Test Valley Borough Council – Southern Area Planning Committee – 9th May 2006

ITEM 10

APPLICATION NO. 06/00715/FULLS APPLICATION TYPE FULL APPLICATION REGISTERED 09 March 2006 APPLICANT Harving Ltd SITE Royal Naval Armament Depot, East Dean Road, West Dean, EAST DEAN WEST TYTHERLEY PROPOSAL Change of use of bunkers and buildings to south of complex to B8 use (warehousing/distribution) AMENDMENTS None CASE OFFICER Miss Katherine Fitzherbert-Green

Background paper (Local Government Act 1972 Section 100D)

1.0 INTRODUCTION 1.1 This application is presented to Committee in accordance with the Officer Code of Conduct in that a member of staff is related to a member of East Tytherley Parish Council who were notified of the application.

2.0 SITE LOCATION AND DESCRIPTION 2.1 DMC Dean Hill is a former Ministry of Defence (MoD) munitions depot situated to the south of the villages of East Dean and West Dean on the Hampshire/ border. The site covers 237 hectares (585 acres) of which approximately two thirds lie in Test Valley and the remainder within District. Established in 1938, the site was used for munitions storage and maintenance with approximately 90 persons employed on site, plus varying numbers of contractors and military personnel. The subject of this application is for the reuse of the 24 bunkers that have been cut into the hillside to the south of the site and historically used for munitions storage and adjacent ancillary buildings. The majority of the bunkers sit within Test Valley, although 9 straddle the boundary and 6 wholly fall within the area covered by Council. The bunkers are of two sizes, 334sqm and 753sqm and are accessed through the site and sited behind a blast bank.

2.2 The site is located within designated countryside, with a small section also within the West Dean Conservation Area. The remainder of the site is open and laid to grass and lies parallel to East Dean Road stretching southwards on rising land to a wooded and grassed scarp enclosed by security fencing. Adjacent land is used for agriculture let to local farmers.

3.0 PROPOSAL 3.1 In August 2002, ministerial approval was given for the closure of the site as being surplus to requirements. Rather than redevelop the site, this application seeks permission for the change of use of existing bunkers for storage uses other than for munitions. The bunkers are to be retained in their current form and are already temperature and humidity controlled. The scheme intends to make use of existing hardened surfaces for parking for both cars and motorcycles and cycle sheds for cycle parking. The number of people employed in this section of the site is likely to range below 2 – 10 persons to

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oversee security and any loading or unloading.

4.0 HISTORY 4.1 There have been a number of applications at this site upon which the Council were consulted. These principally consisted of minor works to the site, such as installation of calor gas tanks, refurbishment of and extension to buildings, construction of storage buildings and provision of access roads.

4.2 More recently an application for a Compliance Determination was received under Section 302 Schedule 15 of the Town and Country Planning Act 1990. This application sought to establish that no breach of planning control took place when the buildings were constructed therefore all buildings within the site are immune from enforcement action when the site ceases to be in Crown ownership. The application was withdrawn in March 2006.

5.0 CONSULTATIONS 5.1 Landscape No objection subject to conditions.

Highways Comments awaited at time of writing report.

Environment & No objection. Health

English Nature Comments awaited at time of writing report.

Environment No objection subject to conditions. Agency

Southern Water There is an existing private sewerage system with its on site treatment works. It is presumed that the existing arrangement will continue. There is obviously existing arrangements for the water supply.

Salisbury District Comments awaited at time of writing report. Council

6.0 REPRESENTATIONS Expired 28.04.2006 6.1 West Tytherley No objection in principle however the following concerns are and West Dean raised: Parish Councils  Increased noise and vehicular movements through the (joint response) villages contrary to the Planning Position Statement.  Request restriction on delivery times to B1 units.  Would like assurance that noise levels would be kept to a minimum by whatever means appropriate.

East Dean Objection on the grounds of: Parish Council  Increase in traffic giving concern about its frequency, movement and potential size of vehicles given narrow, windy roads.

