Response 3985546
Response to request for information
Reference
3985546
Response date
23 April 2026
Request
I write in relation to the proposed Gamston Fields development and recent online correspondence regarding the underground pipeline noted within the site.
We wish to express support for the Council’s careful and evidence-based approach in considering all potential infrastructure constraints, including the pipeline referenced in the Council’s Supplementary Planning Document (SPD), which states:
“There is an underground pipeline running on a broadly north-south axis through the site, predominantly to the west of Tollerton Lane which has a 3 m easement either side, all development must be located outside of the easement.”
We note that the SPD identifies the presence of the easement and correctly advises that development should avoid this corridor. It is, however, important to clarify that the SPD does not confirm ownership or confer rights to any third party over the land or the pipeline itself.
Based on publicly available information, the pipeline is reported as being owned by Mainline Pipeline Limited, with a dedicated contact line (0800 7560804) for asset protection enquiries. Accordingly, any claims by East Midlands Pipeline (EMP) to ownership or easement rights over the pipeline at present appear prospective and contingent upon completion of a formal acquisition.
EMP has stated that it is “in the process of finalising purchase” of the pipeline asset and intends to repurpose it for hydrogen transportation.
This raises a significant inconsistency: EMP’s claims of ownership, easement rights, and stakeholder status appear contingent upon a future acquisition, yet correspondence suggests they are being treated as a party with established rights.
In the interests of transparency and proper planning procedure, we respectfully request clarification regarding the following:
- Whether EMP has provided documentary evidence confirming ownership of the pipeline asset;
- Whether EMP currently holds any easement rights over the land in question, or any legal authority to assert control;
- Whether EMP’s claims are based on anticipated future acquisition, and if so, whether any formal agreements with Mainline Pipeline Limited exist;
- How EMP’s claimed status as a stakeholder in the planning process is justified in the absence of demonstrated legal rights.
We recognise that it is routine for third parties to request engagement with developers; however, where ownership and legal rights are not yet established, it is essential that any requests are treated as preliminary and not as confirmation of enforceable constraints on development.
While engagement by third parties is routine and appropriate, it is crucial that claims of rights and ownership are verified. Given that the land in question is understood to be partly publicly / privately owned, clarity regarding the legal position of EMP’s claims will ensure decisions are based on evidence, not assertion, and help maintain public confidence in the planning process.
We trust that the Council will continue to adopt an evidence-based approach and seek appropriate verification before treating EMP’s claims as a confirmed constraint.
Response
Thank you for your email dated 5 April 2026. We have handled your request under the Freedom of Information Act (FOIA) and Environmental Information Regulations (EIR).
You have asked the Council four questions.
In respect of questions 1, 2 and 3 no information is held.
In respect of question 4, this is not a request for information and is not a valid request under the FOI or EIR. The FOI and EIR, applies to recorded information held by public authorities only.