Planning (Hazardous Substances) Act 1990

18 Determination of applications for continuation of hazardous substances consent

(1) When an application is made under section 17 for the continuation of a hazardous substances consent the hazardous substances authority—

(a) may modify the consent in any way they consider appropriate; or

(b) may revoke it.

(2) In dealing with such an application the authority shall have regard to any material consideration and, in particular, but without prejudice to the generality of the foregoing—

(a) to the matters to which a hazardous substances authority are required to have regard by section 9(2)(a) to (d); and

(b) to any advice which the Health and Safety Executive or Health and Safety Commission have given following consultations in pursuance of regulations under section 17(2).

(3) If an application relates to more than one consent, the authority may make different determinations in relation to each.

(4) If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(5) It shall be the duty of a hazardous substances authority, when continuing hazardous substances consent, to attach to the consent either—

(a) a statement that it is unchanged in relation to the matters included in it by virtue of sections 9(4) and 10(3); or

(b) a statement of any change in respect of those matters.

(6) The modifications which a hazardous substances authority may make by virtue of subsection (1)(a) include, without prejudice to the generality of that subsection, the making of the consent subject to conditions with respect to any of the matters mentioned in subsection (1) of section 10; and subsection (2) of that section shall apply as respects those conditions as it applies to the grant of consent subject to conditions.

(7) Where any application under section 17(1) is made to a hazardous substances authority then, unless within such period as may be prescribed, or within such extended period as may at any time be agreed upon in writing between the applicant and the hazardous substances authority, the hazardous substances authority either—

(a) give notice to the applicant of their decision on the application; or

(b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 20,

the application shall be deemed to have been granted.