2 letters Support  The site needs to be used for something.  Business premises are in short supply and local employment is needed.  No objection to principles of reusing the site.

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100 letters Objection on the grounds of: Traffic  No traffic survey submitted to demonstrate that the local road network can cope with traffic generation likely to occur.  Large numbers of commercial and employees vehicles using local road network in an area where there are few pavements and inadequate road structure.  Affected network extends to West Dean, East Dean, Lockerley, , , Broughton, West and East Tytherley, A3057 (/Mottisfont), .  Despite notices discouraging large vehicles, the area remains affected by such vehicles making local deliveries.  When the depot was operational, numerous articulated lorries used the road. A reversion to this (or worse) is viewed with horror 24/7.  Weapons storage was long term with few large vehicle movements and trains were used for large deliveries.  Adjacent roads are narrow and cannot cope with large vehicles. ‘Distribution’ suggests large and constant vehicle movements which would difficult and dangerous, particularly with a low bridge.  Site should be for light use with means of limiting traffic.  Size of the proposal will require 125-250 parking spaces equating to a major industrial estate.  Hazard to pedestrians/cyclists/horseriders and leisure walkers in an area with no verges or paths.  Local routes would be used as rat runs for quick access to the A27 and A36.  Grass verges are already being eroded by heavy and large sized vehicles.  Levels of traffic crossing level crossings will be increased and is considered to be a safety hazard.  Vehicular collisions with Barn Owls have occurred.  Several local residents have damaged cars from trying to avoid large vehicles.  The Parish Council told villagers of West Dean that there would be no increase in traffic and no extra lorries.  Access to the site is along agricultural routes already used into the night particularly during harvest.  Consideration should be given to using West Gate to access the site.  Potholes and damage is occurring to the roads despite being top-dressed within the last two years.  Current speed restrictions are not adhered to.  Fatalities have occurred in area which will increase.  Inadequate sight lines in the area.  750 – 1000 car parking spaces will be required.  One of the reasons for the closure was because of the local road network.

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Misc  Restrictions should be imposed on future expansion.  No local residents welcome this proposal.  There is no demonstrated demand for B1/B8 space in the area and there are always empty units at East Tytherley.  There are no guarantees over the storage of hazardous materials has been provided.  Encouragement of increased commuting.  Damage to quality of life.  Landscaping should extend along the entire north boundary to minimise the visual impact.  Development needs to protect the water quality of the and local aquifers.  The application excludes the most easterly building on the site – what is to happen to this building?  Re-use of the site requires approval from English Nature.  Other small industrial estates (e.g. Old Sarum) has grown significantly.  Is an Environmental Assessment required?  Change of use is for financial gain only with no view of long term implications.  Planting may conflict with a proposal for an access route to agricultural land to the south of the site.  Change of use would be like reverting to the days when the site was fully operational (1938 – 1945 +).  Unlimited hours of working.  Unspecified type and size of businesses.  Overlooking of adjacent properties from buildings sited at higher ground levels.  The site is a wildlife haven and should be returned to green belt into an ugly concrete pile.  West Dean is a historic, conservation village, a natural treasure and should be protected from industrial or residential development.  The site will become impoverished and biodiversity diminished.  The site lends itself to office/light industrial use developed with low cost housing.  Increase in the carbon footprint of the area  Risk to the SSSI.  Impact upon residential amenities from noise and traffic, potentially 24 hours a day. No noise impact statement has been submitted.  Houses sited close to the highway with potential for damage.

