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

Application for hazardous substances consent N.I.

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.

Modifications etc. (not altering text)

C1 Reg. 5 applied (with modifications) by S.R. 2015/344, reg. 16(2) (as substituted 9.5.2016 by The Planning (Hazardous Substances) (No.2) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/116) S.R. 2016/116, regs. 1, 2(3))