DCAN 12: Planning Control for Hazardous Substances
Hazardous substance consent (hsc)
15. Hazardous substances consent is required for the presence of a hazardous substance on, over or under land unless the aggregate quantity of the substance(s) present is less than the controlled quantity for that substance (Article 53 of the 1991 Order).
16. In determining the aggregate quantity of the substance present on land, account is also to be taken of the amount of any hazardous substance(s) held on, over or under other land (or in or on any part of a structure) which is controlled by the same person and which, taken together, are considered by the site operator to comprise a single “establishment”. Article 53 (1)(b) and (c) refer specifically to other land or structures which are within 500 metres of the land which is the subject of the application for consent, and which must always be included in any calculation to establish the aggregate quantity present. However, there is in fact no theoretical limit to the distance which may exist between areas of land which may be considered to constitute a single “establishment”. In most cases it should be clear what constitutes the “establishment”.
17. The person in control of the land may not necessarily be the same person as the legal owner. For example, two adjoining sites may be under the ownership of two different companies but both may be controlled by the same parent company which is in effective control of operations on both sides; or a site may effectively be under the control of a tenant rather than the proprietor of the dominium utile.