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 Change to the tranquil nature and rural environment of the Dun Valley.  Suggest operating hours of 7am – 7pm, or 8.00am – 9.00pm Monday to Saturday and on Sundays.  Blight to West Dean.  No vehicle movements should occur before 7.30am and after 18.00pm.  The site should be returned to peaceful countryside since the site is no longer needed to store ammunition.  Industrial estates should be sited close to large conurbations and major road links.  Inadequate posting of site notices, adjacent residents were not informed, neighbouring parishes not notified and Salisbury District Council were not aware of the application despite part of the site lying within its area.  The application for a Compliance Determination was withdrawn but there was evidence that the current status of the buildings could be in contravention of planning controls. This should be pursued to conclusion to ensure the buildings have a lawful use as required by local policy.  In 1939, patriotic land owners surrendered their land for the defence of Britain and should now be returned to the natural and agricultural countryside that used to surround the village in a rightful gesture to say ‘thank you’ for the military use of the land.  If not authorised, the buildings should be demolished.  Contrary to SET10 1c – buildings are not appropriate in form and general design or remotely in keeping with the rural surroundings.  Contrary to SET10 2a – the site is small scale and includes warehousing and distribution.  Previous uses involved 80 staff and few vehicle movements.  Proposed planting will have limited benefit.  Loss of a view of the natural and historic landscape of the wooded escarpment and SSSI.  The development would change the face of the hill.  Loss of property value.

7.0 POLICY 7.1 PPS7 Sustainable Development in Rural Areas

Regional Planning Guidance No. 9 – Q7 Securing a multi-purpose countryside, E1 Protecting designated areas, RE1 Regional economy, RE5 Reuse of existing employment land resources, RE10 Encouraging economic diversity, T1 Need for travel, T3 Parking Standards, T4 Walking/cycling.

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Hampshire County Structure Plan – UB3 Design, C1 Countryside, EC3/EC4 Industrial, commercial or business units in the countryside/rural settlements, E6 Landscape Character, E10-E13 Nature Conservation, T5 Transport movements, T3 Transport Infrastructure.

Test Valley Borough Local Plan – C1 Development in the countryside, C6 reuse of redundant buildings in the countryside, C10 Protection of sensitive areas, C12 Protection of Trees, Hedgerows and Woodland, C14 Business/Industrial/Storage Activities, R5 Retention of open space, T10 Control of development in relation to road safety, T17 Local routes in relation to new development and general standard D policies.

Test Valley Borough Local Plan Review – SET03 Development in the countryside, SET08 Existing Employment Sites in the Countryside, SET10 Reuse of buildings in the countryside, ENV02 Sites of Special Scientific Interest, ENV03 Sites of Importance for Nature Conservation, ENV17 Development in Conservation Areas, HAZ04 Land Contamination, ESN20 Retention of recreational open areas, TRA01 Traffic Generating Development, TRA02 Parking Standards, TRA09 Impact upon Highway Network, DES01 Landscape Character, DES02 Settlement character, DES05 Layout and setting, DES08 Trees and Hedgerows, DES10 New Landscaping planting, AME01 Amenity, AME04 Noise.

Other – DMC Dean Hill, West Dean Planning Position Statement.

8.0 PLANNING CONSIDERATIONS 8.1 The key issues for consideration are the effect of the proposed change of use of the bunkers on the character and appearance of the area, highway safety and the amenities of neighbouring residential properties.

Principle of change of use 8.2 In accordance with the decommissioning of the site by the MOD, no storage or maintenance of munitions has been undertaken at Dean Hill since September 2003, hence there has been little activity on site in recent years. The site has since been sold and the current owner is not seeking to redevelop the land but merely bring existing buildings back into a use not ancillary to the munitions storage and maintenance. Had the site been retained for munitions, no permission would have been necessary to increase activities on site, even to a level reminiscent of years when the site operated as its maximum.

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8.3 The Planning Position Statement adopted by TVBC in 2004 was compiled in consultation with Salisbury District Council to provide guidance on future uses of the site. The Statement encouraged development that accords with government guidance and local planning policies by reusing existing buildings in countryside locations for employment uses. In this instance, reference is made to Policy C14 of the BLP which seeks to ensure that redevelopment of storage uses within the countryside will not create an adverse impact on the landscape, highway network, the character of the area or nearby properties. Retaining the bunkers in a storage use is appropriate given their construction and underground siting, screening from the blast bank and distance from residential properties. The restricted access within the site would additionally preclude significant vehicular movements. Included within the storage use are a number of ancillary buildings which are to be retained as such which again benefit from screening and will not be increased in size. The proposal is therefore considered to comply with policy C14 of the BLP and SET08 of the BLP Review.

