SCHEDULE 2Exemptions

17

The conditions are that—

a

before the relevant minor change occurs the planning authority receives from, in relation to a nuclear site, the Office for Nuclear Regulation and the Scottish Environment Protection Agency and, in any other case, the Health and Safety Executive and the Scottish Environment Protection Agency, notice in writing (a copy of which has been sent to the person in control of the land to which the hazardous substances consent in question relates) with—

i

details of the relevant minor change, including details of how hazardous substances are to be kept and used in consequence of that change;

ii

confirmation that the relevant minor change will not result in a safety hazard change; and

iii

confirmation that the relevant minor change will not result in a lower-tier establishment becoming an upper-tier establishment or vice versa; and

b

any hazardous substance that is held without hazardous substances consent in reliance on this exemption is kept and used in accordance with the details referred to in sub-paragraph (a)(i).