DCAN 12: Planning Control for Hazardous Substances
Hazardous development authorised before the operative date of the Regulations
56. The situation may arise where planning permission has been granted for a development implicitly involving the storage or use of hazardous substances and which at the time of approval did not require a hazardous substances consent. Contracts may have been let or development commenced, on that basis. But a deemed hazardous substances consent is not available as the substances concerned have not been present at the site during the establishment period. In this situation, which may have led to considerable investment in a site, the Department will give sympathetic consideration to any application for hazardous substances consent subsequently made which is in line with the terms of the planning application and permission. Consent should not normally be withheld unless there are compelling reasons for such a decision, involving a significant change in the material circumstances.