Contact: Lindsey Hawke - Ext: 7333

1. Summary

At its meeting on 28 November 2001, the Regulatory Committee authorised Members appointed to this Panel to determine an application by GMK Limited for their assent to the establishment of a magazine for explosives at new premises on Segensworth North Industrial Estate.

2. The Application

2.1. The responsibility for granting licences for the establishment of a magazine for explosives lies principally within the Health and Safety Executive (HSE).
However, the legislation requires the applicant also to obtain the assent of the County Council. The HSE must approve the application before the applicant may seek the assent of the County Council. They have in this case already issued their approval to GMK Limited applying to the County Council. The HSE are also responsible for the eventual granting of the licence.

2.2. Public notice of the application has been given, in accordance with the legislation, which allows objectors who have given due notice of their objections to appear at the hearing. No notice of any objection has yet been received.

2.3. The following have been provided with a copy of the application and their responses are attached at Appendix A.

Chief Fire Officer
County Trading Standards Officer
County Planning Officer
Chief Constable
Fareham Borough Council
Winchester City Council

2.4. A copy of the Health and Safety Executive's assent to the application being made to the local authority and the terms of the draft licence which have been approved by the Health and Safety Executive, are attached (referred to as Appendix B).

2.5. The applicants have been invited to attend to explain their proposals fully. Officers of the Departments consulted have also been invited to attend to give any advice required and answer questions.

2.6. Under the Explosives Act 1875 and Guidance notes issued by the Health and Safety Executive, the applicant has to publish notice of the application in two local newspapers and serve copies of the notice on the Chief Executive of the District Council in whose area the site is situated (Fareham District Council) and the Chief Executive of any adjacent District Council, if the site is within one mile of that Council's jurisdiction (Winchester City Council).

Subject to the satisfactory service of these notices, there appears to be no reason in law why Members should not give their assent to the application.

2.7. The Panel, on behalf of the Regulatory Committee, will be asked to give their assent to the establishment of the magazine, with or without condition or dissent from the same.

RECOMMENDATION:

That, Members are requested to consider the application and determine it accordingly.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

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