Explanatory Memorandum

Planning Act (Northern Ireland) 2011

2011 CHAPTER 25

4 May 2011

Commentary on Sections

Part 4: Additional Planning Control.

Section 116: Effect of hazardous substances consent and change of control of land

This section ensures that hazardous substances consent ceases to have effect if there is a change in the control of part of the land and requires that anyone taking control of the land must make a fresh application, unless an application for the continuation of the consent has previously been made to a council.  A council is responsible for the grant of an application for the continuance of the consent and the Department will have no role in this regard.

In dealing with an application a council must have regard to any advice given by the HSENI in relation to the application. The provisions do not apply when control of the land passes from one emanation of the Crown to another.