DCAN 12: Planning Control for Hazardous Substances
Health and Safety Requirements
70. By virtue of Article 63 of the 1991 Order, no hazardous substances consent or contravention notice may require or allow anything to be done in contravention of any of the “relevant statutory provisions” or any prohibition notice or improvement notice served under or by virtue of any of those provisions. To the extent that such a consent or notice purports to require or allow any such thing to be done, it will be void; and it will need to be revoked or modified to render it wholly operative.
71. The “relevant statutory provisions”, “improvement notice” and “prohibition notice” are given the same meaning as in the Health and Safety at Work (Northern Ireland) Order 1978. Both the NIHHS and COMAH Regulations are “relevant statutory provisions”.