across the assessed planning matters.

“Whilst the application site is outside the defined Limits to Development in the adopted Local Plan and is not a form of development supported under Policy S3, given its similarity to other types of development that are permitted under this policy, the principle of the development is considered acceptable.”

“The proposed development does not give rise to any significant impacts regarding residential amenity, visual impact, highway safety, public rights of way, flood risk, coal mining, contaminated land, ecology, River Mease SAC and public safety. There are no other material impacts identified, that would indicate that the proposal is not in compliance with the NPPF or local development plan policies.”

Officer report

Consultation responses

Most consultees raised no objection, while the footpath association asked the council to consider the safety of path users.

“Leicestershire Footpath Association - advise that the Local Planning Authority consider the safety of the public footpath users.”

“No objection from: NWLDC Environmental Protection LCC Ecology Natural England County Highway Authority Coal Authority Health and Safety Executive (HSE) Environment Agency…”

Officer report

Public comments

Two representations raised safety, large-vehicle access, historic contamination, the tanks’ position above ground and the retrospective application.

“- Concerns over historic contamination of the site.”

“- Neighbour considers that the tanks are above ground not below.”

Officer report

Who spoke

The senior planning officer presented the application, and the agent spoke in support and highlighted the lack of objections.

Committee discussion

Members supported the application and asked about footpath diversions and whether the tanks would be used if further development occurred.

“A question was asked related to footpath disruption and possible diversion routes should further development on the site be necessary. The Planning and Development Team Manager responded that the new development would accommodate the footpaths on the new route and confirmed that diversion routes would be put in place if needed.”

“Chair’s initials It was also questioned whether the gas tanks would be used if there were to be further development on the site. The Planning and Development Team Manager replied that, in the event of further development, the building regulations may be changed, and that fossil fuel heat sources would not be used.”

Minutes

The vote

The recommendation to permit was moved and seconded, then carried after a recorded vote.

“The Officers recommendation to permit the application was moved by Councillor J Legrys, seconded by Councillor R Canny.”

“The Chair put the motion to the vote. A recorded vote being required, the voting was as detailed below and…”

Minutes

The decision

The application was permitted without modification.

“The application be permitted without modification.”

Minutes