DCAN 12: Planning Control for Hazardous Substances
Standard conditions applying to deemed consents: established quantity
48. For each substance included in the claim for deemed consent, the applicant will provide, as appropriate, a “moveable container storage area plan” and a “vessel location plan”. The former plan must identify any area of the site where more than 10 % of the controlled quantity of the substance has been stored in moveable containers during the establishment period; and the latter must identify any areas of the site (known as “vessel areas”) where the substance has been present in a vessel (as defined in regulation 2 of the Regulations), during that period (ignoring vessels in which no more than 10 % of the controlled quantity of the substance has been present) (see regulation 14 and Form 5 in Schedule 1 to the Regulations).
49. Regulation 14(4) of the Regulations establishes how the boundaries of a vessel area should be drawn. There may be a number of different vessel areas within a site in respect of the same substance. Under regulation 14(6), the boundaries of any two areas identified for the same substance must not overlap (as otherwise there could be conflicting conditions regulating the presence of the substance applying to that area of overlap). However, it would be in order for different vessel areas relating to different substances to overlap, since these will not give rise to any such conflict. In respect of hazardous substance entry number 32, regulation 16(2) enables a vessel identified in a petroleum-spirit licence (where applicable) to be taken into account for the purposes of defining the vessel area, regardless of whether the substance has actually been present in that vessel during the establishment period.
50. Having regard to the areas so identified for each substance, the standard location conditions at paragraphs 7 and 8 of Schedule 2 to the Regulations provide that a hazardous substance shall not be present in a vessel outside a vessel area (identified for that substance); and, similarly, that a substance shall not be present in a moveable container outside an area identified for that substance on a moveable container storage area plan. For the purpose of the condition at paragraph 7 of Schedule 2, no account is to be taken of the presence in a vessel of no more than 10 % of the substance’s controlled quantity. Similarly, for the purpose of the condition at paragraph 8(1) of Schedule 2, no account is to be taken of the storage of a substance in moveable containers in an area where the quantity of the substance so stored does not exceed 10 % of its controlled quantity. Regulation 16(1) and (3) refers. This is to avoid unduly restrictive control over relatively small amounts.