Contact: Liz Ellam, Principal Solicitor 01962 847371

e-mail: [email protected]

1. Summary

An application for the Council Council's assent to the storage and handling of explosives at Fort Nelson has been received. No objections or representations have been received and the recommendation is for assent to be given.

2. The Application

2.1 The responsibility for granting an `explosives site licence' to Royal Armouries Fort Nelson lies with the Health and Safety Executive (`the HSE'). However, the legislation also requires the applicant to obtain the assent of the County Council to the proposal. The HSE must issue a draft licence before the applicant may seek the assent of the County Council

2.2 A copy of the HSE's letter to the Royal Armouries, the application and the draft licence which has been issued by the HSE are attached as Appendix 1 to this report.

3. The legal process

3.1 Under the Manufacture and Storage of Explosives Regulations 2005 and Guidance Notes issued by the Health and Safety Executive, the applicant has to publish notice of the application in a local newspaper giving details of the application, inviting representations on matters affecting the health and safety of persons other than the applicant's employees.

3.2 This notice was published in the News on 25 January 2008. Due to an administrative error, the applicant was advised (by the HSE) that Winchester City Council were the relevant local authority (rather than the County Council). However, the HSE have confirmed they are happy to proceed with the application on the basis that any representations received by the City Council would be forwarded to Hampshire County Council. Winchester City Council have not received any representations.

3.3 The applicant must also take reasonable steps to give the information specified in the notice to every person who resides or carries on business or other undertaking within the `public consultation zone'. This is the area around the store/building containing the explosives, which has a radius equivalent to double the `separation distance' which applies to that store/building. The separation distance is the distance between the store/building and any other building or place at which people are likely to be present.

It is understood the applicant has sent a copy of the notice with a covering letter to the relevant properties.

3.4 Whilst there are no formal statutory consultees the County Council has asked the Fire and Rescue Service, the Police and the Trading Standards Department if they wish to comment on the application. The Police have no objection. The comments of the Fire and Rescue Service and Trading Standards have not yet been received. The Local Members, Councillors Price and Allgood, have been informed.

3.5 Under the legislation, `in considering whether to assent, the [County Council] shall have regard only to health and safety matters'. In the absence of any representations on those matters and noting the approval of the Police, and subject to any comments received from the Fire and Rescue Service and Trading Standards, the recommendation is for assent to be given.

3.6 The applicant has been invited to attend the Regulatory Committee meeting.

RECOMMENDATION

That, Members agree to the application by the Royal Armouries Fort Nelson for assent to the storage and handling of explosives at Fort Nelson, Fareham.

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.

TITLE

File PR180A9 relating to the application held in the Chief Executives Democratic Services' section.