Compliance Determination 8.4 Many of the local representations questioned whether Dean Hill is actually an authorised site and if not, suggest that all buildings should be removed and the land returned back to agriculture. Circular 18/84 provides immunity from enforcement for all Crown development with the exception of development carried out during the war period (3 Sept 1939 – 26 March 1946). As such, a Compliance Determination Application was submitted to determine whether the works on the land or uses begun during the war period failed to comply with planning controls at the time. This application was later withdrawn due to inconclusive and incomplete evidence for the cases of both the applicant and Local Authority.

8.5 Planning Control at the time fell under the Southern Hampshire Joint Planning Scheme (1936) and it is uncertain whether the Romsey and Stockbridge section of this Scheme was ever approved by the Minister of Health. A draft copy of the scheme did indicate that Crown development was exempt from the provisions of the plan, but associated maps and confirmation of its approval at Ministerial level remain missing. Furthermore, relevant sections of the Planning Act 1990 to guide the assessment of a Compliance Determination Applications were considered ambiguous and open to interpretation. As such, the Council agreed to assess future proposals against the Planning Position Statement which contains an implicit suggestion that the site and its buildings are legitimate.

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Effect upon the character and appearance of the area 8.6 The Position Statement places importance upon protecting the countryside setting of the area which is also reflected within Policy C1 of the BLP which requires development to limit its effect upon the landscape and conservation interests. The bunkers are set deep into the site with the adjacent access and sheds screened from public view by virtue of a ‘blast bank’. Given that no new development is to occur as a result of the application, there will be no change to the visual impact the bunkers have within the landscape. Notwithstanding this, the application has been supported with an indication of additional landscaping to take place to provide further screening from a number of vantage points, the detailing is subject to planning conditions. The proposal therefore accords with Policy C1 of the BLP and SET03 of the BLP Review given that no new demonstrable harm is to arise to the character and appearance of the area.

Highway safety 8.7 Considerable concern has been raised regarding the highway impact of bringing the bunkers back into use. Access to the bunkers is restricted, particularly by the narrow on site roads and hillside position with the entrance to each bunker cut into the land. Within each bunker is a single access tunnel of approximately 50m in length and unsuitable for road vehicles. The MOD loaded and unloaded the bunkers using a narrow gauge railway and this is likely to remain the means of bringing materials in an out of the bunkers. Evidently there will be some level of vehicular traffic as the bunkers are filled, however this is expected to fall to a level below that generated by the MOD during their occupancy of the site. Notwithstanding this, the application has been supported with a traffic assessment taken in 2003 which counted an average 190 traffic movements per weekday to and from the site, of which 34 were lorries, including articulated vehicles. Further comments regarding the highway impact will be included within the Update Sheet for the Committee.

Residential amenities 8.8 A number of properties along East Dean Road abut the site, therefore Policy D1.8 of the BLP and AME01 of the BLP consider potential impacts upon amenity. At its closest point, the intervening distance between the bunker entrance and the closest residential property is approximately 540m which is sufficient to prevent any new demonstrable harm arising to residential amenity from the storage use. The proposal therefore complies with Policy D1.8 of the BLP and AME01 of the BLP Review.

8.9 Concern has additionally been raised regarding the effect upon residential amenity from unspecified types and sizes or businesses on the site, unrestricted operating hours, and potential for lorry movements 24 hours a day. Given the nature of a storage use, it is considered that the key impact is likely to arise from deliveries to the bunkers; therefore a condition restricting delivery times is suggested to assist with reducing any impact.

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West Dean Conservation Area 8.10 A small area of Dean Hill falls within the West Dean Conservation Area and the boundary continues to abut the north west corner of the application site. The designation does not preclude development, however works will only be permitted provided that the character and appearance of the Conservation Area will be preserved and/or enhanced and development does not detract from its appearance in the wider landscape. The application site for the bunkers is distant from the Conservation Area and in any event bringing the bunkers back into use will present no new effects upon the character and appearance of the Conservation Area as to result in demonstrable harm. The proposal therefore complies with Policies E5 and E7 of the BLP, and ENV15 and ENV17 of the BLP Review.

