Applying for hazardous substances consent
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How are applications for consent made?
If consent is required, applicants will need to apply for consent to the hazardous substances authority. It is important that applications provide all the relevant information as decisions on incomplete applications can be delayed.
The content of the forms to apply for consent are prescribed in Schedule 2 of the Planning (Control of Major-Accident Hazards) Regulations 1999. Form 1 is for general applications. Form 2 is for applications to remove conditions attached to a previous consent. Form 2 should also be used for an application to continue with a consent following a partial change in the control of the land. Copies of the relevant application form should be available from the hazardous substances authority. It is important that the form contains all of the information required. For more information on what needs to be provided in an application, see information needed in an application.
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How can applicants help make sure a decisions are not delayed?
Incomplete applications can delay decisions. Early discussions with the hazardous substances authority and the Health and Safety Executive can help to ensure the quality of their applications and prevent delays. The Health and Safety Executive will give pre-application advice to new operators of hazardous installations and to nationally significant infrastructure project applicants. If applications are incomplete, or information required by the Health and Safety Executive is not provided, this can cause delays for applicants.
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Who can see the information provided in an application?
The application form will be used to make the decision on consent by the hazardous substances authority and for consultation with the Health and Safety Executive, Environment Agency and Natural England where appropriate. Applications, including plans, will be open to inspection by the public. Applicants who are in doubt as to what could be disclosed may want to have a prior informal discussion with the hazardous substances authority.
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Do applicants need to do to tell people around the site that they are making an application?
Applicants need to tell others around the site that they intend to make an application. This allows people living and working in the area to make their views known to the hazardous substances authority.
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How do applicants tell local people about their application?
Before submitting an application, applicants need to publicise that they intend to do so. This gives the opportunity for people to review the application and accompanying documentation. Applicants should have a completed application form and accompanying documents ready when publicising. For more details see information needed in an application.
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Do applicants need to own the site to apply for consent?
Applicants do not need to own the application site in order to make an application for consent. However, owners should be given the opportunity to comment on the application. Every application must therefore also be accompanied by a signed certificate relating to ownership. This will be one of the certificates (A-D) set out in Form 5 in Schedule 2 of the Planning (Hazardous Substances) Regulations 1992.
Applicants should provide a copy of:
- Certificate A if they are the freeholder of all the land and there are no leaseholders with leases of 7 or more years;
- Certificate B if not, and they know the names and addresses of the other owners; or
- Certificate C or D if they cannot ascertain all, or some, of the other owners in order to serve individual notices on them.
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How much does an application cost?
For applications where no one substance exceeds twice the controlled quantity, the fee is £250. For proposals involving the presence of a substance in excess of twice the controlled quantity, the fee is £400. Where an application is for the removal of conditions attached to a grant of consent or for the continuation of a consent upon partial charge in ownership of the land, the fee is £200.
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How can Hazardous Substances Authorities apply for consent themselves?
Where a hazardous substances authority in England wishes to obtain a hazardous substances consent itself, it will apply to the Secretary of State for Communities and Local Government by sending the application to the National Planning Casework Unit at the following addresses:
National Planning Casework Unit
5 St Philips Place
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Can hazardous substances consent be given under Local and Neighbourhood Development Orders?
Local and Neighbourhood Development Orders allow for development to take place without the need for an express grant of planning permission. However they cannot provide an exemption from hazardous substances consent, which would need to be obtained in the normal way. Further guidance on local and neighbourhood development orders near hazardous installations see ‘What about Local and Neighbourhood Development Orders?’.
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Do hazardous substances controls apply to Crown land?
Section 79 of the Planning and Compulsory Purchase Act 2004 applies hazardous substances controls to Crown land.