DCAN 12: Planning Control for Hazardous Substances
Planning permission for hazardous development
12. The requirement for hazardous substances consent in respect of the presence of a hazardous substance in a controlled amount does not override the need for planning permission if development of land is also involved. This may arise, for instance, where it is proposed to erect buildings for the storage or processing of hazardous substances. Where both planning permission and hsc are required, two separate applications will be necessary and the respective statutory requirements will need to be followed. However, it may not be possible, or practicable, to act upon one authorisation without having the other. As far as possible related applications for hazardous substances consent and for planning permission are dealt with together.
13. This does not necessarily mean that similar decisions need be given on both applications, as there are likely to be considerations which are material to one application but not to the other. For example, the Department may decide, having considered the potential risks to the local community arising from the proposed presence of a hazardous substance, that there is no good reason for withholding consent. But in its role as planning authority it may consider that planning permission should be refused for associated development because of a wider planning consideration, e.g., the adverse effect of a proposed building on the local scene, or inadequate access arrangements. In such circumstances, it would be perfectly proper for contrasting decisions to be made on the different applications.
14. HSENI will be consulted on every application for hazardous substances consent. HSENI have the expertise to assess the risks to persons in the vicinity. Environment and Heritage Service will be consulted in respect of COMAH sites as they have the expertise to assess risks to the environment.