Flax Bourton Parish Council

Fuel Depot Planning Application

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March Update: As yet no further planning applications had been submitted to North Somerset Council, however the Working Party continue to meet regulary to keep up to date on the situation.

Under recent legislation, the Crown has lost their immunity from the need for Planning Consent for land/property where hazardous materials are stored. The Oil and Pipeline Agency, on behalf of the MOD, has, therefore, submitted to North Somerset Council a "Deemed Consent Application" (rather like a retrospective planning aplication) in respect of the Fuel Depot in Station Road, Flax Bourton. The letter below is the Parish Council's letter of objection to the Deemed Consent Application.

If you would like more information on this issue, please call Council Vice Chairman Roger Higgins: 01275 464108.
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22nd February 2007

Dear Mr Willmot

FROM FLAX BOURTON PARISH COUNCIL

Following your note giving further time for comment, the Parish Council members and local residents have undertaken further research regarding the MOD's Fuel Depot site at Flax Bourton and have uncovered further significant information. The principle fact is that the depot has clearly been out of commission for several years. This is evidenced by
  • All fuel pipelines are disconnected
  • Photographs are attached showing five pipelines blanked - the rust and dirt surrounding the blanking plates demonstrate that this work was carried out several years ago. Photograph Nos 1 and 2 show four pipelines blanked, the fifth is blanked at a separate point - see photographs Nos 3 and 4.
  • The pumps for taking the fuel from the tanks into a road (or rail) tanker have been removed and merely 'stumps' remain where the pumps used to be attached. e.g. photograph No 7
  • The switchgear equipment is derilict
  • All fire hydrants are out of commission with access boarded up. See photographs Nos 5, 8 and 9
The Parish Council believes that this is clear evidence that kerosene and other fuels have not been stored at this site for some years and certainly not during the establishment period. For this reason we maintain that the deemed consent application is invalid as the Claimant has not complied with the requirements of s30B(3) of the Planning and Compulsory Purchase Act 2004 to supply the prescribed information. We ask that as a matter of urgency, North Somerset Council notifies the Claimant under s30B(6) that they consider the Claim to be invalid and to state their reason that there has not been a presence of the substances during the establishment period. Hopefully, this would avoid any implications of mal administration.

This latest evidence does, of course, give Flax Bourton residents other concens.
  • Is there a current certificate from the Health and Safety Executive for the site? Is there a build up of vapour in the tanks - potentially more dangerous than actual fuel! There is at, least, one open vent - see photograph No. 6. Also, see photograph No.10. I believe you are required to consult with the HSE on any application relating to hazardous substances. (GDPO Article 10)
  • Does the site carry the appropriate fire certificate and is it inspected regularly by the fire authorities?
Yours sincerely

Michael Barnes
Chairman
Flax Bourton Parish Council


Roger Higgins (Please reply to)
Vice Chairman
Flax Bourton Parish Council
01275 464108

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