Regulation 10 Consultation before the grant of hazardous substances consent

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

reg. 10(1)(l) words substituted by Planning (Control of Major-Accident Hazards) 1999 reg. 3(5)(a)
reg. 10(4)(5) added by Planning (Control of Major-Accident Hazards) 1999 reg. 3(5)(b)
reg. 10(1)(f) words substituted by Gas Act 1995 (Consequential Modifications of Subordinate Legislation) 1996 Sch.
reg. 10(1)(m) words substituted by Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) 1994 Sch.
reg. 10(1)(aa) inserted by Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) 2014 Sch. 3 para. 180
reg. 10(1) words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 30(3)
reg. 10(1)(e)(ea) substituted for reg. 10(1)(e) by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 30(2)

(1)

Except where the body or person concerned has notified the hazardous substances authority that they do not wish to be consulted, the authority shall, before determining an application for hazardous substances consent, consult—

(a)

the Health and Safety Executive;

(b)

the district or London borough council or county council concerned, where that council is not also the hazardous substances authority;

(c)

the parish or community council concerned;

(d)

the fire and civil defence authority concerned, where that authority is not also the hazardous substances authority;

(e)

the National Rivers Authority;

(f)

the public gas supplier concerned;

(g)

the electricity board concerned;

(h)

where the land to which the application relates is within 2 kilometres of a royal palace, park or residence, the Secretary of State;

(i)

where the land to which the application relates is in an area designated as a new town, the development corporation for the new town;

(j)

where the land to which the application relates is situated within 2000 metres of—

(i)

an adjacent county, district or London borough, the council for that county, district or London borough;

(ii)

the area of an adjacent fire authority and civil defence authority, that authority;

(iii)

an adjacent new town, the development corporation for the new town;

(k)

where it appears to the hazardous substances authority dealing with the application that land in the area of any other hazardous substances authority may be affected, that authority;

(l)

where the application relates to land in an area to which section 28(1) of the Wildlife and Countryside Act 1981^f1 applies (sites of special scientific interest), in England, the Nature Conservancy Council or, in Wales, the Countryside Council for Wales;

(m)

where the application relates to land in an area of coal working notified to the hazardous substances authority by the British Coal Corporation, that Corpora tion;

(n)

where the application relates to land which is used for disposal or storage of controlled waste, the waste disposal authority concerned, where that authority is not also the hazardous substances authority.

(2)

Where, under this regulation, a hazardous substances authority is required to consult in respect of an application, they shall, unless a copy of the application has been served on the consultee by the applicant, serve the consultee with a copy of the application within 7 days of its receipt by the authority.

(3)

In paragraph (1)(n), “controlled waste” has the meaning given to that expression by section 75(4) of the Environmental Protection Act 1990 and “waste disposal authority” shall be construed in accordance with section 30(2) of that Act.

Annotations

Footnotes

f1: 1981 c. 69.