The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990

4.—(1) Until the end of the transitional period—

(a) no offence is committed under Article 37I of the Planning Order; and

(b) no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, over or under any land,

if the substance was present on, over or under the land at any time within the establishment period and—

(i) in a case in which at the commencement date notification in respect of the substance was required by any of the Notification Regulations, both the conditions specified in sub-paragraph (2) were satisfied; and

(ii) in a case in which at the date such notification was not so required, the condition specified in head (b) of that sub-paragraph is satisfied.

(2) The conditions mentioned in sub-paragraph (1) are—

(a) that notification required by the Notification Regulations was given before the commencement date; and

(b) that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.

(3) Where a hazardous substance was present on, over or under any land at any time within the establishment period, hazardous substances consent may be claimed in respect of its presence.

(4) A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period and as to how and where it was kept and used during that period.

(5) Subject to sub-paragraphs (6) to (8), the Department shall be deemed to have granted any hazardous substances consent which is claimed under sub-paragraph (3).

(6) If at the commencement date notification in respect of the substance was required by regulation 3 or 5 of the Notification Regulations, hazardous substances consent is only to be deemed to be granted under this paragraph if notification in respect of the substance was given before that date in accordance with those regulations.

(7) If at the commencement date such a notification was not so required, hazardous substances consent is only to be deemed to be granted under this paragraph if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.

(8) If it appears to the Department that a claim for hazardous substances consent does not comply with sub-paragraph (4), it shall be the Department’s duty, before the end of the period of two weeks from its receipt of the claim,—

(a) to notify the claimant that in the Department’s opinion the claim is invalid; and

(b) to give him the Department’s reasons for that opinion.

(9) Hazardous substances consent which is deemed to be granted under this paragraph is subject to such conditions as may be prescribed.

(10) In this paragraph—

“commencement date” means the date on which Article 14 comes into operation;

“the establishment period” means the period of 12 months immediately preceding the commencement date;

“established quantity” means, in relation to any land—

(a)

where before the commencement date there has been a notification in respect of a substance in accordance with any of the Notification Regulations—

(i)

the quantity notified or last notified before the commencement date; or

(ii)

a quantity equal to twice the quantity which was so notified or last notified before the start of the establishment period,

whichever is the greater;

(b)

where a notification was not required before that date by any of those regulations, a quantity exceeding by 50 per cent, the maximum quantity which was present on, over or under the land at any one time within the establishment period;

“Notification Regulations” means the Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984(1);

“prescribed” means prescribed by regulations made by the Department subject to negative resolution;

“the transitional period” means the period of 6 months beginning with the commencement date.

(1)

S.R. 1984 No. 177