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The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

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PART 3Consent

Application for hazardous substances consent

5.—(1) Subject to paragraph (2), an application for consent shall—

(a)be made to the council ;

(b)include the name and address of the applicant;

(c)include a site map and a substance location plan;

(d)include details of—

(i)the location of the land to which the application relates;

(ii)the person in control of the land to which the application relates;

(iii)each hazardous substance for which consent is sought (“relevant substance”), including the maximum quantity of each relevant substance proposed to be present;

(iv)the main activities carried out or proposed to be carried out on the land to which the application relates;

(v)how and where each relevant substance is to be kept and used;

(vi)how each relevant substance is proposed to be transported to and from the land to which the application relates;

(vii)the vicinity of the land to which the application relates, where such details are relevant to the risks or consequences of a major accident; and

(viii)the measures taken or proposed to be taken to limit the consequences of a major accident; and

(e)be accompanied by 3 additional copies of the application, map, plan and the certificate required by regulation 7.

(2) An application to which section 111 (grant of hazardous substances consent without compliance with conditions previously attached) applies shall—

(a)be made to the council or, as the case may be, the Department;

(b)include the name and address of the applicant;

(c)include a change of location plan, if the application relates to a condition restricting the location of a hazardous substance;

(d)include a copy of the consent;

(e)identify any condition previously imposed on the relevant consent which—

(i)it is proposed should no longer be imposed on the consent; or

(ii)it is proposed should only be imposed in a modified form;

(f)for any condition identified under paragraph (e)(i), give the reason why it should not be imposed;

(g)for any condition identified under paragraph (e)(ii)—

(i)indicate the proposed modification; and

(ii)give the reasons why it should only be imposed in a modified form;

(h)describe any relevant changes in circumstances since the date of the relevant consent; and

(i)be accompanied by 3 additional copies of the application, the change of location plan, consent and the certificate required by regulation 7.

(3) An application under section 116(2) (effect of hazardous substances consent and change of control of land) shall—

(a)be made to the council ;

(b)include the name and address of the applicant;

(c)include a change of control plan;

(d)include a copy of the consent;

(e)state the date on which the change of person in control of part of the land is to take place, where known;

(f)describe the use of each area of the site identified in the change of control plan;

(g)describe any relevant changes in circumstances since the relevant consent was granted;

(h)include the certificate required by regulation 7; and

(i)be accompanied by 3 additional copies of the application, change of control plan, consent and certificate.

(4) In this regulation—

“change of control plan” is a plan of the land to which the application relates, drawn to a scale of not less than 1 to 1,250, which identifies each area of the site under separate control after the proposed change of control;

“change of location plan” is a plan of the land to which the application relates, drawn to a scale of not less than 1 to 1,250, which identifies the location of the hazardous substance at the date of the application and the proposed location requiring the application;

“relevant consent” means the existing hazardous substances consent to which the application relates;

“site map” is a map reproduced from, or based on, an Ordnance Survey map with a scale of not less than 1 to 2,500, which identifies the land to which the application relates and shows National Grid lines and reference numbers; and

“substance location plan” is a plan of the land to which the application relates drawn to a scale of not less than 1 to 1,250, which identifies—

(a)

any area of the land intended to be used for storage of the substance;

(b)

where the substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the substance will be present; and

(c)

access points to and from the land.

(5) Regulations 6 to 13 shall apply to applications made under sections 111 and 116(2) as they apply to applications for consent.

Advertisement of notices of applications

6.—(1) Where an application for consent is made to the council, the council shall publish notice of the application in at least one newspaper circulating in the locality in which the land to which the application relates is situated and, where the council maintains a website for the purpose of advertisement, by publication of the notice on the website.

(2) A notice under paragraph (1) shall state—

(a)the name of the applicant;

(b)brief details of the consent being sought;

(c)the address or location of the application site;

(d)where applicable, the fact that the proposal is, or is part of, a project that is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 14(3) of the Directive;

(e)that the council (from which relevant information can be obtained) will decide whether or not to grant consent, and if to grant, will decide on what conditions to grant;

(f)that representations (including comments or questions) may be made to the council;

(g)details of how such representations should be made and the time period for making representations, being a date not less than 21 days after the date of publication of the notice;

(h)the place and times at which and the period during which copies of the application may be inspected by the public.

Certificates to accompany applications

7.  An application for consent or an appeal against the refusal of such an application or against the imposition of a condition on such a consent shall not be entertained by the council or, as the case may be the planning appeals commission, unless it is accompanied by whichever of the certificates A to D set out in the form in Schedule 1 is appropriate, signed by or on behalf of the applicant.

Inspection of applications

8.  Following receipt of an application under Regulation 5, the council must ensure that a copy of the application is available for inspection at its offices during the period allowed for making representations pursuant to regulation 6(2).

Council to take account of representations from certain persons

9.  Where an application for consent is accompanied by a certificate C or D as mentioned in regulation 7, the council, in determining the application, shall take into account any representations relating thereto which are made to it by any person who satisfies it that, in relation to any of the land to which the application relates, he or she is such a person as is described in paragraphs (a) to (c) of Certificate C.

