CLACKMANNANSHIRE COUNCIL

Report to Council Regulatory Committee of 7th June 2007

Subject: Installation Of 6 Gas Tanks At Dollarbeg, Dollar - Ref: 07/00092/FULL

Applicant: Manor Kingdom Ltd, Regency House, Halbeath Industrial Estate, Dunfermline, KY11 7EG

Prepared by: Grant Baxter, Principal Planner

Ward: 5 Clackmannanshire East

1.0SUMMARY

1.1.This application relates to the installation of an above ground LPG gas tank farm to serve the new residential development at Dollarbeg. This is a retrospective application.

1.2.The applicant has constructed, without the benefit of planning permission, this development in a manner that creates a significant detrimental visual impact to this rural site and in particular, the prominent entrance to this development. Alternative locations are avilable.The planting and screening proposals submitted with the application are considered to be inadequate to deal with the significant visual impact the development has created and as a result, the application is recommended for refusal and enforcement powers are sought for the removal of the tank farm.

2.0RECOMMENDATION

2.1.It is recommended that the application is REFUSED for the following reason:-

  1. The proposed development, by virtue of its visual impact and inappropriate siting within a highly prominent rural roadside location is contrary to Policy ENV3 Development in the Countryside of the Clackmannanshire & Stirling Structure Plan 2002, Policy EN2 Landscape and Ecology, Policy EN11 Enhancing Environmental Quality and Policy EN18 Development in the Countryside of the Clackmannanshire Local Plan 2004.
  2. The proposed development is of an industrial character and appearance and would create an unacceptable degree of visual harm on this rural public road frontage and in the context of the high quality landscape entrance to the Dollarbeg development.

2.2It is further recommended that the Committee authorisethe use of enforcement powers requiring the removal of the unauthorised development and reinstatement of the site to its former condition.

3.0BACKGROUND

3.1.The application involves the installation of 6 LPG gas tanks at the access road serving the new Dollarbeg housing development adjacent to its junction with the B9140. Each tank has a capacity of 4000 litres, measures approximately 4.6m long by 1.25m high and set on a concrete plinth. The tanks are green in colour and sit in a row approximately 1m apart. As the tanks have been installed on the site, this is now a retrospective planning application. Photographs of the development will be circulated at the meeting.

3.2.The tanks provide LPG to the adjacent Dollarbeg development which, as members will be aware, is a development of 30 detached houses, and 10 flats within the converted Dollarbeg House and the site lies within an area of countryside as identified by the Clackmannanshire Local Plan, 2004.

3.3.A below ground gas tank farm exists on the opposite side of the development access road from the current proposal. The planning application for this installation (05/00358/FULL) was approved on 14th December 2005 under delegated powers. It is understood that this was designed to serve the whole of the Dollarbeg development, however it subsequently proved to be inadequate and meant that an additional gas tank farm of similar size would be required. This is partly a result of the below ground nature of this installation and the significant loss in capacity (approximately 50%) that results compared to an above ground installation. Hence the applicant’s desire for the new installation to be above ground.

3.4.With a view to identifying possible options for the most appropriate location of the additional gas tank farm, a site meeting was held between Council officials and representatives of ManorKingdom. While a number of possible sites were considered during this meeting, for example close to the private treatment works serving the site or set back from the link road between the two parts of the adjacent development, no final agreement was reached on the most appropriate location for any additional gas tank farm. The current planning application site was not specifically considered during this meeting, however the requirements for any tank farm to be easily serviceable were discussed and the applicant’s preference for a roadside location was stated. The visual sensitivity of the site’s entrance and visibility from the public road were acknowledged by both parties. The applicants indicated that their preference would be for an above ground tank farm as this arrangement maximised the capacity of the tanks in comparison to below ground.

3.5.Shortly after the site meeting, the applicants proceeded with their planning application and works commenced on the construction of this facility without the benefit of planning permission. Works were completed despite a request from the Council’s Development Services that they cease pending determination of the planning application and an assurance from the applicant that this would be the case. It is understood that the tank farm is now completed and fully operational. The applicant has also undertaken planting around the tanks in the form of trees and shrubs.

