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Section 9 Determination of applications for hazardous substances consent.C1I1C2C3C4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C5(1)

Subject to the following provisions of this Act, where an application is made to a hazardous substances authority for hazardous substances consent, that authority—

(a)

may grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit; or

(b)

may refuse hazardous substances consent.

(2)

In dealing with such an application the hazardous substances authority shall have regard to any material considerations and, in particular, but without prejudice to the generality of the foregoing—

(a)

to any current or contemplated use of the land to which the application relates;

(b)

to the way in which land in the vicinity is being used or is likely to be used;

(c)

to any planning permission F1, permission in principle F2, infrastructure consent F3 or development consent that has been granted for development of land in the vicinity;

(d)

to the provisions of the development plan; and

(e)

to any advice which the F4safety regulator has given following consultations in pursuance of regulations under section 7(2).

(3)

If an application relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(4)

It shall be the duty of a hazardous substances authority, when granting hazardous substances consent, to include in that consent—

(a)

a description of the land to which the consent relates;

(b)

a description of the hazardous substance or substances to which it relates; and

(c)

in respect of each hazardous substance to which it relates, a statement of the maximum quantity allowed by the consent to be present at any one time.

Annotations

Textual amendments

F1

Words in s. 9(2)(c) inserted (27.3.2017) by The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/276), regs. 1, 4(2)

F2

Words in s. 9(2)(c) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 5(2) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F3

Words in s. 9(2)(c) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 43 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F4

Words in s. 9(2)(e) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 7 (with Sch. 4)

Modifications

C1

S. 9 applied (1.6.1992) by S.I. 1992/656, reg. 26(4)

C2

S. 9 power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

C3

S. 9 applied in part (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 23(4) (with reg. 34)

C4

S. 9 applied (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 25(4) (with reg. 36)

C5

S. 9(1): functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement

I1

S. 9 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 9 in force for certain purposes at 11.3.1992 see S. I. 1992/725, art 2