# The Planning (Hazardous Substances) Regulations 2015, Regulation 11: Determination of applications for hazardous substances consent


(1) A hazardous substances authority must not determine an application for hazardous substances consent before the expiry of the period or periods allowed for making representations under regulations 6(1) and 10(3).
(2) In determining an application for hazardous substances consent, the hazardous substances authority must take into account the results of consultations held in relation to that application.
(3) Subject to paragraph (1), a hazardous substances authority must, within the period specified in paragraph (4), give the applicant written notice of their decision or notice that the application has been referred to the Secretary of State for determination.
(4) The period specified for the purposes of paragraph (3) is—
(a) a period of 8 weeks from the date when the application is received by the hazardous substances authority; or
(b) except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing by the applicant and the hazardous substances authority.
(5) When a hazardous substances authority give notice of a decision on an application the notice must, where hazardous substances consent is refused or is granted subject to conditions—
(a) state, clearly and precisely, their full reasons for the refusal or for any condition imposed; and
(b) include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the Secretary of State under section 21 within 6 months of the date of the notice of the decision, or such longer period as the Secretary of State may at any time allow.
(6) The hazardous substances authority must, as soon as is practicable, inform the following persons of the terms of their decision—
(a) the Health and Safety Executive;
(b) where the land to which the decision relates is, or is on, a nuclear site, the Office for Nuclear Regulation;
(c) the district or London borough council or county council concerned, where that council is not the hazardous substances authority;
(d) any other consultees who have made representations to them on the application; and
(e) any owners who have made representations to them on the application.
(7) The hazardous substances authority must make available for inspection at the offices of the hazardous substances authority—
(a) the content of the decision and the reasons on which it is based, including any subsequent updates; and
(b) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision.

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Source: https://www.legislation.gov.uk/uksi/2015/627/regulation/11 (the official version)
Page: https://openlegislation.uk/planning-hazardous-substances-regulations-2015/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.