PPS 9: The Enforcement of Planning Control
Additional planning controls and enforcement: Hazardous substances
12.1 Some industrial developments, in addition to requiring planning permission, may require consent under the 1991 Planning Order for the storage or presence of ‘hazardous substances’ on, over or under land. Consent may also be required where a hazardous substance is introduced onto a site, or used differently within it, without there being any associated ‘development’ requiring planning permission. This is referred to as ‘hazardous substances control’ and the main provisions for the exercise of such control are set out in the Planning (Hazardous Substances) Regulations (NI) 1993.
12.2 Where any person contravenes hazardous substances control they are guilty of an offence and the Department may pursue direct court action. On summary conviction that person is liable to a fine with the potential for continuing daily fines.
12.3 Where it appears to the Department that there is or has been a contravention of hazardous substances control, the 1991 Planning Order also makes provision for the Department to serve a hazardous substances contravention notice where it considers it expedient to do so having regard to any material consideration.
12.4 Where any person fails to comply with a hazardous substances contravention notice they are guilty of an offence and the Department will normally pursue court action. On summary conviction that person is liable to a fine with the potential for continuing daily fines.