Need 8.11 Local representations indicate that no need for the proposed uses has been demonstrated and that there is a risk of future expansion. Whilst need is not a material planning consideration, future expansion of the site would require planning permission and would be considered against policy with regard to the impact upon the character and appearance of the area, highway safety and the amenities of neighbouring residential properties.

Hazardous materials 8.12 The site evidently has been used to store a variety of materials over time, which is reputed to include small arms rounds, bombs and limited quantities of Depleted Uranium and nuclear weapons. As such, the application was supported with a report considering the potential for ground contamination and associated risks to health and environment. No evidence was found of groundwater or radiological contamination, although some localised areas of soil contamination were identified, which can be easily managed, such as through capping or removal. It was concluded that it is unlikely that there are any ongoing sources of significant contamination as to result in risk to human health or plant health, water sources or local ecology.

Environmental Assessment 8.13 A local representation suggested that under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999, an Environmental Assessment is required to accompany the application. Given that the site is being brought back into use which could have occurred without the need for planning permission, rather than creating a new development, no environmental assessment is required.

Nature Conservation 8.14 The overall site contains a SSSI which covers land to the south and a SINC to the north east corner of the site. Policies C10 and C13 of the BLP are therefore relevant to the application and recognise the special protection that these ecological areas receive and encourages the retention of such habitats respectively. The bunkers subject of this application sit underneath the SSSI, however the reuse for storage is considered to be of a level that will ensure no new harm will arise. The proposal therefore complies with policies C10 and C13 of the BLP and ENV02 and ENV03 of the BLP Review.

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Loss of property value 8.15 Loss of property value is not a material planning consideration, therefore weight cannot be attributed to this issue within the consideration of the application.

9.0 CONCLUSION 9.1 The proposed reuse of the bunkers complies with planning guidance and local policies and will have no new demonstrable harm to the character and appearance of the area, highway safety and residential amenities different to that experience when the site was in use by the MOD.

10.0 RECOMMENDATION PERMISSION subject to: 1 The development hereby permitted shall be begun within three years from the date of this permission. Reason: To comply with the provision of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 Notwithstanding the Town and Country Planning (General Permitted Development) Order 1995, the premises shall be used for B8 (storage) use only and for no other purpose (including any purpose in Class B of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason: In order that the Local Planning Authority can exercise control in the locality in the interest of the local amenities in accordance with Test Valley Borough Local Plan policies C1 and D1. 3 Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the building(s) is/are occupied. Development shall be carried out in accordance with the approved details. Reason: To safeguard the amenities of the area and/or in the interests of road safety in accordance with Test Valley Borough Local Plan policy C1. 4 No goods, plant or material shall be deposited or stored in the open on the site. Reason: In order to protect the amenities of the area, and/or to maintain adequate parking areas in accordance with Test Valley Borough Local Plan policy D1.

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5 No development shall take place until full details of soft landscape works including planting plans; written specifications (stating cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities and an implementation programme has been submitted to and approved in writing by the Local Planning Authority. These details shall also include; proposed finished levels or contours; means of enclosure and hard surfacing materials (where appropriate). The landscape works shall be carried out in accordance with the implementation programme. Reason: To improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Local Plan policy D1.4. 6 A landscape management plan, including long term design objectives to include the demolition of the buildings and structures within the central open area of the site, management responsibilities and maintenance schedules for all landscape areas and an implementation programme, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The approved management plan shall be carried out in accordance with the implementation programme. Reason: To improve the appearance of the site and enhance the character of the development in the interest of visual amenity and contribute to the character of the local area in accordance with Test Valley Borough Local Plan policy D1.4. 7 No development approved by this planning permission shall be commenced until details for the surface water drainage have been submitted and approved in writing by the Local Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hardstanding to be passed through an oil separator designed to have the capacity and details compatible with the site being detained. Roof water should not pass through the separator. Reason: The applicant is advised that the site drains into the River Dun which is a high quality water course that much be protected in accordance with Policy C13 of the Test Valley Borough Local Plan. 8 The use hereby permitted can only open for business between the hours of 07.00 hours and 21.00 hours Monday to Friday, 07.00 and 13.00 hours Saturdays, and at no time on Sundays or Public Holidays. Reason: In the interest of the local amenities and the character of the area in accordance with Test Valley Borough Local Plan policy D1. 9 No deliveries shall be taken at or despatched from the site outside the hours of 07.00 hours and 19.00 hours Monday to Friday, 07.00 and 13.00 hours Saturdays, and at no time on Sundays or Public Holidays. Reason: To maintain the character and amenities of the surrounding local area in accordance with Test Valley Borough Local Plan policy D1.

