Committee Date: 07/03/2013 Application Number: 2012/08033/PA Accepted: 29/11/2012 Application Type: Hazardous Substances Target Date: 24/01/2013 Ward: Tyburn

Unit 3 Gate, Bromford Lane, Erdington, , B24 8DW

Application for hazardous substance consent for the storage and distribution of hazardous products (revised scheme to that approved under 2007/04672/PA) Applicant: Norbert Dentressangle Logistics Unit 3 Bromford Gate, Bromford Lane, Erdington, Birmingham, B24 8DW Agent:

Recommendation Approve Subject To A Section 106 Legal Agreement

1. Proposal

1.1. Application to revise an existing Hazardous Substances Consent originally approved in 2007 under 2007/04672/PA. This proposal seeks to revise the level of Very Toxic and Oxidising materials from 20 tonnes to 15 tonnes (7% maximum active content) and 200 tonnes to 100 tonnes (56% maximum active content) respectively. The other materials covered by the existing Hazardous Substances Consent would remain the same. The amended levels sought reflect logistical changes at the site, including new ownership, as well as detailed discussions involving the Health and Safety Executive,

2. Site & Surroundings

2.1. Application premises are a large modern-purpose built industrial building that forms part of an industrial park (Bromford Gate) that consists of five similar sized units. The Birmingham and Fazeley Canal runs to the north and beyond that a mixture of industrial and commercial units that back onto the canal and face Tyburn Road. Further modern industrial units are located to the south (Hurricane Park) and an elevated section of the M6. A large Transo Depot lies to the West and to the opposite side of Bromford Lane to the east is a mixture of industrial and commercial premises including the Esso Depot, which is also an identified Hazardous Site. The closest residential property is at a distance of 145m from the application building and situated to the north side of Tyburn Road.

3. Planning History

3.1. 13/09/07. 2007/04672/PA. Application for Hazardous Substances Consent for the storage and distribution of hazardous products. Approved.

Page 1 of 3 4. Consultation/PP Responses

4.1. Health and Safety Executive – No objection subject to conditions relating to approved details and maximum capacity of moveable containers.

4.2. Regulatory Services – No objections.

4.3. Environment Agency – No objections.

4.4. Neighbouring premises and local residents consulted with site notice posted. No responses received.

5. Policy Context

5.1. Birmingham UDP 2005, Draft Birmingham Development Plan and Planning (Control of Major Accident Hazards) Regulations 1999.

6. Planning Considerations

6.1. The proposal would result in the reduction the amount of Very Toxic and Oxidising materials that can currently be stored on the site as well as the introduction of a maximum active content to these. These amendments are sought further to issues raised by the Health and Safety Executive in relation to the existing consent, with a view to create a more tailored consent that meets the applicants’ business needs as well as reduce the extent of the subsequent consultation zones around the Installation.

6.2. The Health and Safety Executive raises no objection to the application, concluding that the granting of consent would result in an overall improvement in public safety. The HSE adds that should opportunity arise, every effort should be made to further reduce consent quantities.

7. Conclusion

7.1. The proposal represents a reduction in the level of Very Toxic and Oxidising material that can be stored on the site, resulting in a reduction in the consultation zones surrounding the site and is in accordance with relevant policy and guidance.

8. Recommendation

8.1. That consideration of the application 2012/08033/PA is deferred pending the completion of a satisfactory legal agreement under section 106 to secure:

8.2. That the applicants only implement the consent subject to this application and not the previous consent under 2007/04672/PA.

8.3. That the Director of Legal and Democratic Services be authorised to prepare, seal and complete the legal agreement.

1 Requires the scheme to be in accordance with the particulars provided on the Application Form and approved plans

2 Restricts the maximum capacity of moveable container(s) to 1000litres

Page 2 of 3

Reason for Approval

1 grants Planning Permission subject to the condition(s) listed below (if appropriate). The reason for granting permission is because the development is in accordance with: Policies 3.8, 3.10, 8.37 and 8.38 of the Birmingham Unitary Development Plan 2005; and the National Planning Policy Framework.

Case Officer: Peter Barton

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APPENDIX

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Works

92.3m

Tank

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Birmingham City Council. Licence No.100021326, 2009 SCALE 1:1250 Tank

This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Surveyon behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. SCALE 1:5000 Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Birmingham City Council. Licence No.100021326, 2009

Unit 3 Bromford Gate Statutory Listed Building Development Directorate Erdington Locally Listed Buildings 1 Lancaster Circus Birmingham Queensway B24 8DW Conservation Area Birmingham B2 2JE.  2012/08033/PA Neighbourhood Offices Site Boundary Birmingham City Council Date:25/9/2007 Site Location