DCAN 12: Planning Control for Hazardous Substances
Action by the Department upon receipt of a claim for deemed consent
43. Provided a valid claim is made - ie, the information submitted is complete and accurate and the statutory requirements of Schedule 4, paragraph 4 of the 1991 Order and regulation 14 of the Regulations are met - hazardous substances consent is automatically deemed to be granted. In other words, it is not for the Department to determine whether or not consent should be granted. The jurisdiction of the Department is limited to considering the validity of the claim. This should be limited to establishing that a consent was not previously required in respect of the hazardous substances for which deemed consent is now being claimed and that the information specified in Form 5 is completed in accordance with the Regulations.
44. If it is considered that a claim is invalid, the Department must give this opinion, and the reasons for it, to the claimant within 2 weeks of receipt of the claim. If they have no reason to doubt the validity of the claim, they are not required to take any further action, other than to ensure that a copy of the claim form goes into the Consents Register kept in Divisional Planning Offices.
45. At the time a deemed consent is claimed it may not be possible for the Department to validate the information provided by the claimant about the maximum quantity of hazardous substances present at the site during the establishment period. HSENI will subsequently, if necessary, be able to validate claims for established quantity following site visits or through information submitted in connection with site safety reports. It is important therefore that the Department sends copies of all claims for deemed consents, including associated plans, to HSENI as soon as possible.
46. Deemed consent will be subject to the conditions set out in Schedule 2 to the Regulations. Condition 1 controls the maximum aggregate quantity of a hazardous substance(s) which may be present under the terms of the deemed consent. The remaining conditions regulate where, and the manner in which, a substance may be present under the terms of a deemed consent, in accordance with where and how the substance was present during the establishment period. They are designed to avoid the possibility of a substance being used in a significantly different manner or different part of the site - with the potential for increasing off-site risks - without the Department having the opportunity to exercise detailed control. Standard conditions applying to deemed consents: established quantity
47. Under the first standard condition in Schedule 2 to the Regulations the maximum aggregate quantity of a substance that may be present on, over or under the land must not at any one time exceed the established quantity. The established quantity means the maximum quantity which was present on, over or under the land at any one time during the “establishment period” (see paragraph 4(10) of Schedule 4 to the 1991 Order). In other words, the maximum amount which was present during the 12 months prior to 24 April 2000. The land referred to here includes other land or structures controlled by the same person and within 500 metres of the land, or any other land controlled by the same person which, with the land in question, forms a single establishment (see paragraph 15).