Persons to be treated as in actual possession of land

10.  For the purposes of any provision of these Regulations a person shall be treated as in actual possession of land if that person is entitled to one of the following estates in land namely—

(a)a legal or equitable fee simple absolute, a legal or equitable fee tail or a legal or equitable life estate; or

(b)a tenancy of which not less than 40 years remains unexpired.

Consultations before determining applications for hazardous substances consent

11.—(1) Before determining an application for consent the council shall consult with—

(a)the Department;

(b)the Health and Safety Executive for Northern Ireland; and

(c)the Northern Ireland Fire and Rescue Service.

(2) The council must also, before determining an application for hazardous substances consent, consult any other persons, including any non-governmental organisation promoting environmental protection, who are affected or likely be affected by, or have an interest in, the application, and who in the council’s opinion are unlikely to become aware of the application through the notices under regulation 6.

(3) When consulting under paragraph (1) or (2) of this regulation, the council must within 7 days—

(a)notify in writing the body or person concerned that they have received an application for hazardous substances consent and inform them of the following matters;

(i)a description of the proposal and the address or location of the land to which the application relates;

(ii)where applicable, the fact that the proposal is, or is part of, a project that is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 14(3) of the Directive;

(iii)that the council (from which relevant information can be obtained) will decide whether or not to grant consent, and if to grant, will decide on what conditions to grant;

(iv)that representations (including comments or questions) may be made to the council;

(v)details of how such representations should be made and the time period for making representations which must not be less than 28 days beginning with the day after the day on which the person or body is notified that an application has been received by the council;

(vi)the place and times at which and the period during which copies of the application may be inspected by the public; and

(b)ensure that a copy of the application and any information, plans and other documents contained in or accompanying it is available for inspection at its offices during the period or periods allowed for making representations.

Determination of applications for hazardous substances consent

12.—(1) The council shall not determine an application for hazardous substances consent before the expiry of the period or periods allowed for making representations under regulations 6(2) and 11(3).

(2) In determining an application for hazardous substances consent, the council must take into account the results of consultations held in relation to that application.

Notification of decision

13.—(1) Subject to paragraph (6), for the purposes of section 115(7) (appeals) the prescribed period by which the council must give notice to the applicant of its decision on the application or give notice that the application has been referred to the Department under section 114 (call in of certain applications for hazardous substances consent to Department) is 8 weeks from the date when the application is received by the council.

(2) The council or, as the case may be, the Department shall, as soon as is practicable, inform every person who made representations which it was required to take into account under regulation 9 of its decision on the application.

(3) When the council gives the applicant notice of its decision on an application, the notice must, where hazardous substances consent is refused or is granted subject to conditions—

(a)state, clearly and precisely, the full reasons for the refusal or for any condition imposed; and

(b)include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the planning appeals commission in accordance with section 115.

(4) The council or, as the case may be, the Department shall, as soon as is practicable, inform the following of the terms of their decision—

(i)the Health and Safety Executive for Northern Ireland; and

(ii)any other consultees who have made representations to them on the application.

(5) The council must make available for inspection at its offices—

(i)the content of the decision and the reasons on which it is based, including any subsequent updates; and

(ii)the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision.

(6) Where a section 235 (national security) certificate is issued the prescribed period is 8 weeks from the date on which that notice is issued to the council or, as the case may be, the Department.

(7) In this regulation a “section 235 certificate” means a certificate issued by the Secretary of State under section 235(1) or by the Department of Justice under section 235(4).

Applications to the Department for consent to execute works without compliance with conditions previously attached

14.—(1) Where an application under section 111 is required to be made to the Department then for the purpose of considering representations made in respect of that application the Department may cause a public local inquiry to be held by—

(a)the planning appeals commission; or

(b)a person appointed by the Department for the purpose.

(2) Where a public local inquiry is not held under paragraph (3), the Department must, before determining the application, serve a notice on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department shall afford to each of them an opportunity of appearing before and being heard by—

(a)the planning appeals commission; or

(b)a person appointed by the Department for the purpose.

(3) In determining an application under section 111 the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.

(4) The decision of the Department on an application under section 111 shall be final.

Call in of certain applications for hazardous substances consent to the Department

15.  On referring any application for hazardous substances consent to the Department pursuant to a direction under section 114 (call in of certain applications for hazardous substances consent to the Department), a council must serve on the applicant a notice—

(a)informing the applicant that the application has been referred to the Department; and

(b)setting out the reasons given by the Department for issuing the direction.

Application of the 2011 Act to councils

16.—(1) Any application by a council for hazardous substances consent shall be made to the Department.

(2) Regulations 5 to 8, 11 (except paragraph (1)(a)), and 12(2) shall apply to the making of such applications as they apply to applications made to the council subject to the modification that a reference to “the council” is to be read as a reference to “the Department”.

(3) Section 110 (determination of applications for hazardous substances consent), (other than subsection (2)(e)) shall apply in relation to an application made to the Department by a council as it applies in relation to an application made to a council.

(4) A decision of the Department on an application made to it by a council shall be treated as a decision under section 114.

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