Planning Portal

DCAN 12: Planning Control for Hazardous Substances

87. Contravention of hazardous substances control is an offence under Article 61 of the 1991 Order and under Article 81 the Department may deal with any contravention of controls by the issue of a hazardous substances contravention notice.
88. The procedures for issuing and bringing into effect hazardous substances contravention notices follow closely those applying to planning enforcement notices. The provisions of Articles 69 –72 and 74 – 76 of the 1991 Order which relate to enforcement notices and appeals have been applied with modifications to hazardous substances – see regulations 18 and 19 and Schedule 4 to the Regulations.

Transitional Immunity

89. Paragraph 4 of Schedule 4 to the 1991 Order, as amended by the Regulations provides that during a transitional period of six months following the commencement of the new controls, no offence is committed under Article 61 and no hazardous substances contravention notice may be served in the circumstances specified. In effect, the transitional exemptions in this Paragraph apply where the substance was present on, over or under the land during the establishment period and where the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.
90. The terms “establishment period”, “established quantity”, “relevant date” and “transitional period” are all defined in Schedule 4 paragraph 4(10) of the 1991 Order.
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