4.0CONSULTATIONS

4.1.Roads & Transportation - No objections subject to a layby being formed fronting the tanks such that the largest vehicle expected to serve the site should be able to park safely off the potential adopted road whilst refilling/servicing takes place. Comment: There is no layby proposal nor is there a layby serving the gas tank farm on the opposite side of the access road.

4.2.Land Services have expressed concern regarding the location of the site in visual impact terms and the removal of the existing planting to form the tank farm.

4.3.Environmental Health – No objections to the proposal.

5.0REPRESENTATIONS

5.1.There were no neighbouring properties that required to be notified of this planning application, and no representations have been received.

6.0PLANNING CONSIDERATIONS

6.1.The application requires to be considered in relation to the provisions of the Development Plan unless material considerations indicate otherwise. The key policy from the Clackmannanshire and Stirling Structure Plan 2002 is Policy ENV3 Development in the Countryside. The key policies from the Clackmannanshire Local Plan 2004 are Policy EN2 Landscape & Ecology, Policy EN11 Enhancing Environmental Quality, and EN18 Development In the Countryside.

6.2.The key issues for consideration in respect of the above noted policies are as follows:

  • The need for a countryside location.
  • The suitability of the proposed site and availability of any alternatives.
  • The adequacy of screening proposals.
  • The Need For A Countryside Location – Policy ENV3 of the Structure Plan and Policy EN18 of the Local Plan indicate that developments in the countryside should be restricted to those that specifically require a countryside location. In this case, the gas tank farm is required to serve a rural housing development which is not connected to the mains gas system. Given all of the site and its surroundings are located in the countryside, and the development relates to the essential supply of heating to the houses and flats, the gas tank farm in this case would appear to meet this requirement.
  • Suitability of the Proposed Site – The process of considering alternative options for the location of the gas tank farm is outlined in the Background section above. It is considered that this process did not reach a satisfactory conclusion prior to the applicant deciding to apply for and construct the gas tank farm in the current location. The applicants have highlighted the ease of servicing the tank farm in this location and the enhanced capacity the above ground facility gives as the key reasons for choosing this option. Nonetheless, this choice, and the decision to construct the tank farms without planning permission were taken contrary to the advice of Development Services and in the knowledge of concerns regarding the visual impact of the development. The tanks are set back from the site access road by approximately 10m and from the B9140 public road by approximately 40m. Whilst there is a wooded backdrop, the tanks are significantly open to view from both adjacent roads.
  • In considering the positioning of the tanks under the provisions of Development Plan policy, it is clear that their location does not respect and preserve features contributing to the local character nor do they integrate well with the landscape character of the immediate surroundings. In addition, the form, scale, layout and materials neither reflect nor enhance the character of the surrounding area and in particular the entrance to this rural development which is characterised by woodland and new planting, stone walls and public art.
  • Adequacy of Screening Proposals – In addition to the 1.8m high chainlink fence surrounding the gas tank, the applicant has proposed and partially completed a scheme of planting around the gas tank farm. It would appear however that the tanks and fencing will still be significantly open to view from the main road and development access road as the planting matures.
  • In summary, it is considered that the applicant has not fully considered all the options for locating the development in a manner that is appropriate to the site and its landscape setting, and not open to public view on a prominent roadside frontage. The applicant has instead applied for and constructed, without the benefit of planning permission, the development in a manner that is unnecessarily harmful to the site entrance. The planting and screening proposals submitted with the application will not mitigate the significant visual impact the development has created and as a result, the application is recommended for refusal.

7.0SUSTAINABILITY IMPLICATIONS

7.1.None.

8.0FINANCIAL IMPLICATIONS

8.1. None

8.2.Declarations

(1)The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

  • Corporate Priorities (Key Themes) (Please tick )

Achieving Potential
Maximising Quality of Life
Securing Prosperity
Enhancing the Environment
Maintaining an Effective Organisation

  • Council Policies (Please detail)
  • Community Plan (Themes) (Please tick )

Community Safety 
Economic Development
Environment and Sustainability
Health Improvement

(2)In adopting the recommendations contained in this report, 
the Council is acting within its legal powers. (Please tick )

(3)The full financial implications of the recommendations contained
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

______
Head of Development Services

Report For Gas Tanks At DollarbegPage 1 of 6