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10 Prior to the commencement of the use or first occupation of the building(s) hereby permitted, the car parking space(s) including disabled parking, shall be constructed, surfaced and laid out in accordance with the approved plans. The area of land so provided shall be maintained at all times for this purpose. Reason: To ensure sufficient off-street parking has been provided in accordance with the Test Valley Local Plan Policy T16 and in the interest of highway safety in accordance with Test Valley Borough Local Plan policy T16. 11 Any above ground oil/chemical storage tank/container and associated pipework shall be bunded in a manner so as to retain at least 110% volume of the tank capacity. All filling points, vents, gauges and sight glasses must be located within the bund which shall be sealed so as to retain any spillage. Reason: To prevent the pollution of controlled waters locality in accordance with Test Valley Borough Local Plan policy D1. 12 The building numbered 108 on the approved plans shall remain as ancillary caretaker/watchman accommodation ancillary to the B1 and B8 uses on the site and at no time shall be occupied as a separate unit of accommodation. The use shall be solely for persons employed for security purposes on the site and for no other person. Reason: To avoid the establishment of a separate unit of accommodation in accordance with Test Valley Borough Local Plan policy C1. 13 Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 or any statutory instrument revoking and re-enacting that Order with or without modification, no signs shall be erected at the entrance to the site at the junction with East Dean Road. Reason: To maintain the character and amenities of the surrounding local area in accordance with Test Valley Borough Local Plan policy C1. Notes to the applicant 1 This permission is for the change of use only and any structural alterations involving development proposed to be carried out to the building(s) is likely to require a separate application for consideration by the Local Planning Authority. 2 The following policies in the Development Plans are relevant to this decision: Regional Planning Policy - Q7, E1, RE1, RE5, RE10, T1, T3, T4. Hampshire County Structure Plan Review 1996-2011 - Policies C1, EC3, E6, E10-E13, T5, T3. Test Valley Borough Local Plan - Policies C1, C6, C10, C12, C14, R5, T10, T17, D. Test Valley Borough Local Plan Revised Deposit Draft 2004 – Policies SET03, SET08, SET10, ENV02, ENV03, ENV17, HAZ04, ESN20, TRA01, TRA02, TRA09, DES01, DES02, DES05, DES08, DES10, AME01, AME04. DMC Dean Hill, West Dean Planning Position Statement.

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3 The development hereby permitted shall be carried out and completed strictly in accordance with the submitted plans, specifications and written particulars for which permission is hereby granted or which are subsequently submitted to, and approved in writing by, the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority. 4 The proposed development must comply with the Control of Pollution (oil Storage)() Regulations 2001. The regulations apply where more than 200 litres of oil are stored (including waste oil) in one or more containers. The Regulations stipulate requirements for the standard of tanks, pipework and secondary containment, including bund walls. 5 The decision to grant planning permission has been taken because the proposed reuse of the site complies with planning guidance and local policies and will have no new demonstrable harm to the character and appearance of the area, highway safety and residential amenities different to that experience when the site was in use by the MOD. This informative is only intended as a summary of the reason for grant of planning permission. For further details on the decision please see the application report which is available from the Planning Service.

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