Planning Portal

DCAN 12: Planning Control for Hazardous Substances
Planning control of Hazardous Substances

1. Article 53 of the Planning (Northern Ireland) Order 1991 (“the 1991 Order”) requires a hazardous substances consent (hsc) to be obtained for the presence on over or under land of a hazardous substance in an amount at or above a specified controlled quantity. The controls give the Department of the Environment’s Planning Service the opportunity to consider whether the proposed storage or use of a significant quantity of a hazardous substance is appropriate in a particular location, having regard to the risks arising to persons in the surrounding area and to the environment. The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 as amended by The Planning (Control of Major– Accident Hazards) Regulations (Northern Ireland) 2000 Opens link in a new browser window [referred to in this document as “the Regulations”] specify the hazardous substances and controlled quantities for which a consent is required; set out the procedures for obtaining consent; provide for certain exceptions; and make procedures for enforcement. The procedures provide for statutory consultation with specified bodies, including Health and Safety Executive Northern Ireland Opens link in a new browser window (HSENI) and the Environment and Heritage Service prior to the Planning Service making a decision on any application for consent. If consent is agreed, a consultation zone may be established within which proposals for future development will also be referred to consultees to consider the possible effects on public safety.
2. When first introduced, the list of hazardous substances and controlled quantities subject to consent comprised all of the substances which had to be notified to HSENI under their Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984 2 (the “NIHHS Regulations”) together with a number of others taken from the Control of Industrial Major-Accident Hazards Regulations (Northern Ireland) 1985 3 (CIMAH) considered to possess significant offsite risk. The CIMAH Regulations gave effect to Directive 82/501/EEC 4 , the Directive on the (control of) major-accident hazards of certain industrial activities (the so-called Seveso Directive).
1 S.R. 2000 No.101
2 S.R. 1984 No.177
3 S.R. 1985 No.175
4 OJ L230, 5.8.82.p1
Previous Next
Get Adobe Reader software (link opens in a new browser window)