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Planning (Hazardous Substances) Act 1990

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10Power to impose conditions on grant of hazardous substances consent

(1)Without prejudice to the generality of section 9(1), a hazardous substances authority may make the grant of hazardous substances consent conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission or may grant hazardous substances consent subject to conditions with respect to any of the following—

(a)how and where any hazardous substance to which the consent relates is to be kept or used;

(b)the times between which any such substance may be present;

(c)the permanent removal of any such substance—

(i)on or before a date specified in the consent; or

(ii)before the end of a period specified in it and commencing on the date on which it is granted.

(2)An authority who are a hazardous substances authority by virtue of section 1 or 3 may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the Health and Safety Executive have advised the authority that any consent they might grant should be subject.

(3)It shall be the duty of a hazardous substances authority when granting hazardous substances consent to include in that consent in respect of each hazardous substance to which it relates a statement of all conditions relating to that substance subject to which the consent is granted.

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