Planning Portal

DCAN 12: Planning Control for Hazardous Substances
Deemed hazardous substances consent

40. Paragraph 4 of Schedule 4 to the 1991 Order contains provisions which are designed to provide a transition to the consent system for sites where hazardous substances were present on, over or under the land but whose presence did not require the operator to obtain a hazardous substances consent. The provisions enable operators to claim a deemed consent in respect of hazardous substances which have been present on, over or under a site during the period of 12 months immediately preceding the date on which The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000 Opens link in a new browser window came into operation (24 April 2000). This period of 12 months is referred to as the “establishment period” (paragraph 4(10) of Schedule 4 to the 1991 Order). The purpose of the provisions is to avoid undue disruption by enabling operators to continue with previous lawful operations involving hazardous substances, in a similar way to before, without a specific grant of consent being required from the Department.
41. It is estimated that a maximum of 30 new sites may fall within the scope of the consent procedures though not all will need to claim a deemed consent. Following introduction of the consent procedure in 1993, many of the sites where hazardous substances are present will already have obtained a consent. However, because of changes to the list of hazardous substances and the controlled quantities, some may now wish to apply for a deemed consent in respect of substances or quantities not previously subject to consent. Others will be received from those operating sites which are being brought into the scope of the consent procedure for the first time.
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